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COLONIAL  RECORDS  OF  NORTH  CAROLINA. 


BOSTON  COLLEGE  LIBRARY! 
CHESTNUT  HILL,  MASS, 


F^S| 

• N/ 1» 


£36591 


ABBREVIATIONS. 


B.  P.  It.  O. — British  Public  Record  Office. 

C.  E.  B. — Colonial  Entry  Books. 

C.  P. — Colonial  Papers. 

.S'.  P. — Shaftesbury  Papers. 

S.  P.  G. — Society  for  the  Propagation  of  the  Gospel  in  Foreign  Parts. 
B.  T. — Board  of  Trade. 

B.  T.  P. — Board  of  Trade  Proprietors. 

B.  T.  J. — Board  of  Trade  Journals. 

P.  G. — Plantations  General. 

A.  W.  I. — America  and  West  Indies. 


COLONIAL  RECORDS. 


1622. 


[Reprinted  from  Smith’s  History  of  Virginia,  Vol.  2,  p.  64.] 


The  obseruations  of  Master  John  Porv  Secretarie  of  Virginia  in  his 
trauels  1622 

5fC  5fC  * * 

In  February  also  lie  trauelled  to  the  South  River  Chawouock  some 
sixtie  miles  ouer  land  which  ho  found  to  be  a uerv  fruitful  and  pleasant 
Country,  yielding  two  haruests  in  a yeere  and  found  much  of  the  sillce 
grasse  formerly  spoken  of  Was  kindly  vsed  by  the  people  and  so  returned. 


1629. 


[B.  P.  R.  ().  Shaftesbury  Papers.  Section  IX.  Bundle  48.  No.  I .| 


SIR  ROBERT  HEATH’S  PATENT  j CHARLES  1st. 

[30  Oct.  1629]. 

Charles  bv  the  grace,  of  God  of  England  Scotland  France  A’  Ireland 
King  Defender  of  the  faith  &c  : To  all  to  whom  these  present  l™9  shall 

come,  greeting  we  have  seen  the  inrolement  of  eertaiue  of  our  1”*  patent." 
under  our  great  scale  of  England  made  to  Sr  Robert  Heath  Knight  our 
Atturney  Generali,  bearing  date  at  Westminster  the  30.  day  of  October 
in  tin*  •')  yeare  of  our  reigne  A in  rolled  in  our  Court  of  Chancery,  A 
remaining  upon  Record  among  the  Roles  of  the  Said  Court  in  these 
words:  The  king  to  all  to  whom  these  present  Ac:  greeting.  Whereas 

our  beloved  and  faithful!  subject  and  servant  S1'  Robert  Heath  Knight 
our  Attorney  Generali,  kindled  with  a eertaiue  laudable  and  pious  desire 
as  well  of  enlarging  the  Christian  religion  as  our  Empire  & enereasing 
the  Trade  A Commerce  of  this  our  kingdom:  A eertaiue  Region  or 

Territorv  to  bee  hereafter  described,  in  our  hinds  in  the  parts  of  America 


COLON  I A I,  RECORDS. 


6 


betwixt  one  & thirety  A:  86  decrees  of  northerne  latitude  inclusively 
placed  (yet  hitherto  untild,  neither  inhabited  by  ours  or  the  subjects  of 
any  other  Christian  king,  Prince  or  state  But  in  some  parts  of  it  inhab- 
ited by  certaine  Barbarous  men  who  have  not  any  knowledge  of  the 
Divine  Dietye)  He  being  about  to  lead  thither  a Colonye  of  men  large  A 
plentiful  1,  professing  the  true  religion  ; seduously  A industriously  apply- 
ing themselves  to  the  culture  of  the  sard  lands  & to  merchandising  to  be 
performed  by  industry  A at  his  owne  charges  A others  bv  his  example. 
And  in  this  his  purpose  in  this  affavre  for  our  service  and  honour  he 
hath  given  us  full  satisfaction,  which  purpose  of  his  beeing  soe  laudable 
A manifestly  tending  to  our  honour,  A the  profitt  of  our  kingdome  of 
England  WVe  with  a Roval  regard  considering  these  things  doe  thinke 
meete  to  approve  & prosecute  them,  for  which  end  the  savd  Sr  Robert 
Heath  hath  humbly  supplicated  that  all  that  Region  with  the  Isles  there- 
unto belonging  with  certaine  sorts  of  priveledges  & jurisdictions  for  the 
wholesome  government  of  his  Colonye  A Region  aforesaid  & for  the 
estate  of  the  appurtenances  may  be  given  granted  and  confirmed  to  him, 
his  heires  & Assignes  bv  our  Royal!  Highuesse. 

Know  therefore  that  wee  prosecuting  with  our  Royall  favour  the  pious 
& laudable  purpose  & desire  of  our  aforesaid  Attorney  of  our  espe- 
tiall  grace  certaine  knowledge  & meere  motion,  have  given,  granted 
& confirmed  A by  this  our  present  charter  to  the  said  Sr  Robert 
Heath  Knight  his  heires  & assignes  for  ever,  doe  give,  grant  & con- 
tinue all  that  River  or  Rivelett  of  S'  Matthew  on  the  South  side  & all 
that  River  or  Rivelett  of  the  great  passe  on  the  North  side,  & all  the 
lands  Tenements  A Hereditaments  lying,  beeing  & extending  within 
or  between  the  sayd  Rivers  by  that  draught  or  Tract  to  the  Ocean  upon 
the  east  side  A soe  to  the  west  A soe  fare  as  the  Continent  extends 
itselfe  with  all  A every  their  appurtenances  & alsoe  all  those  our 
Islands  of  beagus  Bahama  A all  other  Isles  & Islands  lying  southerly 
there  or  neare  upon  the  fbresayd  continent  all  which  lye  inclusively 
within  the  degrees  of  31  A 36  of  Northerne  latitude;  And  all  & sin- 
gular the  ports  A stations  of  shippes  A the  Creeks  of  the  sea  belong- 
ing to  the  Rivers,  Islands  & lands  aforesaid  ; with  the  fishings  of  all 
sorts  of  fish,  whales,  sturgeons  A of  other  Royaltves  in  the  sea  or  in  the 
rivers  moreover  all  veines,  mines  or  pits  either  upon  or  conceald  of 
(fold,  Silver  Jewells  A precious  stones  A all  other  things  whatso- 
ever, whither  of  stones  or  metalls  or  any  other  thing  or  matter  found  or 
to  be  found  in  the  Region  Territory  Isles  or  limitts  aforesaid.  And 
furthermore  the  patronages  and  advowsons  of  all  churches  which  shall 
happen  to  be  built  hereafter  in  the  said  Region  Territory  A Isles  and 


COLONIAL  RECORDS. 


7 


limitts  bv  the  increase  of  the  religion  A worship  of  Christ  Together  with 
all  & singular  these  & these  soe  amply,  Rights  Jurisdictions,  privi- 
ledges  prerogatives  Rovaltyes  libertyes  immunityes  with  Royal  1 rights 
A franchises  whatsoever  as  well  by  sea  as  by  land,  within  that  Region 
Territory  Isles  A limitts  aforesaid  To  have  exercise  use  A enjoy  in  like 
manner  as  any  Bishop  of  Durham  within  the  Bpnoke  or  County  palatine 
of  Durham  in  our  kingdome  of  England  ever  heretofore  had  held  used 
or  enjoyed  or  of  right  ought  or  could  have  hold  use  or  enjoy.  And  by 
the  presents  we  make  create  A'  constitute  the  same  Sr  Robert  Heath  his 
lieires  & assignes  true  and  absolute  Lords  A Proprietors  of  the  Region  A 
Territory  aforesaid  A all  other  the  premises  for  us  our  lieires  A succes- 
sors saveing  alwaies  the  faith  A allegiance  due  to  us  our  lieires  A succes- 
sors. To  have  hold  possess  A enjoy  the  said  Region  Isles  Rivers  A the 
rest  of  the  premisses  to  the  said  Sr  Robert  Heath  Knight  his  lieires  A 
assignes  to  the  sole  A proper  use  A behoofe  of  him  Sr  Robert  Heath 
Knight  his  lieires  A assignes  for  ever  with  that  meaning  that  the  said  Sl 
Robert  Heath  his  lieires  A assignes  shall  plant  the  premisses  according 
to  certaine  instructions  A directions  of  oures  signed  with  our  Royal! 
hand  of  the  date  of  the  presents  remaining  with  our  principall  Secretary 
to  our  use  our  lieires  A successors  To  be  held  of  us  our  lieires  A succes- 
sors Kings  of  England  in  elieife  by  knights  service  A by  paying  for  it 
to  us  our  lieires  A successors  one  Circle  of  Gold  formed  in  the  fashion  of 
a erowne  of  the  weight  of  twenty  Ounces  with  this  inscription  ingraved 
upon  it  Deos  Coronet  Opus  Suum  whensoever  A as  often  as  it  shall  hap- 
pen, that  we  our  lieires  or  successors  shall  enter  the  said  Region,  & also 
the  fifth  A part  of  all  the  metall  of  Gold  A Silver  (which  in  English  i> 
called  Gold  A Silver  Oare)  which  shall  from  time  to  time  happen  to  lie 
found  within  the  foresayd  limits  A such  a proportion  of  the  profitts  A 
commoditves  out  of  the  promises  as  are  fully  contained  in  the  instructions 
A declarations  aforesaid. 

But  that  the  aforesaid  Region  or  Territory  sue  granted  A described 
may  be  more  illustrious  by  us  than  all  the  other  Regions  of  that  land  A 
may  be  adorned  with  more  ample  Titles. 

Know  that  we  of  our  free  grace  certain  knowledge  A meerc  motion 
doe  thinke  lit  to  erect  the  savd  Region  Territory  A Isles  into  a Prov- 
ince A by  the  (nines  of  our  power  A Kingly  Authority  for  us  our 
lieires  A successors,  we  doe  erect  A incorporate  them  into  a province 
A name  the  same  Carolina  or  the  province  of  Carolina  A the  foresaid 
Isles  the  Carolarns  Islands  A soe  we  will  that  in  all  times  hereafter  they 
shall  be  named.  And  because  we  herebeforo  have  ordained  A made  the 
fores'1  $r  Robert  Heath  Knight  true  lord  A proprietor  of  all  the  afore- 


s 


COLONIAL  RECORDS. 


named  Province  Fnrtlicnuorc  know  yce  that  we  for  ourselves  our  heires 
A:  successors  doc  give  power  to  the  said  S'  Robert  (of  whose  faith  pru- 
dence industry  it  provident  circumspection  we  have  great  confidence) 
& to  his  heires  A:  assignes  for  the  good  it  happy  Government  of  the 
said  Province  to  forme  make  & enact  it  publish  under  the  scale  of  the 
said  S'  Robert  his  heires  it  assignes  what  I awes  soever  may  oonceme  the 
pnblicke  state  of  the  said  province  or  the  private  profitt  of  all  according 
to  the  wholesome  directions  of  it  with  the  counsel]  assent  it  approbation 
of  the  Freeholders  of  the  same  Province  or  the  Major  part  of  them  who 
when  it  as  often  as  need  shall  require  shall  by  the  aforesaid  Sr  Robert 
Heath  his  Heires  & Assignes  & in  that  forme  which  to  him  or  them  shall 
seem  best,  be  called  together  to  make  lawes  <fc  those  to  be  for  all  men 
within  the  said  province  it  the  bounds  of  it  for  the  time  beeing  or  under 
his  or  their  Government  or  power  either  say  ling  towards  Carolana  or 
returning  from  thence  either  outward  to  England  or  outward  to  any 
other  dominion  of  ours  whatsoever  constituted  by  imposition  of  fines  im- 
prisonment or  any  other  constraint  whatsoever  it  we  grant  to  the  said  S' 
Robert  his  heires  it  assignes  free  full  it  all  kind  of  power  by  the  Tenon r 
of  the  presents  if  the  qualitve  of  the  offence  requires  it  to  punish  by  the 
losse  of  life  or  liuibe  by  himself  his  heires  or  assignes,  or  by  their  Dep- 
uties Lieutenants  Judges  Justices  Magestrates  Officers  it  ministers  to  be 
constituted  it  made  according  to  the  tenour  it  true  intent  of  these  pres- 
ents duely  to  be  executed : And  also  to  the  said  S'  Robert  Heath  his 

heires  it  assignes  as  to  them  shall  seem  most  meet  power  of  constituting 
it  ordaining  Judges  it  Justices  Magistrates  it  officers  whatsoever  for 
whatsoever  causes  and  with  what  power  soever  it  in  what  forme  bv  sea  or 
bv  land.  Alsoe  crimes  it  all  excesses  whatsoever  against  such  laws  either 
before  judgement  received  or  after,  power  of  remitting  releasing  pardon- 
ing it  abolishing,  <t  all  it  singular  complements  of  justice  courts  tribu- 
nals fbrins  of  judgements  it  manners  of  processc  belonging  to  them 
although  there  be  not  mention  made  nor  expression  of  them  in  these  pre- 
cuts  which  lawes  as  aforesaid  to  be  proclaimed  it  to  be  endowed  with  the 
most  absolute  firmnesse  of  right : we  will  injoyne  command  it  order  that 
they  be  inviolably  observed  it  kept  by  all  men  the  Lieges  it  Subjects  of 
us  our  heires  it  successors  (as  farre  as  it  may  coneerne  them)  it  under  the 
paines  in  them  expressed  At  to  be  expressed  yet  soethat  the  foresaid  lawes 
it  ordinances  be  consonant  to  Reason  it  not  repugnant  or  contrary  but 
(as  conveniently  as  may  be  done)  consonant  to  the  lawes,  statutes,  cos- 
tumes it  rights  of  our  Realme  of  England. 

And  because  in  the  Government  of  soe  great  a Province  sudden  chances 
many  times  happen  to  which  it  will  lie  necessary  to  apply  a remedy  before 


COLONIAL  RECORDS. 


9 


that  the  Freeholders  of  the  save!  province  can  be  called  together  to  make 
lawes,  neither  will  it  be  convenient,  upon  a continued  title  in  an  emer- 
gent occasion  to  gather  together  soe  great  a people  therefore  for  the  better 
Government  of  the  sayd  Province,  we  will  & ordaine  A bv  these  presents 
for  Us  our  Heirs  & Successors;  doe  grant  unto  the  said  Sr  Robert  Heath 
his  Heires  A Assignes  by  himself  or  by  magistrates  A officers  duly  consti- 
tuted for  that  purpose  (as  before  is  sayd)  shall  A may  have  power  from 
time  to  time  to  make  A constitute  wholesome  A convenient  Ordinances 
within  the  Province  aforesaid  & be  kept  & observed  as  well  for  the  pre- 
serving the  peace  as  for  the  better  Government  of  the  people  there  liveing ; 
A to  give  publicke  notice  of  them  to  all  whom  it  doth  or  may  concerne: 
which  Ordinances  we  will  that  they  lie  inviolably  observed  within  the 
sayd  Province  under  the  paines  expressed  in  them  soe  as  the  sayd  Ordi- 
nances be  consonant  to  Reason  A not  repugnant  nor  contrary,  but  (as  con- 
veniently as  may  be  done)  consonant  to  the  laws,  statutes  A rights  of  our 
Realme  of  England  as  is  aforesaid  soe  alsoe  that  the  same  Ordinances 
extend  not  themselves  against  the  right  or  interest  of  any  person  or  per- 
sons or  to  distrayne  bind  or  burden  in  or  upon  his  freehold  goods  or 
chattels : or  to  be  received  any  where  then  in  the  same  Province  or  the 
Isles  aforesayd. 

Moreover  that  New  Carolana  may  happily  increase  by  the  multitude 
of  people  thronging  thither  A alsoe  that  they  be  firmely  defended  from 
the  incursions  of  the  Barbarous  A of  other  practicall  or  plundering  ene- 
myes.  Therefore  we  for  ourselves  our  Heires  A Successors  at  the  will  A 
pleasure  of  the  sayd  Sr  Robert  Heath  his  heires  and  assignes,  doe  give  A 
grant  by  these  presents  to  all  men  A our  subjects,  leiges  of  our  heires  and 
successors  both  those  in  present  A to  come  (unless  it  shall  be  in  an  espe- 
cial 1 manner  forbidden)  power,  licence  A liberty?  to  build  A fortifye 
themselves  A their  familves  in  the  sayd  Province  of  Carolana  for  the 
publicke  safety  of  their  seats  there  planted,  tilled  A inhabited  with  forts 
castles  & other  fortifications,  with  fitting  slopes  alsoe  A convenient  furni- 
ture for  transportation  the  statute  of  fugitives  or  any  other  whatsoever 
contrary  to  these  premises  in  any  wise  notwithstanding  We  will  alsoe  A 
for  Us  our  Heires  A successors  out  of  our  great  favour  we  firmely  comand 
constitute  ordaine  A require  that  the  said  Province  be  in  our  Allegiance 
A that  all  A every  our  subjects  A leiges  A of  our  heires  A successors 
brought  or  to  be  brought  into  the  said  Province,  their  children  either  their 
already  borne  or  hereafter  to  be  borne  are  A shall  be  Naturall  and  leiges 
to  us  our  Heires  A successors  A in  all  things  shall  be  held,  treated  re- 
puted A accounted  as  faithfull  leiges  of  us,  our  heires  A successors  borne 
in  our  Kingdom  of  England.  And  alsoe  that  they  shall  possess?  lands, 


10 


COLONIAL  RECORDS. 


tenements,  rents  services  & Hereditaments  whatsoever  with  our  King- 
dome  of  England  & other  our  Dominions  to  purchase,  receive,  take,  have, 
hold,  buy  and  possesse  A then  to  use  & enjoy  A alsoe  then  to  give  sell 
alienate  & bequeath  & alsoe  all  libertyes,  franchises  A priviledges  of  this 
our  Realme,  to  have  & possess  freely  quietly  A peaceably  & that  they 
mav  use  Ar  enjoy  them  as  our  leiges  borne  or  to  be  borne  within  our  King- 
dom of  England,  without  impediment,  molestation  or  vexation,  elaime  or 
grievance  from  us  our  Heires  A successors  whatsoever;  any  statute,  act, 
Ordinance  or  provision  here  upon  to  the  contrary  notwithstanding:  furth- 
ermore that  our  subjects  may  be  incited  with  a ready  A cheerfull  mind, 
to  undertake  this  expedition  with  the  hope  of  gaine  A the  meetnesse  of 
privileges.  Know  that  we  out  of  our  especiall  favour,  certain  knowl- 
edge A meere  motion  doe  give  licence  & grant  free  power,  as  well  to  the 
said  Sr  Robert  Heath  Knight  his  Heires  A assignes  as  to  all  others  who 
shall  goe  from  time  to  time  to  inhabit  in  Carolana  aforesaid,  all  A singu- 
lar their  goods  as  well  moveable  as  immovable  wares,  merchandize  alsoe 
weapons  & warlicke  instruments  offensive  & defensive  in  any  ports  of 
ours,  our  Heires  & successors  to  be  laded  in  shippes,  for  to  be  transported 
into  the  province  of  Carolana,  bv  him  or  his,  or  their  assignes  A this 
without  molestation  by  us  our  Heires  & successors  or  any  officers  of  us 
our  Heirs  or  successors,  or  farmers  to  11s,  our  Heires  A successors  : pay- 
ing notwithstanding  to  us,  our  Heires  A successors  all  & all  manner  of 
impositions,  subsidyes,  customes  & other  Dues  for  the  sayd  things  wares 
A merchandises  soe  exported  as  are  usual  1 A accustomed,  any  statute  act 
Ordinance  or  other  thing  whatsoever  to  the  contrary  notwithstanding. 
Alwaies  provided  that  before  the  sayd  Goodes,  things  & merchandises  are 
carried  to  & loaded  in  the  shippes  that  licence  for  them  be  desired  & ob- 
tained from  the  High  Treasurer  of  the  Kingdome  of  England  to  us,  our 
heires  A successors,  or  the  commissioners  for  our  Tresurveor  from  six  or 
more  of  the  Privy  Councell,  of  us  our  Heires  A successors  inscribed 
under  their  hands  To  which  Tresurer  Commissioners  A privy  Councell 
of  us  our  heires  A successors  or  to  any  sixe  or  more  of  them;  we  for  our- 
selves our  Heires  A successors  have  given  A granted  as  by  these  presents 
we  doe  give  A grant  power  to  grant  licence  in  the  form  aforesayd.  And 
because  in  soe  remote  a Region,  seated  among  so  many  barbarous  nations 
it  is  probable  that  the  incursions  as  well  of  those  Barbarous  as  of  other 
enemyes  Pirates  A Robbers  may  cause  feare.  Therefore  we  for  ourselves 
our  Heires  A successors  have  given  to  the  foresayd  Sr  Robert  Heath 
Knight  his  heires  A assignes  by  himself  his  Captains  or  other  his  officers, 
that  all  men  of  whatever  condition,  or  wherever  borne,  being  at  that  time 
in  the  Province  of  Carolana  power  to  call  to  their  colours,  to  cause 


COLONIAL  RECORDS. 


11 


Musters  to  make  warre,  to  pursue  enemves  A Robbers  aforesaid  by  land 
& sea,  even  beyond  the  bounds  of  his  province,  and  then  (with  Gods 
blessing)  to  overcome  & to  take,  A being  taken  by  right  of  warre  to  slay, 
or  according  to  his  pleasure  to  preserve,  A all  A every  thing  which  doe 
appertaineto  the  right  A office  of  a Captaine  Generali  or  have  been  used 
to  appertaine  to  be  done  A by  these  presents  doe  give  full  A free  power 
as  anv  Captaine  Generali  ever  had. 

Will  will  also  A by  this  our  charter  doe  give  power,  liberty  and 
Authority  to  the  foresayd  Sr  Robert  Heath  Knight  his  lieires  A assignes 
that  in  case  of  Rebellion  sudden  tumult  or  sedition,  if  any  such  shall 
chance  to  be  which  (God  forbid)  either  upon  the  land  within  the  Prov- 
ince aforesayd,  or  upon  the  wide  Ocean,  either  makeing  a journey 
towards  Carolana  aforesayd  or  returning  from  thence,  we  by  these  pres- 
ents for  us  our  lieires  A successors  doe  give  A grant  power  and  author- 
itye  most  ample  to  himself  or  by  Captaines  Deputyes  or  other  their  offi- 
cers authorised  to  this  purpose  under  their  scales,  against  all  authors  of 
innovations,  seditions  against  the  Government  of  him  or  them,  with- 
drawing themselves  speakers  evill  of  the  melitia,  renegadors,  deserters 

or  any  others  whatsoever  offending  against  the  matter  manner  A 

discipline  military  shall  bv  them  be  punished  by  law  militarve  soe  freely 
and  in  such  ample  manner  A forme  as  any  Captaine  Generali  by  the  ver- 
tue  of  his  office  may  or  could  doe. 

Furthermore  least  the  way  to  Honours  A Dignityes  may  seem  to  be 
shutt  A altogether  barr’d  up  to  men  honestly  borne,  A are  willing  to 
undertake  this  present  expedition  A are  desirous  in  soe  remote  and  far 
distant  a Region  to  deserve  well  of  us  A of  our  kingdomes  in  peace  A 
warre  for  that  doe  for  ourselves  our  lieires  A successors  give  full  A free 
power  to  the  foresayd  Sr  Robert  Heath  Ivnight  his  lieires  A assignes  to 
eonfere  favours  graces  A honours  upon  those  well  deserveing  citizens  that 
inhabit  within  the  foresayd  province  A the  same  with  whatever  Titles  A 
dignitves  (provided  they  be  not  the  same  as  are  now  used  in  England)  to 
adorneat  his  pleasure  alsoe  to  erect  villages  into  Borowes  A Boro wes  into 
Cittyes  for  the  meritts  of  the  inhabitants  and  convenience  of  the  places 
with  priviledges  A befitting  immunityes  to  be  erected  A incorporated,  A 
to  doe  all  other  A singular  upon  the  premises  which  shall  seem  most  con- 
venient to  him  or  them,  although  they  be  such  which  of  their  owne 
natures  doe  require  mandates  or  warrant  more  especiall  then  is  expressed 
in  these  presents  And  because  the  beginnings  of  Colonvs  A all  publicke 
goods  A affavres  doe  want  to  labour  under  divers  inconveniences  A diffi- 
cult ves,  therefore  woe  favouring  the  beginning  of  this  present  Colonye, 
A that  those  that  are  molested  in  one  thing  may  be  releived  in  another 


12 


COLONIAL  RECORDS. 


providing  by  our  kinglv  care,  out  of  our  espetiall  grace,  certaine  knowl- 
edge & moor  motion,  by  this  our  charter  do  give  and  grant  licence  to  the 
foresayd  Sr  Robert  Heath  his  heires  & assignee  & to  all  the  Dwellers  & 
inhabits  of  Carolana  aforesavd  whatsoever  both  present  & to  come : That 
whatsoever  wares  and  merchandises  out  of  the  growth  & increase  of  the 
sayd  Province  by  land  or  sea,  freely  to  bring  by  himselfe  or  his  factors 
or  assignes  into  whatever  port  of  us,  our  heires  Ar  successors  of  our  king- 
domes  of  England  or  Ireland  At  them  to  unlade  and  otherwise  thereof  to 
dispose,  or  if  need  be  continually  to  keep  for  a whole  yeare  the  sayd  mer- 
chandises from  being  unladed,  or  them  againe  into  the  same  or  other 
shippes  to  lade,  & to  export  them  into  what  Regions  soever  they  please 
whither  ours  or  others  strangers.  Alwaies  provided  that  soe  many  & 
such  Customes  impositions  subsidyes  & Toles  & other  dutves  which  they 
are  bound  to  pay  to  us,  our  heires  and  successors  & onely  such  & the  like 
as  our  other  subjects  for  the  time  beeing  are  bound  to  pav,  beyond  what 
& which  bv  noe  meanes  we  will  that  the  inhabitants  of  the  aforesavd 
Carolana  be  molested  or  greived. 

And  furthermore  of  our  more  ample  & espetial  favour  Ar  out  of  our 
certaine  knowledge  & nicer  motion  we  for  ourselves  our  heires  A’  succes- 
sors doe  grant  to  the  foresayd  Sr  Robert  Heath  Knight  his  Heires  & As- 
signes full  & absolute  power  and  authority  of  makeing  erecting  At  con- 
stituting within  the  foresayd  province  of  Carolana  At  the  Isles  aforesavd 
soe  many  or  such  sea-ports  stations  of  shippes  creeks  At  other  places  of 
ladeing  for  shippes  boats  At  other  vessells  At  in  soe  many  & in  such  like 
places  & with  such  rights  jurisdictions  libertyes  & priveledges  belonging 
to  the  like  ports  as  to  him  or  them  shall  seeme  most  expedient  Ar  that  all 
& singular  shippes  boates  & other  vessells  whatsoever,  for  whatever  cause 
of  merchandising  comeing  to  or  goeing  from  the  sayd  Province  shall  be 
laded  Ar  unladed  only  at  such  ports  as  shall  be  erected  At  appointed  soe 
by  the  savd  Sr  Robert  Heath  his  Heires  or  assignes  any  use  or  custome 
or  any  other  thing  notwithstanding.  Alwaies  saveing  & reserveing  to 
all  our  subjects  of  our  Kingdom  of  England  our  Heires  & successors 
liberty  of  fishing  as  well  in  the  sea  as  in  the  creeks  of  the  foresayd  Prov- 
ince & priveledge  to  salt  harden  & drye  fishes  upon  the  shores  of  the 
said  province:  as  it  hath  been  reasonably  used  Ar  enjoyed  heretofore 
anything  in  these  presents  to  the  contrary  notwithstanding.  All  which 
libertyes  & priveledges  the  subjects  of  us  our  heires  & successors  as  is 
afores4  shall  enjoy  yet  without  doeing  any  notable  hurt  or  injurye  in  any 
way  to  the  a fores4  Sr  Robert  Heath  his  heires  & assignes  or  to  the  Dwell- 
ers or  inhabitants  on  the  ports,  creeks  & shores  aforesavd  of  the  same 
Province;  A:  more  especial  1 in  their  Trees  there  growing;  And  if  any 


COLONIAL  RECORDS. 


13 


one  committe  any  such  harme  or  injurey  he  shall  undergoe  the  peril  A 
danger  of  the  highest  displeasure  of  us  our  heires  & successors  & the  due 
chastisem1  of  the  Law.  And  if  by  chance  hereafter  some  doubts  A ques- 
tions may  be  framed  about  the  true  sence  & meaning  of  any  word  clause 
or  sentence  contain’d  in  this  our  present  charter  we  will,  enjoyne  & coffi- 
and  that  alwaies  A in  all  things  that  interpretation  be  used  & shall  be 
received  in  all  onr  Courtes  which  shall  be  judged  more  benigne  profitable 
& favourable  to  the  foresayd  Sr  Robert  Heath  Knight  his  Heires  A 
assignes  A to  the  Dwellers  A inhabitants  of  the  foresayd  Province,  pro- 
vided alwaies  that  noe  interpretation  be  made  by  which  the  religion  of 
the  holy  God  A true  Christian,  or  the  Allegiance  due  to  us  our  heires  A 
successors  may  suffer  in  the  least  any  lessening  prejudice  or  losse.  Nev- 
erthelesse  we  will  A our  trust  in  the  aforesayd  Sr  Robert  Heath  Knight 
his  heires  A assignes  is  A the  aforesaid  Sr  Robert  Heath  Knight  for  him- 
selfe,  his  heires  executors  A assignes  doth  agree  A grant  to  A with  ns  our 
heires  A successors  that  the  sayd  ttr  Robert  Heath  Knight  his  heires  A 
assignes  in  the  Province  A foresayd  Isles  to  be  planted  A inhabited  shall 
soe  behave  themselves  in  all  things  as  we  by  our  instructions  and  direc- 
tions signed  with  onr  Royall  hand  as  aforesaid  most  espetially  to  instruct 
A direct  them,  shall  thinke  most  convenient  and  necessary  for  our  honour 
A service. 

Neverthelesse  alwaies  provided  that  it  shall  happen  the  River  or  Riv- 
elett  or  Isles  aforesayd  of  other  the  premises  or  any  part  or  parcell  of  the 
same  to  be  now  granted  to  any  person  or  persons  by  us  or  by  our  deare 
father  King  James,  or  is  now  actually  possessed  or  inhabited  by  any  of 
our  subjects  or  by  the  subjects  of  any  other  Christain  Prince  or  State, 
that  then  those  our  letters  patents  A all  in  them  conteined,  soe  farre  as  the 
eonteine  soe  much  of  the  premises  soe  granted,  and  are  now  so  actually 
possessed  A inhabited  as  is  aforesayd  shall  be  void  A of  noe  effect.  These 
our  letters  patents  or  anything  in  them  conteined  to  the  contrary  in  any 
wise  notwithstanding  And  that  expresse  mention  Ac:  In  witnesse 

whereof  Ac:  Witnesse  the  King  at  Westminster  the  thirtveth  day  of 

Oct : ^ 1”  de  private  sigillo  And  we  have  thought  fit  by  these  presents 
to  exemplifve  the  Tenour  and  inrollment  of  our  foresayd  letters  patents,  at 
the  request  of  the  foresayd  Sr  Robert  Heath  Knight. 

In  Testimony  whereof  we  have  caused  these  our  letters  to  bo  made 
patents  witnesse  our  selfe  at  (’anbury  the  fourth  dav  of  August  in  the 
seventh  year  of  our  Reign. 

( Rob:  Rich  I 

Exam:  by  uss  et  yclerckes. 

( Jo : Mvchell  ) 


14 


COLONIAL  RECORDS. 


1638. 


[B.  P.  H.  ().  Vikginia  15.  T.  Vol.  8.  I).  3.] 


THE  LORD  MATRAVERS  PATENT  FOR  THE  COUNTY 
OF  NORFOLK  &c.  IN  VIRGINIA 
22d  JANUARY  1637-8. 


This  Indenture  made  the  two  and  twentieth  of  January  Anno  I)ni 
1637  and  in  the  thirteenth  yeare  of  the  reigne  of  our  Sovereign  Lord 
Charles  by  the  grace  of  God  King  of  England  Scotland  France  and  Ire- 
land Defender  of  the  Faith  &e.  Between  Sr  John  Harvey  Knight  Gov- 
ernor for  the  time  being  of  the  Colony  of  Virginia  with  the  consent  of 
the  Council  of  State  of  the  same  of  the  one  part  and  the  Right  Honble 
Henry  Lord  Matravers  on  the  other  part,  Witnesseth,  That  whereas  it 
hath  pleased  the  King’s  most  excellent  Matie  by  his  Royall  Letters  being 
date  the  eleventh  day  of  Aprill  in  the  thirteenth  yeare  of  his  Maj8  reigne 
to  authorize  and  command  mee  the  said  Sr  John  Harvey  with  the  said 
Council  to  assign  and  set  out  to  the  said  Henry  Lord  Matravers  and  his 
Heyrs  tor  ever  a competent  tract  of  land  in  the  Southern  part  of  the 
Colony  to  bear  the  name  of  a County  and  be  called  the  County  of  Nor- 
folk upon  such  conditions  for  the  time  and  manner  of  planting  it  as 
shall  be  found  requisite  for  the  generall  good  of  the  Colony  and  with 
such  powers  & priviledges  as  may  be  tit  for  a person  of  his  quality 
Reserving  to  his  Majesty  his  heires  and  successors  the  yearly  rent  of 
twenty  shillings  to  be  paid  by  the  said  Lord  Matravers  and  his  heyres 
for  the  said  County  Now  Know  Yee  that  I the  said  Sr  John  Harvey 
Knight  Governor  and  Captain  General  of  Virginia  with  the  consent  of 
the  said  Councill  of  State  by  virtue  of  His  Mats  said  Royall  letters  to  mee 
and  the  said  Councill  directed  And  in  consideration  of  the  undertaking 
of  the  said  Henry  Lord  Matravers  to  transport  at  his  own  costs  and 
charges  and  to  settle  and  plant  divers  inhabitants  in  the  Colony  for  the 
advancement  and  generall  good  of  the  Plantation  Have  granted  allotted 
assigned  and  confirmed  unto  the  said  Henry  Lord  Matravers  and  his 
Heyrs  forever  a certain  territory  and  tract  of  land  situate  lying  and 
being  on  the  Southern  side  of  James  River  in  a branch  of  the  said  River 
being  called  and  Known  by  the  Indian  name  of  Nansimund  river  here- 
after to  be  called  Matravers  river  towards  the  head  of  the  said  Nansa- 
mum  River  als  Matravers  river  Being  bound  from  that  part  of  Nansa- 
mum  river  alias  Matravers  river  where  it  divides  itself  into  branches  one 
degree  in  Longitude  on  either  side  of  the  river  and  in  latitude  to  the 


COLONIAL  RECORDS. 


15 


height  of  thirty  five  degrees  northerly  Latitude  bv  the  name  and  appel- 
lation of  the  County  of  Norfolk  And  further  I the  sd  Sr  John  Harvey 
with  the  consent  of  the  sd  Council  doe  grant  and  agree  to  and  with  the 
said  Henry  Lord  Matravers  and  his  heires  that  when  he  or  they  have 
planted  and  peopled  the  above  mentioned  tract  of  land  hereby  to  him 
and  his  heires  assigned  and  appointed  That  then  it  shall  be  lawfull  for 
him  the  said  Henry  Lord  Matravers  to  make  choice  of  and  enter  into  and 
have  as  much  more  land  in  Virginia  as  is  herein  contained  with  the  same 
and  the  like  privileges  to  be  had  and  chosen  in  such  place  and  places 
where  no  English  shall  be  then  settled  or  inhabited  or  have  made  choice 
of  and  the  same  granted  to  them  eyther  by  Patent  or  Order  of  Court 
To  have  and  to  hold  the  above  mentioned  Tract  of  Land  according  to  the 
lymits  and  bounds  thereof  as  also  all  and  singular  the  Lands  to  be 
chosen  as  aforesaid  with  their  and  every  of  their  appurtenances  with  all 
rnvnes  as  well  Rovall  my  lies  of  gold  and  silver  as  other  mynes  and  min- 
eralls  woods  fishings  fowlings  huntings  waters  rivers  and  all  other  Profits 
and  Commodities  and  hereditaments  whatsoever  within  the  precincts  of 
the  aforesaid  Territory  or  Tract  of  Land  or  to  the  foresaid  Lands  to  be 
chosen  unto  the  said  Henry  Lord  Matravers  and  his  heirs  in  as  large  and 
ample  manner  as  any  Grants  have  heretofore  been  made  to  any  other 
Adventurers  or  Undertakers  whatsoever  either  by  the  late  Treasurer  & 
Company  at  any  time  since  To  be  held  of  our  said  Sovereign  Lord  the 
King  his  Heirs  and  Successors  as  of  his  Mannor  of  East  Greenwich  in 
free  and  common  soccage  by  fealty  and  not  in  Capite  nor  by  Knight’s 
service  Yielding  and  paying  unto  bur  Sovereign  Lord  the  King  his 
Heyres  and  successors  for  ever  one  fifth  part  of  the  said  Oare  of  all  the 
Mines  of  gold  and  silver  which  shall  be  found  within  the  lymits  of  the 
said  Tract  of  Land  and  County  of  Norfolk  and  the  Lands  to  be  chosen 
and  taken  up  as  aforesaid  And  likewise  yielding  A paying  unto  our  said 
Sovereign  Lord  the  King  his  Heyres  and  Successors  for  the  said  County 
of  Norfolk  the  vearlv  rent  of  twentv  shillings  at  the  Feast  of  St. 
Michael  the  Archangel  1 unto  the  hands  of  his  Maj.  Treasurer  for 
Virginia  to  beginn  after  the  expiration  of  the  first  seven  years  after 
the  date  hereof  And  further  it  shall  be  lawfull  to  and  for  the  said 
Henry  Lord  Matravers  or  his  Heyrs  him  or  their  Tenants  and  Servants 
and  such  as  he  or  they  shall  contract  with  and  employ  for  the  said  County 
to  go  and  returne  trade  and  traffick  with  the  Natives  or  otherwise  within 
the  lymits  of  the  Colony.  Also  to  import  and  transport  their  goods  and 
merchandises  at  their  will  and  pleasure  paying  only  such  duties  to  the 
Kings  Majesty  his  Hevrs  & Successors  as  the  late  Treasurer  and  Company 
did  or  ought  to  have  pavd  viz : Five  Pounds  ^ Centum  for  all  imported 


II) 


COLONIAL  RECORDS. 


goods  and  Five  Pounds  Centum  for  all  exported  goods  without  any 
other  taxes  impositions  burdens  or  restraints  upon  them  to  be  imposed 
otherwise  than  by  the  Grant  or  Consent  by  Grand  Assembly  of  the  Gen- 
eral Colony  of  Virginia  and  for  the  public  necessary  service  thereof 
And  it  is  further  Granted  and  agreed  that  the  persons  so  to  be  transported 
shall  not  be  taken  away  nor  commanded  eyther  by  the  Governor  for  the 
time  being  of  Virginia  or  any  other  Authority  therefrom  the  business 
and  emploiment  of  the  said  Henry  Lord  Matravers  or  his  Hevrs  and 
others  contracted  with  and  employed  as  aforesaid  upon  any  pretence  what- 
soever (necessary  defence  of  the  Country,  preservation  of  the  peace,  sup- 
pressing tumults  arising  within  the  Land  and  trvals  in  matters  of  justice 
in  Criminal  cases  of  life  and  death  or  in  civil  case  by  appeale  onelv  ex- 
cepted) And  I the  said  Sr  John  Harvey  with  the  consent  of  the  Coun- 
eill  aforesaid  doe  further  agree  to  and  with  the  said  Henry  Lord  Matra- 
vers and  his  Hevrs  that  it  shall  be  lawful  1 to  and  for  the  said  Henry 
Lord  Matravers  or  his  Hevrs  to  make  and  ordainesuch  Officers  & Com- 
manders Also  to  name  and  to  frame  such  Orders  Ordinances  and  Con- 
stitutions from  time  to  time  for  the  rule  and  government  ordering  & 
directing  of  all  persons  to  be  transported  & settled  within  the  said  County 
So  that  the  said  Orders  Ordinances  & Constitutions  be  not  repugnant  to 
the  Laws  of  England  or  to  the  particular  Laws  of  the  Colony  or  to  such 
Orders  <&  Instructions  as  shall  be  from  time  to  time  directed  from  the 
King’s  Majesty  or  from  the  Lords  of  his  Most  Honble  Privy  Couneill  to 
the  Governor  & Couneill  in  Virginia  (ordinary  appeals  to  the  Court  at 
James  City  held  by  the  Governor  & Council  onelv  excepted)  And  the 
said  Henry  Lord  Matravers  for  him  and  his  hevrs  doth  Covenant  and 
promise  to  and  with  the  said  Governor  and  Couneill  that  he  or  they  shall 
and  will  within  the  time  or  tearme  of  seaven  years  from  the  date  hereof 
plant  and  secure  with  a sufficient  strength  of  people  the  said  County  of 
Norfolk  herein  by  these  presents  granted.  And  further  that  the  said 
Henry  Lord  Matravers  or  his  hevrs  shall  from  time  to  time  during  the 
said  seaven  veares  make  or  cause  to  be  made  a true  Certificate  to  the  Gov- 
ernor and  Couneill  in  Virginia  for  the  time  being  of  every  person  trans- 
ported and  landed  in  Virginia  or  shipped  for  Virginia  and  dying  before 
arrival  to  be  entered  by  his  Maj.  Secretary  in  Virginia  in  the  Court  Rolls 
kept  at  James  ( 'itv  In  witnesse  whereof  the  said  Sr  John  Harvey  Knight 
Governor  have  to  the  one  part  of  these  present  Indentures  sett  his  hand 
and  the  Seale  of  the  Colony  and  to  the  other  part  thereof  the  said  Henry 
Lord  Matravers  hath  sett  to  his  hand  and  scale 

Rich:  Kemp..  JOHN  HARVEY. 

Secretary 


COLONIAL  RECORDS. 


17 


1643. 


[Hening’s  Virginia  Statutes  at  Large— March,  1343 — Vol.  1,  p.  ‘JG'J.J 


FFOR  as  much  as  Walter  Austin,  Rice  Hoe,  .Joseph  Johnson  and  Wal- 
ter Chiles  for  themselves  and  such  others  as  thev  shall  think  fitt  to  joyn 
with  them,  did  petition  in  the  Assembly  in  June  1(141  for  leave  and 
encouragement  to  undertake  the  discovery  of  a new  river  or  unknown 
land  bearing  west  southerly  from  Appomattake  river.  Be  it  enacted  and 
confirmed  that  they  and  every  of  them  and  whom  they  admitt  shall  enjoy 
and  possess  to  them  their  heires,  executors  or  administrators  or  assigns 
all  profitt  whatsoever  they  in  their  particular  adventure  can  make,  unto 
themselves  bv  such  discovery  aforesaid,  for  fourteen  years  after  the  date 
of  the  said  month  January  1(141,  Provided  there  lie  reserved  and  paid 
unto  his  majest"  use  by  them  that  shall  be  appointed  to  receive  the  same, 
the  fifth  part  Royall  Mines  whatsoever,  Provided  also,  that  if  they  shall 
think  fitt  to  employ  more  than  two  or  three  men  in  the  said  discovery 
that  they  shall  then  do  it  by  commission  from  the  Governour  and  Counsell 


1653. 


[Hening’s  Virginia  Statutes  at  Large — July,  1853 — Vol.  1,  p.  380. ] 


YPON  the  petition  of  Roger  Green,  elarke,  on  the  behalfe  of  himselfc, 
and  inhabitants  of  Nansemund  river,  It  is  ordered  by  this  present  Grand 
Assembly  than  tenn  thousand  acres  of  land  be  granted  unto  one  hundred 
such  persons  who  shall  first  seate  on  Moratuek  or  Roanoke  river  and  the 
land  lying  upon  the  south  side  of  Oman  river  and  the  branches  thereof, 
Provided  that  such  seaters  settle  advantageously  for  security,  and  be  suf- 
ficiently furnished  with  amunition  and  strength,  and  it  is  further  ordered 
by  the  authority  aforesaid,  That  there  be  granted  to  the  said  Roger  Green, 
the  rights  of  one  thousand  acres  of  land  and  choice  to  take  the  same 
when'  it  shall  seem  most  convenient  to  him,  next  to  those  persons  who 
have  had  a former  grant  in  reward  of  his  charge,  hazard  and  trouble  of 
first  discoverie,  and  encouragement  of  others  for  seating  those  southern 
parts  of  Virginia. 

0 


18 


COLONIAL  RECORDS. 


1654. 


[Thitrix>e,8  State  Papers,  Vol.  II,  r.  273.  Reprinted  from 
Hawks’s  History'  of  N.  C.J 

LETTER  FROM  MIL  FRANCIS  YARDLEY  TO  JOHN 
FARRAR,  ESQ. 

tiir : — Virginia,  Linnehaven,  8th  May,  1654. 

In  September  last,  a young  man,  a trader  for  beavers,  being  bound  out 
to  the  adjacent  parts  to  trade,  by  accident  his  sloop  left  him  ; and  he,  sup- 
posing she  had  been  gone  to  Roanoke,  hired  a small  boat,  and,  with  one  of 
his  company  left  with  him,  came  to  crave  mv  license  to  go  to  look  after 
his  sloop,  and  sought  some  relief  of  provisions  of  me;  the  which  grant- 
ing, he  set  forth  with  three  more  in  company,  one  being  of  my  family, 
the  others  were  my  neighbors.  They  entered  in  at  Caratoke,  ten  leagues 
to  the  southward  of  Cape  Henry,  and  so  went  to  Rhoanoke  Island ; where, 
or  near  thereabouts  they  found  the  great  Commander  of  those  parts  with 
his  Indians  a-hunting,  who  received  them. civilly,  and  showed  them  the 
ruins  of  Sir  Walter  Raleigh’s  fort,  from  whence  I received  a sure  token  of 
their  being  there  ********************* 
Immediately  I dispatched  away  a boat  with  six  hands,  one  being  a car- 
penter, to  build  the  King  an  English  house,  my  promise,  at  his  coming 
first,  being  to  comply  in  that  matter.  I sent  £200  sterling  in  trust  to 
purchase  and  pay  for  what  land  they  should  like,  the  which  in  little  time 
they  effected  and  purchased,  and  paid  for  three  great  rivers,  and  also  all 
such  others  as  they  should  like  of,  southerly;  and  in  solemn  manner  took 
possession  of  the  country,  in  the  name,  and  on  the  behalf  of  the  Common- 
wealth of  England;  and  actual  possession  was  solemnly  given  to  them 
by  the  great  Commander,  and  all  the  great  men  of  the  rest  of  the  prov- 
inces, in  delivering  them  a turf  of  the  earth  with  an  arrow  shot  into  it; 
and  so  the  Indians  totally  left  the  lands  and  rivers  to  us,  retiring  to  a 
new  habitation,  where  our  people  built  the  great  Commander  a fair  house, 
the  which  I am  to  furnish  with  English  utensils  and  chattels. 

****** 

Sir,  if  you  think  good  to  acquaint  the  States  with  what  is  done  by  two 
Virginians  born,  you  will  honor  our  country.  I have  at  this  instant  no 
present  worthy  your  acceptance,  but  an  arrow  that  came  from  the  Indians 


COLONIAL  RECORDS. 


lit 


inhabiting  on  the  South  Sea,  the  which  we  purpo.se,  God  willing,  to  see 
this  summer,  non  obstante  perimlo. 

* * # * jfc 

I humbly  take  leave,  and  ever  remain,  Sir, 

Your  true  honorer  and  affectionate 

Servant  to  be  commanded, 

FRANCIS  YARPLEY. 

For  the  worshipful  John  Farrar,  Esq.,  | 
at  his  Manor  of  Little  Gidding,  in 
Huntingdonshire.  J 


1662. 


[Records  of  Perquimans  County,  Book  A,  No.  374.] 


Know  All  men  by  these  presents  that  I,  Kiloaconen,  King  of  Yeopim 
have  for  a valeiable  consideration  of  satisfaction  received  with  the  con- 
sent of  my  people  sold,  and  made  over  and  to  George  Durant  a Parcel  I 
of  land  lying  and  being  on  Roneoke  Sound  and  on  a River  calk'd  by  the 
name  of  Perquimans  which.  Issueth  out  of  the  North  Side  of  tin*  afore- 
said Sound  which  Land  at  present  bears  the  name  of  Wecocomieke, 
bcgining  at  a marked  Oak  Tree,  which  divides  this  land  from  the  land 
I formily  sold  to  Sami  Prieklove  and  extending  westerly  up  the  said 
Sound  to  a Point  or  Turning  of  the  aforesaid  Perquimans  River  and  so 
up  the  eastward  side  of  the  said  River  to  a creek  called  by  the  name  of 
Awoseake,  to-wit ; — All  the  Land  betwixt  the  aforesaid  Rounds  of  Sam- 
uel Prieklove  and  the  said  Creek;  thence  to  the  Head  thereof.  And 
thence  through  the  W oods  to  the  first  Bounds. 

To  have  and  to  hold  the  quiet  possession  of  tin1  same  to  him  and  his 
heirs  forever,  with  All  Rights  and  Privi ledges  thereunto  forever  from  me 
or  anv  Person  or  Persons  whatsoever.  As  witness  my  hand  thi>  first  day 
of  March  1661. — 

Test:  Tho.  W'eamottii 

Cat, eh  Cajxeway. 

The  mark  of 

t 

KILCOCANEN 
or  KISTOTANEX 


1663. 

[Records  ok  Perquimans  County,  Book  A,  No.  376.] 


Whereas  George  Durant  Hath  Seated  a Plantation  on  Roanoke  Sound 
and  on  a point  called  bv  the  name  of  Wicocombe  at,  or  between  two 
Rivers  called  bv  v®  name  of  Perquimans  and  Katoline  and  whereas  I, 
George  Catchming  have  obtained  a grant  of  the  Honerable  Governor  of 
Virginia  for  the  whole  Neck  betwixt  the  two  Rivers  y®  which  grant  was 
a part  Belonging  to  the  said  George  Durant  be  it  known  therefore  unto 
all  men  by  these  Presents  1 the  said  George  Catchmang  do  assign,  make 
over  and  deliver  unto  him  the  above  named  George  Durant  that  Parcel! 
of  land  lying  and  being  on  y®  same  Neck,  Begining  at  a small  creek  or 
Branch  which  issueth  out  of  Perquimans  River  which  divideth  this  land 
from  the  Neck  called  Langley’s  Neck  extending  down  y®  said  River 
Sound  to  a small  Piece  of  Ground  where  y®  said  Durant  did  begin  to 
clear  but  desisted.  As  also  including  y®  same  small  piece  of  ground  to 
y®  eastward  of  his  Plantation  thence  Northerly  into  the  Woods  which 
land  I do  engage  mvself  mv  heirs,  executors,  administrators  and  assigns 
to  Pattvn  y®  said  ct  to  make  over  the  same  being  Patyned  to  him  his 
heirs,  executors,  administrators  <&  assigns  utterly  disclaiming  any  right, 
title  & interest  I,  the  said  Catchmang  have  to  y®  same  although  it  may 
be  put  into  my  Pattyn.  1 Witness  whereof  1 have  hereunto  set  my 
hand  this  13th  dav  of  March  1B62. 

GEORGE  CATCHMANY. 

Witness : 

John  Jenkins 
Edward  Remington. 


[Reprinted  from  Revised  Statutes  of  North  Carolina,  Vol.  II,  Page  437.] 

THE  FIRST  CHARTER  GRANTED  BY  KING  CHARLES 
THE  SECOND,  TO  THE  LORDS  PROPRIETORS 
OF  CAROLINA. 

Char  her  the  Second,  by  the  grace  of  God,  king  of  England,  Scot- 
land, France  and  Ireland,  Defender  of  the  Faith,  &c.,  To  all  to  whom 
these  present  shall  come:  Greeting: 

1st.  Whereas  our  right  trusty,  and  right  well  beloved  cousins  and  coun- 
sellors, Edward  Earl  of  Clarendon,  our  high  chancellor  of  England,  and 


COLONIAL  RECORDS. 


21 


George  Duke  of  Albemarle,  master  of  our  horse  and  captain  general  of 
all  our  forces,  our  right  trusty  and  well  beloved  William  Lord  Craven, 
John  Lord  Berkley,  our  right  trusty  and  well  beloved  counsellor, 
Anthony  Lord  Ashley,  chancellor  of  our  exchequer,  Sir  George  Carteret, 
knight  and  baronet,  vice  chamberlain  of*  our  household,  and  our  trusty 
and  well  beloved  Sir  William  Berkley,  knight,  and  Sir  John  Colleton, 
knight  and  baronet,  being  excited  with  a laudable  and  pious  zeal  for  the 
propagation  of  the  Christian  faith,  and  the  enlargement  of  our  empire 
and  dominions,  have  humbly  besought  leave  of  us,  by  their  industry  and 
charge,  to  transport  and  make  an  ample  colony  of  our  subjects,  natives 
of  our  kingdom  of  England,  and  elsewhere  within  our  dominions,-  unto  a 
certain  country  hereafter  described,  in  the  parts  of  America  not  yet  cul- 
tivated or  planted,  and  only  inhabited  by  some  barbarous  people  who 
have  no  knowledge  of  Almighty  God. 

2d.  And  whereas  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colle- 
ton, have  humbly  besought  us  to  give,  grant  and  confirm  unto  them  and 
their  heirs,  the  said  country,  with  priviledges  and  jurisdictions  requisite 
for  the  good  government  and  safety  thereof:  Know  ye,  therefore,  that 
we,  favouring  the  pious  and  noble  purpose  of  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William 
Berkley,  and  Sir  John  Colleton,  of  our  special  grace,  certain  knowledge 
and  meer  motion,  have  given,  granted  and  confirmed,  and  by  this  our 
present  charter,  for  us,  our  heirs  and  successors,  do  give,  grant  and  con- 
firm to  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ash- 
lev,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton, 
their  heirs  and  assigns,  all  that  territory  or  tract  of  ground,  scituate, 
lying  and  being  within  our  dominions  of  America,  extending  from  the 
north  end  of  the  island  called  Lucke  island,  which  lieth  in  the  southern 
Virginia  seas,  and  within  six  and  thirty  degrees  of  the  northern  latitude, 
and  to  the  west  as  far  a>  the  south  seas,  and  so  southerly  as  far  as  the  river 
St  Matthias,  which  bordcreth  upon  the  coast  of  Florida,  and  within  one 
and  thirty  degrees  of  northern  latitude,  and  so  west  in  a direct  line  as 
far  as  the  south  seas  aforesaid ; together  with  all  and  singular  ports,  har- 
bours, bays,  rivers,  isles  and  islets  belonging  to  the  country  aforesaid  ; 
and  also  all  the  soil,  lands,  fields,  woods,  mountains,  fields,  lakes,  rivers, 
bavs  and  islets,  scituate  or  being  within  the  bounds  or  limits  aforesaid, 


COLONIAL  RECORDS. 


22 


with  the  fishing  of  all  sorts  of  fish,  whales,  sturgeons,  and  all  other  royal 
fishes  in  the  sea,  bays,  islets  and  rivers  within  the  premises,  and  the  lisli 
therein  taken  ; and  moreover  all  veins,  mines,  quarries,  as  well  discovered 
as  not  discovered,  of  gold,  silver,  gems,  precious  stones,  and  all  other 
whatsoever,  be  it  of  stones,  metals,  or  any  other  thing  whatsoever,  found 
or  to  be  found  within  the  countries,  isles  and  limits  aforesaid. 

•id.  And  furthermore,  the  patronage  and  advowsons  of  all  the  churches 
and  ehappels,  which  as  Christian  religion  shall  increase  within  the  coun- 
try, isles,  islets  and  limits  aforesaid,  shall  happen  hereafter  to  be  erected, 
together  with  license  and  power  to  build  and  found  churches,  ehappels 
and  oratories,  in  convenient  and  tit  places,  within  the  said  bounds  and 
limits,  and  to  cause  them  to  be  dedicated  and  consecrated  according  to  the 
ecclesiastical  laws  of  our  kingdom  of  England,  together  with  all  and 
singular  the  like,  and  as  ample  rights,  jurisdictions,  priviledges,  preroga- 
tives, royalties,  liberties,  immunities  and  franchises  of  what  kind  soever, 
within  the  countries,  isles,  islets  and  limits  aforesaid. 

4th.  To  have,  use,  exercise  and  enjoy,  and  in  as  ample  manner  as  any 
bishop  of  Durham  in  our  kingdom  of  England,  ever  heretofore  have 
held,  used  or  enjoyed,  or  of  right  ought  or  could  have,  use,  or  enjoy. 
And  them,  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ash- 
lev,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton, 
their  heirs  and  assigns,  we  do  by  these  presents,  for  us,  our  heirs,  and 
successors,  make,  crfeate  and  constitute  the  true  and  absolute  Lords  Pro- 
prietors of  the  country  aforesaid,  and  of  all  other  the  premises;  saving 
always  the  faith,  allegiance  and  sovereign  dominion  due  to  us,  our  heirs 
and  successors,  for  the  same,  and  saving  also  the  right,  title1  and  interest 
of  all  and  every  our  subjects  of  the  English  nation,  which  are  now 
planted  within  the  limits  and  bounds  aforesaid  (if  any  be).  To  have, 
hold,  possess  and  enjoy  the  said  country,  isles,  islets,  and  all  and  singular 
other  the  premises,  to  them  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  Sir  John  Colle- 
ton, their  heirs  and  assigns  forever,  to  be  holden  of  us,  our  heirs  and  suc- 
cessors, as  of  our  manner  of  East  Greenwich  in  our  county  of  Kent,  in 
free  and  common  soccage,  and  not  in  eapite,  or  by  knight  service;  yield- 
ing and  paying  yearly  to  us,  our  heirs  and  successors,  for  the  same,  the 
vearlv  rent  of  twenty  marks  of  lawful  money  of  England,  at  the  feast  of 
All  Saints,  vearlv  forever,  the  first  payment  thereof  to  begin  and  to  be 
made  on  the  feast  of  All  Saints,  which  shall  be  in  the  year  of  our  Lord 


COLONIAL  RECORDS. 


23 


one  thousand  six  hundred  and  sixtvfive,  and  also  the  fourth  part  of  all 
gold  or  silver  ore,  which,  within  the  limits  aforesaid,  shall  from  time  to 
time  happen  to  be  found. 

dth.  And  that  tin;  country,  thus  by  us  granted  and  described,  may  be 
dignified  by  us  with  as  large  titles  and  priviledges  as  any  other  part  of 
our  dominions  and  territories  in  that  region,  Know  ye,  that  we  of  our 
further  grace,  certain  knowledge,  and  moor  motion,  have  thought  fit  to 
erect  the  same  tract  of  ground,  county,  and  island,  into  a province,  and 
out  of  the  fulness  of  our  royal  power  and  prerogative,  we  do,  for  us,  our 
heirs  and  successors,  erect,  incorporate  and  ordain  the  same  into  a prov- 
ince, and  call  it  the  Province  of  Carolina,  and  so  from  henceforth  will 
have  it  called;  and  forasmuch  as  we  have  hereby  made  and  ordained  the 
aforesaid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs 
and  assigns,  the  true  lords  and  proprietors  of  all  the  province  aforesaid  ; 
Know  ye,  therefore  moreover,  that  we,  reposing  especial  trust  and  confi- 
dence in  their  fidelity,  wisdom,  justice  and  provident  circumspection,  for 
us,  our  heirs  and  successors,  do  grant  full  and  absolute  power,  by  virtue 
of  these  presents,  to  them  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John 
Colleton,  and  their  heirs,  for  the  good  and  happy  government  of  the  said 
province,  to  ordain,  make,  enact,  and  under  their  seals  to  publish  any 
laws  whatsoever,  either  appertaining  to  the  publiek  state  of  the  said  prov- 
ince, or  to  the  private  utility  of  particular  persons,  according  to  their 
best  discretion,  of  and  with  the  advice,  assent  and  approbation  of  the 
freemen  of  the  said  province,  or  of  the  greater  part  of  them,  or  of  their 
delegates  or  deputies,  whom  for  enacting  of  the  said  laws,  when  and  as 
often  as  need  shall  require,  we  will  that  the  said  Edward  Earl  of  Claren- 
don, George  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord 
Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  W illiam  Berk- 
ley, and  Sir  John  ( 'olleton,  and  their  heirs,  shall  from  time  to  time  assem- 
ble in  such  manner  and  form  as  to  them  shall  seem  best,  and  the  same 
laws  duly  to  execute  upon  all  people  within  the  said  province  and  limits 
thereof,  for  the  time  being,  or  which  shall  be  constituted  under  the  power 
and  government  of  them  or  any  of  them,  either  sailing  towards  the  said 
province  of  Carolina,  or  returning  from  thence  towards  England,  or  any 
other  of  our,  or  foreign  dominions,  by  imposition  of  penalties,  imprison- 
ment, or  any  other  punishment ; yea,  if  it  shall  be  needfull,  and  the  qual- 


24 


COLONIAL  RECORDS. 


it v "1  llif  olionee  requires  il,  in  taking  awav  ni«*i n I mt  ami  life,  cither  by 
them,  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley  and  Sir  John  Colleton,  and  their 
heirs,  or  by  them  or  their  deputies,  lieutenants,  judges,  justices,  magis- 
trates, officers  and  members  to  be  ordained  or  appointed  according  to  the 
tenor  and  true  intention  of  these  presents;  and  likewise  to  appoint  and 
establish  any  judges  or  justices,  magistrates  or  officers  whatsoever,  within 
the  said  province,  at  sea  or  land,  in  such  manner  and  form  as  unto  the 
said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton  and  their  heirs 
shall  seem  most  convenient ; also,  to  remit,  release,  pardon  and  abolish 
(whether  before  judgment  or  after)  all  crimes  and  offences  whatsoever, 
against  the  said  laws,  and  to  do  all  and  every  other  thing  and  things, 
which  unto  the  compleat  establishment  of  justice  unto  courts,  sessions, 
and  forms  of  judicature  and  manners  of  proceedings  therein  do  belong, 
although  in  these  presents  express  mention  be  not  made  thereof;  and  by 
judges  and  by  him  or  them  delegated,  to  award  process,  hold  pleas,  and 
determine  in  all  the  said  courts,  and  places  of  judicature,  all  actions,  suits 
and  causes  whatsoever,  as  well  criminal  or  civil,  real,  mixt,  personal,  or 
of  any  other  kind  or  nature  whatsoever ; which  laws,  so  as  aforesaid 
to  be  published,  our  pleasure  is,  and  we  do  require,  enjoin  and  com- 
mand, shall  be  absolute,  firm  and  available  in  law,  and  that  all  the  liege 
people  of  us,  our  heirs  and  successors,  within  the  said  province  of  Caro- 
lina, do  observe  and  keep  the  same  inviolably  in  those  parts,  so  far  as 
they  concern  them,  under  the  pains  and  penalties  therein  expressed,  or  to 
be  expressed : Provided  neverthele.'os,  that  the  said  laws  be  consonant  to 
reason,  and  as  near  as  may  bo  conveniently,  agreeable  to  the  laws  and 
customs  of  this  our  kingdom  of  England. 

6th.  And  because  such  assemblies  of  freeholders  cannot  be  so  con- 
veniently called,  as  there  may  be  occasion  to  require  the  same,  we  do, 
therefore,  by  these  presents,  give  and  grant  unto  the  said  Edward  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  W illiam 
Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  by  themselves 
or  their  magistrates,  in  that  behalf  lawfully  authorized,  full  power  and 
authority,  from  time  to  time  to  make  and  ordain  tit  and  wholesome 
orders  and  ordinances,  within  the  province  aforesaid,  to  be  kept  and 
observed  as  well  for  the  keeping  of  the  peace,  a.-  for  the  better  govern- 


( ’OLONIA 1 , Ti  ECO  R DS. 


ment  of  the  people  there  abiding,  and  to  publish  the  same  to  all  to  whom 
it  may  concern  ; which  ordinances,  we  do  by  these  presents  streightlv 
charge  and  command  to  be  inviolably  observed  within  the  said  province, 
under  the  penalties  therein  expressed,  so  as  such  ordinances  be  reason- 
able, and  not  repugnant  or  contrary,  but  as  near  as  may  be,  agreeable  to 
the  laws  and  statutes  of  this  our  kingdom  of  England,  and  so  as  the 
same  ordinances  do  not  extend  to  the  binding,  charging,  or  taking  away 
of  the  right  or  interest  of  any  person  or  persons,  in  their  freehold,  goods 
or  chattels  whatsoever. 

7th.  And  to  the  end  the  said  province  may  be  the  more  happily 
increased,  by  the  multitude  of  people  resorting  thither,  and  may  like- 
wise be  the  more  strongly  defended  from  the  incursions  of  salvages  and 
other  enemies,  pirates  and  robbers,  therefore  we,  for  us,  our  heirs  and 
successors,  do  give  and  grant  by  these  presents,  power,  license  and  liberty 
unto  all  the  liege  people  of  us,  our  heirs  and  successors  in  our  kingdom 
of  England  or  elsewhere,  within  any  other  our  dominions,  islands,  col- 
onies or  plantations,  (excepting  those  who  shall  be  especially  forbidden,) 
to  transport  themselves  and  families  unto  the  said  province,  with  con- 
venient shipping  and  fitting  provisions,  and  there  to  settle  themselves, 
dwell  and  inhabit,  anv  law,  statute,  act,  ordinance,  or  other  thing  to  the 
contrary  in  any  wise  notwithstanding.  And  we  will  also,  and  of  our 
more  special  grace,  for  us,  our  heirs  and  successors,  do  streightlv  enjoin, 
ordain,  constitute  and  command,  that  the  said  province  of  Carolina,  shall 
be  of  our  allegiance,  and  that  all  and  singular  the  subjects  and  liege 
people  of  us,  our  heirs  and  successors,  transported  or  to  bo  transported 
into  the  said  province,  and  the  children  of  them  and  of  such  as  shall 
descend  from  them,  there  born  or  hereafter  to  be  born,  be  and  shall  be 
denizons  and  lieges  of  us,  our  heirs  and  successors  of  this  our  kingdom 
of  England,  and  be  in  all  things  held,  treated,  and  reputt'd  as  the  liege 
faithful  people  of  us,  our  heirs  and  successors,  born  within  this  our  said 
kingdom,  or  any  other  of  our  dominions,  and  may  inherit  or  otherwise 
purchase  and  receive,  take,  hold,  buy  and  possess  any  lands,  tenements  or 
hereditaments  within  the  same  places,  and  them  may  occupy,  possess  and 
enjoy,  give,  sell,  aliene  and  bequeathe;  as  likewise  all  liberties,  fran- 
chises and  priviledges  of  this  our  kingdom  of  England,  and  of  other  our 
dominions  aforesaid,  and  may  freely  and  quietly  have,  possess  and  enjoy, 
as  our  liege  people  born  within  the  same,  without  the  least  molestation, 
vexation,  trouble  or  grievance  of  us,  our  heirs  and  successors,  any  statute, 
act,  ordinance,  or  provision  to  the  contrary  notwithstanding. 


COLONIAL  RECORDS. 


26 


JStli.  And  furthermore,  licit  our  subjects  of  this  our  said  kingdom  of 
England,  and  other  our  dominions,  mav  lie  the  rather  encouraged  to 
undertake  this  expedition  with  ready  and  chearfnl  minds,  know  ve,  that 
we  of’  our  special  grace,  certain  knowledge,  and  nicer  motion,  do  give 
and  grant  by  virtue  of’ these  presents,  as  well  to  the  said  Edward  Earl  ol 
Clarendon,  George  Duke  of’  Albemarle,  W illiam  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  W illiam 
Berkley,  and  Sir  John  Colleton,  and  their  heirs,  as  unto  all  others  as 
shall  from  time  to  time  repair  unto  the  said  province,  with  a purpose  to 
inhabit  there,  or  to  trade  with  the  natives  of  the  said  province,  full  lib- 
erty and  license  to  lade  and  freight  in  any  port  whatsoever,  of  us,  our 
heirs  and  successors,  and  into  the  said  province  of  Carolina,  by  them, 
their  servants  or  assigns,  to  transport  all  and  singular  their  goods,  wares 
and  merchandises,  as  likewise  all  sorts  of  grain  whatsoever,  and  any  other 
things  whatsoever,  necessary  for  the  food  and  clothing,  not  prohibited  by 
the  laws  and  statutes  of  our  kingdoms  and  dominions,  to  be  carried  out 
of  the  same,  without  any  let  or  molestation  of  11s,  our  heirs  and  succes- 
sors, or  of  any  other  of  our  officers,  or  ministers  whatsoever,  saving  also 
to  us,  our  heirs  and  successors,  the  customs  and  other  duties  and  pay- 
ments, due  for  the  said  wares  and  merchandises,  according  to  the  several 
rates  of  the  places  from  whence  the  same  shall  be  transported.  We  will 
also,  and  by  these  presents,  for  us,  our  heirs  and  successors,  do  give  and 
grant  license  by  this  our  charter,  unto  the  said  Edward  Earl  of  Claren- 
don, George  Duke  of  Albemarle,  Wrilllam  Lord  Craven,  John  Lord  Berk- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley, 
and  Sir  John  Colleton,  their  heirs  and  assigns,  and  to  all  the  inhabitants 
and  dwellers  in  the  province  aforesaid,  both  present  and  to  come,  full 
power  and  absolute  authority  to  import  or  unlade  by  themselves  or  their 
servants,  factors  or  assigns,  all  merchandises  and  goods  whatsoever,  that 
shall  arise  of  the  fruits  and  commodities  of  the  said  province,  either  by 
land  or  by  sea,  into  any  of  the  ports  of  us,  our  heirs  and  successors,  in  our 
kingdom  of  England,  Scotland  or  Ireland,  or  otherwise  to  dispose  of  the 
said  goods,  in  the  said  ports;  and  if  need  be,  within  one  year  next  after 
the  unlading,  to  lade  the  said  merchandises  and  goods  again  into  the  same 
or  other  ships,  and  to  export  the  same  into  any  other  countries  either  of 
our  dominions,  or  foreign,  being  in  amity  with  us,  our  heirs  and  succes- 
sors, so  as  they  pay  such  customs,  subsidies,  and  other  duties  for  the  same, 
to  us,  our  heirs  and  successors,  as  the  rest  of  our  subjects  of  this  our  king- 
dom, for  the  time  being,  shall  be  bound  to  pay,  beyond  which  we  will 
not,  that  the  inhabitants  of  the  said  province  of  Carolina,  shall  beany 
ways  charged. 


COLONIAL  RECORDS. 


27 


9th.  Prodded  nevertheless,  and  our  will  and  pleasure  is,  and  we  have 
further  for  the  consideration  aforesaid,  of  our  more  especial  grace,  certain 
knowledge  and  meer  motion,  given  and  granted,  and  by  these  presents, 
for  us  our  heirs  and  successors,  do  give  and  grant  unto  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley  and  Sir  John  Colleton,  their  heirs  and  assigns,  full  and 
free  license,  liberty  and  authority,  at  any  time  or  times,  from  and  after 
the  feast  of  St  Michael  the  archangel,  which  shall  be  in  the  year  of  our 
Lord  Christ,  one  thousand  six  hundred  sixty  and  seven,  as  well  to  import, 
and  bring  into  any  of  our  dominions  from  the  said  province  of  Carolina, 
or  any  part  thereof,  the  several  goods  and  commodities,  hereinafter  men- 
tioned, that  is  to  say,  silks,  wines,  currants,  raisins,  capers,  wax,  almonds, 
oyl  and  olives,  without  paving  or  answering  to  us,  our  heirs  or  successors, 
any  custom,  import,  or  other  duty,  for  and  in  respect  thereof,  for  and 
during  the  term  and  space  of  seven  years,  to  commence  and  be  aecompted, 
from  and  after  the  first  importation  of  four  tons  of  any  the  said  goods, 
in  any  one  bottom,  ship  or  vessel  from  tin1  said  province,  into  any  of  our 
dominions,  as  also  to  export  and  carry  out  of  any  of  our  dominions,  into 
the  said  province  of  Carolina,  custom  free,  all  sorts  of  tools  which  shall 
be  usefull  or  necessary  for  the  planters  there,  in  the  accommodation  and 
improvement  of  the  premises,  any  thing  before,  in  these  presents  con- 
tained, or  any  law,  act,  statute,  prohibition  or  other  matter,  or  any  thing 
heretofore  had,  made,  enacted  or  provided,  or  hereafter  to  be  had,  made, 
enacted  or  provided,  to  the  contrary,  in  anv  wise  notwithstanding. 

10th.  And  furthermore,  of  our  own  ample  and  especial  grace,  certain 
knowledge  and  meer  motion,  we  do  for  us,  our  heirs  and  successors,  grant 
unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley  and  Sir  John  Colleton,  their  heirs 
and  assigns,  full  and  absolute  power  and  authority,  to  make,  erect  and 
constitute,  within  the  said  province  of  Carolina,  and  the  isles  and  islets 
aforesaid,  such  and  ^o  many  seaports,  harbours,  creeks  and  other  places, 
for  discharge  and  unlading  of  goods  and  merchandises,  out  of  ships,  boats 
and  other  vessels,  and  for  lading  of  them,  in  such  and  so  many  places, 
and  with  such  jurisdiction,  priviledges  and  franchises  unto  the  said  ports 
belonging,  as  to  them  shall  seem  most  expedient,  and  that  all  and  singu- 
lar the  ships,  boats  and  other  vessels,  which  shall  come  for  merchandises 
and  trade  into  the  said  province,  or  shall  depart  out  of  the  same,  shall  be 
laden  and  unladen  at  such  ports  only,  as  shall  be  erected  and  constituted 


COLONIAL  RECORDS. 


: l x 


by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley, and  Sir  John  Colleton,  theiCheirs 
and  assigns,  and  not  elsewhere,  anv  use,  custom  or  any  other  thing  to  tin- 
contrary,  in  any  wise  notwithstanding. 

11th.  And  we  do  furthermore  will,  appoint  and  ordain,  and  by  these 
presents  for  us,  our  heirs  and  successors,  do  grant  unto  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
W illiam  Berkley  and  Sir  John  Colleton,  their  heirs  and  assigns,  that 
they  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley  and  Sir  John  Colleton,  their  heirs 
and  assigns,  may  from  time  to  time  forever,  have  and  enjoy,  the  customs 
and  subsidies  in  the  ports,  harbours,  creeks  and  other  places  within  the 
province  aforesaid,  payable  for  goods,  merchandise  and  wares,  there  laded 
or  to  be  laded,  or  unladed,  the  said  customs  to  be  reasonably  assessed, 
upon  any  occasion,  by  themselves,  and  by  and  with  the  consent  of  the 
free  people  there,  or  the  greater  part  of  them  as  aforesaid  ; to  whom  we 
give  power  by  these  presents,  for  us,  our  heirs  and  successors,  upon  just 
cause  and  in  a due  proportion,  to  assess  and  impose  the  same. 

12th.  And  further,  of  our  special  grace,  certain  knowledge,  and  meer 
motion,  we  have  given,  granted  and  confirmed,  and  by  these  presents,  for 
us,  our  heirs  and  successors,  do  give,  grant  and  confirm  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord 
Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret, 
Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  full 
and  absolute  license,  power  and  authority,  that  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William 
Berkley,  Sir  John  Colleton,  their  heirs  and  assigns,  from  time  to  time, 
hereafter,  forever,  at  his  and  their  will  and  pleasure,  may  assign,  alien, 
grant,  demise,  or  enfeof  the  premises,  or  any  part  or  parcels  thereof,  to 
him  or  them  that  shall  be  willing  to  purchase  the  same,  and  to  such  per- 
son or  persons  as  they  shall  think  fit,  to  have  and  to  hold,  to  them  the 
said  person  or  persons,  their  heirs  or  assigns,  in  fee  simple  or  fee  tavle; 
or  for  term  for  life,  or  lives,  or  years,  to  be  held  of  them,  the  said  Ed- 
ward Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord 
Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret, 
Sir  William  Berkley  and  Sir  John  Colleton,  their  heirs  and  assigns,  by 


COLONIAL  RECORDS. 


29 


such  rents,  services  and  customs,  as  shall  seem  meet  to  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  W illiam  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
Wdlliam  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  and 
not  immediately  of  us,  our  heirs  and  successors,  and  to  the  same  person 
and  persons,  and  to  all  and  every  of  them,  we  do  give  and  grant  by  these 
presents,  for  us  our  heirs  and  successors,  license,  authority  and  power, 
that  such  person  or  persons,  may  have  or  take  the  premises,  or  any  par- 
cel thereof,  of  the  said  Edward  Earl  of  Clarendon,'  George  Duke  of 
Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  W illiam  Berkley  and  Sir  John  Colleton, 
their  heirs  and  assigns,  and  the  same  to  hold,  to  themselves,  their  heirs 
or  assigns,  in  what  estate  of  inheritance  whatsoever,  in  fee  simple,  or  fee 
tayle,  or  otherwise,  as  to  them  and  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  W illiam  Lord  Craven,  John  Lord  Berkley, 
Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  W illiam  Berkley,  and 
Sir  John  Colleton,  their  heirs  and  assigns,  shall  seem  expedient  ; the 
statute  made  in  the  parliament  of  Edward,  son  of  King  Henry,  hereto- 
fore king  of  England,  our  predecessor,  commonly  called  the  statute*  of 
“ quia  emptores  terrarum,;”  or  any  other  statute,  act,  ordinance,  use,  law, 
custom  or  any  other  matter,  cause  or  thing  heretofore  published,  <>r  pro- 
vided to  the  contrary,  in  any  wise  notwithstanding. 

13th.  And  because  many  persons  born,  or  inhabiting  in  the  said  pro- 
vince for  their  deserts  and  services,  may  expect  and  be  capable  of  marks 
of  honor  and  favor,  which,  in  respect  of  the  great  distance,  cannot  be 
conveniently  conferred  by  us;  our  will  and  pleasure  therefore  is,  and  we 
do  bv  these  presents,  give  and  grant  unto  the  said  Edward  Earl  of  Cla- 
rendon, George  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord 
Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berk- 
ley, and  Sir  John  Colleton,  their  heirs  and  assigns,  full  power  and 
authority,  to  give  and  confer,  unto  and  upon,  such  of  the  inhabitants  of 
the  said  province,  as  they  shall  think  do  or  shall  merit  the  same,  such 
marks  of  favour  and  titles  of  honour  as  they  shall  think  fit,  so  as  these 
titles  of  honour  be  not  tin*  same  as  are  enjoyed  by,  or  conferred  upon  any 
the  subjects  of  this  our  kingdom  of  England. 

14th.  And  further  also,  we  do  by  these  presents,  for  us,  our  heii-s  and 
successors,  give  and  grant  license  to  them,  the  said  Edward  Earl  of  Cla- 
rendon, George  Duke  of  Albemarle,  W illiam  Lord  Craven,  John  Lord 
Berklev,  Anthom  Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berk- 


*18  Ed.  1.  West.  8 c.  1 p.  45. 


COLONIAL  RECORDS. 


.‘50 


lev,  and  Sir  John  Colleton,  their  heir-  and  assigns,  full  power,  liberty 
and  license  to  erect,  raise  and  build  within  the  said  province  and  places 
aforesaid,  or  any  part  or  parts  thereof,  such  and  so  many  forts,  fortresses, 
castles,  cities,  boroughs,  towns,  villages  and  other  fortifications  whatsoever, 
and  the  same  or  any  of  them  to  fortify  and  furnish  with  ordinance,  pow- 
der, shot,  armory,  and  all  other  weapons,  ammunition,  habilements  of 
war,  both  offensive  and  defensive,  as  shall  be  thought  fit  and  convenient 
for  the  safety  and  welfare  of  the  said  province  and  places,  or  any  part 
thereof,  and  the  same,  or  any  of  them  from  time  to  time,  as  occasion  shall 
require,  to  dismantle,  disfurnish,  demolish  and  pull  down,  and  also  to 
place,  constitute  and  appoint  in  and  over  all  or  any  of  the  castles,  forts, 
fortifications,  cities,  towns  and  places  aforesaid,  governors,  deputy  gover- 
nors, magistrates,  sheriffs  and  other  officers,  civil  and  military,  as  to  them 
shall  seem  meet,  and  to  the  said  cities,  boroughs,  towns,  villages,  or  any 
other  place  or  places  within  the  said  province,  to  grant  “letters  or  char- 
ters of  incorporation,”  with  all  liberties,  franchises  and  priviledges,  requi- 
site and  usefull,  or  to  or  within  any  corporations,  within  this  our  king- 
dom of  England,  granted  or  belonging;  and  in  the  same  cities,  boroughs, 
towns,  and  other  places,  to  constitute,  erect  and  appoint  such  and  so  many 
markets,  marts  and  fairs,  as  shall  in  that  behalf  be  thought  fit  and  neces- 
sary; and  further  also  to  erect  and  make  in  the  province  aforesaid,  nr 
any  part  thereof,  so  many  manners  as  to  them  shall  seem  meet  and  con- 
venient, and  in  every  of  the  said  manners  to  have  and  to  hold  a court 
baron,  with  all  things  whatsoever  which  to  a court  baron  do  belong,  and 
to  have  and  to  hold  views  of  “frank  pledge”  and  “court  leet,”  for  the 
conservation  of  the  peace  and  better  government  of  those  parts,  within 
such  limits,  jurisdictions  and  precincts,  as  by  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William 
Berkley,  and  Sir  John  Colleton,  or  their  heirs,  shall  be  appointed  for  that 
purpose,  with  all  things  whatsoever,  which  to  a court  leet,  or  view  of 
frank  pledge  do  belong,  the  said  court  to  be  holden  by  stewards,  to  be 
deputed  and  authorized  by  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  An- 
thony Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir 
John  Colleton,  or  their  heirs,  or  by  the  lords  of  other  manners  and  leets, 
for  the  time  being,  when  the  same  shall  be  erected. 

loth.  And  because  that  in  so  remote  a country,  and  scituate  among  so 
many  barbarous  nations,  and  the  invasions  as  well  of  salvages  as  of  other 
enemies,  pirates  and  robbers,  may  probably  be  feared ; therefore  we  have 


COLONIAL  RECORDS. 


:\\ 


given,  and  for  us,  our  heirs  and  successors,  do  give  power,  by  these  pres- 
ents, unto  the  said  Edward,  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ash- 
ley, Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton, 
their  heirs  and  assigns,  by  themselves,  or  their  captains,  or  other  their 
officers,  to  levy,  muster  and  train  all  sorts  of  men,  of  what  condition  or 
wheresoever  born,  in  the  said  province  for  the  time  being,  and  to  make 
war  and  pursue  the  enemies  aforesaid,  as  well  by  sea  as  by  land,  yea,  even 
without  the  limits  of  the  said  province,  and  by  God’s  assistance  to  van- 
quish and  take  them,  and  being  taken  to  put  them  to  death  by  (lie  law 
of  war,  or  to  save  them  at  their  pleasure;  and  to  do  all  and  every  other 
thing,  which  unto  the  charge  of  a captain  general  of  an  army  belongeth, 
or  hath  accustomed  to  belong,  as  fully  and  freely  as  any  captain  general 
of  an  army  hath  or  ever  had  the  same, 

16th.  Also  our  will  and  pleasure  is,  and  by  this  our  charter  we  give 
unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs 
and  assigns,  full  power,  liberty  and  authority,  in  ease  of  rebellion,  tumult 
or  sedition,  (if  any  should  happen,)  which  God  forbid,  either  upon  the 
land  within  the  province  aforesaid,  or  upon  the  main  sea,  in  making  a 
voyage  thither,  or  returning  from  thence,  by  him  or  themselves,  their 
captains,  deputies  and  officers,  to  be  authorized  under  his  or  their  seals 
for  that  purpose,  to  whom  also,  for  us,  our  heirs  and  successors,  we  do 
give  and  grant  by  these  presents,  full  power  and  authority,  to  exercise 
martial  law  against  mutinous  and  seditious  persons  of  those  parts,  such 
as  shall  refuse  to  submit  themselves  to  their  government,  or  shall  refuse 
to  serve  in  the  wars,  or  shall  Hy  to  the  enemy,  or  forsake  their  colours  or 
ensigns,  or  be  lovterers  or  straglers,  or  otherwise  howsoever  offending 
against  law,  custom  or  discipline  military,  as  freely  and  in  as  ample  man- 
ner and  form  as  any  captain  general  of  an  army  by  vertue  of  his  office, 
might  or  hath  accustomed  to  use  the  same. 

17th.  And  our  further  pleasure  is,  and  by  these  presents,  for  us,  our 
heirs  and  successors,  we  do  grant  unto  the  said  Edward  Earl  of  Claren- 
don, George  Duke  of  Albemarle,  W illiam  Lord  Craven,  John  Lord 
Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berk- 
ley, and  Sir  John  Colleton,  their  heirs  and  assigns,  and  to  all  the  tenants 
and  inhabitants  of  the  said  province  of  Carolina,  both  present  and  to 
come,  and  to  every  of  them,  that  the  said  province  and  the  tenants  and 
inhabitants  thereof,  shall  not  from  henceforth  be  held  or  reputed  a mem- 


COLONIAL  RECORDS. 


her  or  part  of  any  colony  whatsoever  in  America,  or  elsewhere,  now 
transported  or  made,  or  hereafter  to  he  transported  or  made;  nor  shall  !><• 
depending  on,  or  subject  to  their  government  in  any  thing,  hut  he  abso- 
lutely seperated  and  divided  from  the  same;  and  our  pleasure  is,  by  these 
pres(‘nts,  that  they  be  seperated,  and  that  they  he  subject  immediately  to 
our  crown  of  England,  as  depending  thereof  forever;  and  that  the 
inhabitants  of  the  said  Province,  nor  any  of  them,  shall  al  any  time 
hereafter  be  compelled  or  compellable,  or  be  anv  wavs  subject  or  liable 
to  appear  or  answer  to  any  matter,  suit,  cause  or  plaint  whatsoever,  out 
of  the  Province  aforesaid,  in  any  other  of  our  islands,  colonies  or  domin- 
ions in  America,  or  elsewhere,  other  than  in  our  realm  of  England,  and 
dominion  of  Wales. 

18th.  And  because  it  may  happen  that  some  of  the  people  and  inhab- 
itants of  the  said  province,  cannot  in  their  private  opinions,  conform  to 
the  publiek  exercise  of  religion,  according  to  the  liturgy,  form  and  cere- 
monies of  the  church  of  England,  or  take  and  subscribe  the  oaths  and 
articles,  made  and  established  in  that  behalf,  and  for  that  the  same,  by 
reason  of  the  remote  distances  of  these  places,  will,  we  hope  be  no  breach 
of  the  unity  and  uniformity  established  in  this  nation,  our  will  and 
pleasure  therefore  is,  and  we  do  by  these  presents,  for  us,  our  heirs  and 
successors,  give  and  grant  unto  the  said  Edward  Earl  of  ( 'larendon, 
George  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley, 
Anthony  Lord  Ashlev,  Sir  George  Carteret,  Sir  William  Berkley,  and 
Sir  John  Colleton,  their  heirs  and  assigns,  full  and  free  license,  lilierty 
and  authority,  bv  such  legal  ways  and  means  as  they  shall  think  fit,  to 
give  and  grant  unto  such  person  or  persons,  inhabiting  and  being  within 
the,  said  province,  or  any  part  thereof,  who  really  in  their  judgments,  and 
for  conscience  sake,  cannot  or  shall  not  conform  to  the  said  liturgy  and 
ceremonies,  and  take  and  subscribe  the  oaths  and  articles  aforesaid,  or 
any  of  them,  such  indulgencies  and  dispensations  in  that  behalf,  for  and 
during  such  time  and  times,  and  with  such  limitations  and  restrictions  as 
they,  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs 
or  assigns,  shall  in  their  discretion  think  ft  and  reasonable;  and  with 
this  express  proviso,  and  limitation  also,  that  such  person  and  persons, 
to  whom  such  indulgencies  and  dispensations  shall  be  granted  as  afore- 
said, do  and  shall  from  time  to  time  declare  and  continue,  all  fidelity, 
loyalty  and  obedience  to  us,  our  heirs  and  successors,  and  be  subject  ami 
obedient  to  all  other  the  laws,  ordinances,  and  constitution-  of  the  said 


COLONIAL  RECORDS. 


33 


province,  in  all  matters  whatsoever,  as  well  ecclesiastical  as  civil,  and  do 
not  in  any  wise  disturb  the  peace  and  safety  thereof,  or  scandalize  or 
reproach  the  said  liturgy,  forms  and  ceremonies,  or  anything  relating 
thereunto,  or  any  person  or  persons  whatsoever,  for  or  in  respect  of  his 
or  their  use  or  exercise  thereof,  or  hi>  or  their  obedience  and  conformity, 
thereunto. 

19th.  And  in  case  it  shall  happen,  that  any  doubts  or  questions  should 
arise,  concerning  the  true  sense  and  understanding  of  any  word,  clause  or 
sentence  contained  in  this  our  present  charter,  we  will,  ordain  and  com- 
mand, that  at  all  times,  and  in  all  things,  such  interpretation  be  made 
thereof,  and  allowed  in  all  and  every  of  our  courts  whatsoever,  as  law- 
fully may  be  adjudged  most  advantageous  and  favourable  to  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord 
Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Car- 
teret, Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs  and 
assigns,  although  express  mention  be  not  made  in  these  presents,  of  the 
true  yearly  value  aud  certainty  of  the  premises,  or  any  part  thereof,  or  of 
any  other  gifts  and  grants  made  by  us,  our  ancestors,  or  predecessors,  to 
them  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ash  lev,  Sir 
George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  or  any 
other  person  or  persons  whatsoever,  or  any  statute,  act,  ordinance,  pro- 
vision, proclamation  or  restraint,  heretofore  had,  made,  published, 
ordained  or  provided,  or  any  other  thing,  cause  or  matter,  whatsoever,  to 
the  contrary  thereof,  in  any  wise  notwithstanding. 

In  Witness,  Arc. 

W itxess  the  King,  at  Westminster,  the  four  and  twentieth  dav  of 
March,  in  the  fifteenth  year  of  our  reign,  (1(163.) 

PER  1PSUM  BEGEM. 


[B.'  P.  K.  O.  Colonial  Entry  Bk.  Vol.  20.  r.  1.] 

Saturday  May  23rd  1663. 

Present 

The  Lord  Duke  of  Albemarle 
My  Lord  Craven 
My  Lord  Berkeley 
Mv  Lord  Ashley 
Mr  Vice  Chamberline 
Sr  .Tno.  Colleton 
3 


34 


COLONIAL  RECORDS. 


Ordered 

1.  That  I /cprevrie  lx*  Ingeneir  A Surveyed  for  Carrolina 

2.  That  he  be  allowed  until  some  other  way  be  found  for  his  subsist- 
anee  twenty  shillings  weekly  to  lx1  paid  him  by  Sir  duo.  Colleton. 

3.  That  Sir  duo.  Colleton  lx-  paid  from  each  respective  Proprvator 
2o£  to  be  bv  him  disburst  as  he  shall  reeeave  ordr  from  the  Major  parte 
of  the  Propryators 

4.  That  there  be  reserved  in  every  sctlenf  for  y*  Propryators  the  quan- 
tity of  20000  Acres  in  such  place  or  places  as  they  or  there  Agents  shall 
see  fitt  to  take  up  & that  the  same  be  bounded  & leved  out  for  them  in 
v®  beginning  of  each  Setlement 

5.  That  in  each  Setlement  the  Court  howses  & howses  for  publique 
meetings  be  setled  on  the  land  A taken  up  A leved  out  for  the  Proprva- 
tors. 

6.  That  mapps  be  printed  of  the  Province  and  some  declaration  drawne 
to  invvte  the  planters  with  the  conditions  before  mentioned  A both 
published. 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  17.  No.  39.] 


SIR  .JOHN  COLLETON  TO  DUKE  OF  ALBEMARLE 
10  JUNE  1663. 


May  it  please  vour  Grace, 

There  are  divers  people  that  desire  to  settle  and  plant  in  His  Maj. 
Province  of  Carolina  under  the  patent  granted  to  your  Grace  and  others 
hut  that  there  is  another  like  to  that  Province  started  by  one  Mr  Mariot, 
steward  to  the  Duke  of  Norfolk  grounded  on  a patent  granted  in  the 
yeare  1629  now  above  thirty  fowre  years  to  Sir  Robert  Heath  and  by  him 
assigned  to  the  Ancestors  of  the  now  Duke  of  Norfolk  wch  patent  relates 
to  certaine  Articles  to  bee  performed  on  the  part  of  Sir  Robert  Heath, 
the  patent  is  recorded  but  the  Articles  appeere  not  in  the  records  but  the 
said  Mr  Mariot  (who  lives  in  Chancery  Lane  at  the  next  door  to  the 
Harrowe)  pretends  he  has  the  patent  and  articles  which  being  in  force 
and  not  declined  or  made  voide  will  certainelv  hinder  that  publique 
worke  which  is  intended  by  the  settlement  and  planting  of  Carolina,  for 
the  persons  that  at  present  designe  thither  expect  liberty  of  conscience 
and  without  that  will  not  goe,  woh  by  the  patent  to  Sr  Robert  Heath  can- 
not bee  granted  them  and  they  cannot  settle  under  the  patent  least  the 


COLONIAL  'RECORDS. 


3o 


other  gentlemen  shall  give  them  trouble  or  disturbance  So  that  there  is 
a necessity  of  the  present  removall  of  that  obstacle  which  is  humblie  left 
to  the  consideracon  of  yor  Grace  and  the  other  noble  persons  concern’d 
Yor  Grace’s  most  humble  servant 

JNO.  COLLETON. 

Cockpitt  10  Junii  1663. 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  17.  No.  39.  1.] 


STATE  OF  THE  CASE  OF  THE  DUKE  OF  NORFOLK’S 
PRETENSIONS  TO  CAROLINA.  [INCLOSED  IN 
SIR  JOHN  COLLETON’S  LETTER  OF 
10  JUNE  1663.] 

The  13th  of  8ber  in  y®  oth  year  of  King  Charles  the  First  was  granted 
to  Sir  Robert  Heath  the  reagion  or  Province  of  Carrol ina  leying  within 
the  latitude  of  31  and  36  inclusive  upon  the  condition  y*  v®  said  Sr  Rob- 
ert Heath  or  his  assignes  plant  y®  sd  Province  according  to  such  Articles 
or  Instructions  as  his  then  Majesty  had  given  him  under  his  sign  Man- 
ned & privie  Signett  signed  by  his  Secretary  of  State  bearing  date  with 
the  grant  aforesd 

M*  Samuel  1 Yassell  had  as  he  pretends  an  Assignem'  from  S'  Robt. 
Heath  for  a tearme  not  yet  expyred  for  y®  lattitude  of  31,  32,  A 33  A 
v®  heires  of  Sr  Richard  Greenefeild  for  y*  remay  neing  part  being  34,  3o 
A 36  who  say  they  never  heard  of  any  pretence  by  Mr  Howard  or  any 
of  his  Ancestors  untill  within  these  three  monthes  neither  hath  Mr  How- 
ard shewn  any  pattent  or  grant  for  y®  same  but  pretends  by  discourse 
abroad  y*  y®  pattent  to  Sr  Robert  Heath  was  taken  in  trust  by  sd  Heath 
for  some  of  his  Ancestors. 

Mr  II  oward  sliewes  no  right  nor  the  Artickles  or  Instructions  by  woh 
he  was  to  plant  although  often  sent  for  by  Mr  Atturney  Gen"  to  Mr  Mer- 
riott  Mr  1 Iowa  riles  Sollissiter. 

Neither  hath  Sr  Robt.  Heath,  M'  Howard  or  any  of  his  Ancestors 
Mr  Rich  Greenefeild  or  Mr  Vassell  or  any  of  their  Assignes  planted 
any  part  of  this  Province  there  being  about  3o  years  past  since  y®  grant 

Several  l persons  have  a desire  to  plant  in  v®  sd  Province  under  the  pat- 
tent  granted  bv  his  now  Maj.  to  my  Lord  High  Chancellor,  v®  Duke  of 
Albemarle  A others  but  refusing  to  plant  under  the  pattent  to  Sir  Robt. 
Heath  A forbare  to  plant  under  the  latter  untill  y®  first  be  made  vovde 


COLONIAL  RECORDS. 


least  when  they  have  planted  they  shall  reeeave  trouble  hv  v1'  first  pattern 
bv  meanes  whereof  the  settlement  of  that  hopeful  1 collony  wilhe  lost.  It 
is  therefore  to  he  humbly  desired  v‘  Iris  Maj.  vvilbe  graciously  pleased  by 
an  Act  of  (’ouneell  to  resume  y*  pattent  to  Sr  Robt.  Heath  A all  Grants 
from  it  because  they  have  not  planted  nor  doe  not  shew  v®  Artickles  or 
Instructions  mentioned  in  sd  pattern  whereby  v*  settleni'  may  goe  forward 
whylst  many  people  have  st rouge  desires  to  it  w°h  will  otherwavse  dve  and 
hardly  be  revvved  againe. 


[Mass.  Hist.  Collections — Third  Series — Vol.  i.,  p.  56.  Keprinted  prom 
Hawks’s  History  of  N.  C.] 


LETTER  FROM  THE  ENGLISH  MEMBERS  OF  THE  CAPE 
FEAR  COMPANY  TO  THE  LORDS  PROPRIETORS. 

From  London,  Auyust,  1668.  A I a Mtetiny  of  Adventurers  about  Cape  Fayre. 

London,  Thursday,  August  the  6th,  1663. 

At  a meeting  of  several  persons,  who  have,  with  several  others  of  New 
England,  subscribed  themselves  as  adventurers  for  the  carrying  on  a plan- 
tation in  Charles  River  on  the  coast  of  Florida. 

1.  Whereas  a paper  in  the  name  of  the  right  honorable  the  Earl  of 
Clarendon,  lord  high  chancellor  of  England,  George,  duke  of  Albemarle, 
and  divers  other  right  honorable  persons,  to  whom  the  whole  coast  of 
Florida  hath  been  lately  granted  by  his  most  excellent  majesty,  hath  been 
sent  down  to  the  said  adventurers,  referring  to  certain  proposals  tendered 
to  their  said  lordships,  as  the  proper  act  and  desires  of  the  said  adven- 
turers, and  being  an  answer  to  the  said  proposals;  the  said  adventurers, 
upon  diligent  inquiry,  not  being  able  to  find  out  who  should  be  the  au- 
thor of  the  said  paper,  do  judge  it  their  duty,  in  all  humbleness,  to  acquaint 
their  lordships  that  they  are  altogether  strangers  to  it,  and  know  nothing 
of  the  delivery  of  it. 

2.  That  upon  consideration,  nevertheless,  of  their  lordships’  said  pa- 
per, and  of  several  concessions,  privileges,  and  immunities  therein  freely 
offered  by  their  lordships  for  the  encouragement  of  the  said  adventurers, 
and  for  the  further  promoting  of  the  said  plantation  of  Charles  River, 
the  said  adventurers  cannot  but  acknowledge  the  greatness  of  the  favor 


COLONIAL  RECORDS. 


37 


and  condescension  of  their  said  lordships  to  them,  upon  the  confidence 
and  assurance  of  which  they  crave  leave  further  to  represent  to  their 
lordships — 

3.  That  as  they  were  invited  at  first  to  be  subscribers  to  the  said  plan- 
tation of  Charles  River,  by  several  persons  of  New  England,  so  the 
great  motive  that  did  principally  induce  them  to  the  said  subscription  was 
the  liquid  and  clear  assurance  that  was  given  them,  that  the  said  New 
Englanders,  had  an  equitable  title  to  the  harbor  and  soil  of  the  said  river, 
together  with  the  lands  adjacent ; and  that  though  many  others  of  quality 
had  long  before  indeed  sailed  upon  the  coast  of  Forida,  and  had  set- 
tled and  taken  possession  of  some  other  part  of  that  large  and  vast 
country,  yet  that  the  said  New  Englanders,  and  they  only,  were  the  first 
that  did  ever,  bona  fide,  set  toot  in  that  particular  harbor,  and  that  did 
find  out  the  entrance  and  discovery  of  the  said  river. 

Which  thing,  as  it  hath  been  confidently  represented  from  these  of 
New  England  unto  the  said  adventurers  here,  so,  upon  the  very  ground 
of  that  as  a truth,  as  also  of  the  general  custom  in  that  and  other  plan- 
tations (as  well  Dutch  and  French  as  English),  that  all  that  buy  lands 
of  the  chief  kings  in  those  places  (who  only  challenge  to  themselves  the 
having  a right  to  the  sale  of  them),  shall  enjoy  the  absolute  benefit  and 
property  of  them  against  all  persons,  English  or  others;  the  said  New 
Englanders  having  purchased  the  said  river  and  soil,  and  lands  adjacent, 
of  the  said  kings,  did  so  far  presume  upon  the  interest  of  the  said  pur- 
chase, together  with  the  said  discovery,  a>  to  give  directions  to  several  of 
their  friends  here  immediately  to  apply  to  his  majesty  for  a patent  for 
the  said  river  and  soil,  as  belonging  (according  to  their  apprehension)  of 
right  to  them,  and  as  no  way  doubting  the  obtaining  thereof,  a>  may  ap- 
pear bv  the  copy  of  their  said  letter  hither. 

4.  The  said  adventurers  further  humbly  represent.  That  as  upon  these 
grounds,  and  these  only,  thev  became  invited  to  share  in  the  adventures 
of  those  in  New  England,  and  to  east  in  at  first  a small  sum  for  an  as- 
sistance or  supply  to  the  said  undertaking;  <o,  forasmuch  as  the  said  ad- 
venturers here  do  act  but  as  a minor  part  of  those  other  adventurers  there, 
and  as  whollv  intrusted  also  from  those  there,  they  find  not  themselves 
qualified  or  enabled  to  do  any  thing  therefore  here  that  may  prejudice  or 
conclude  the  other  adventurers  there,  in  that  w hich  may  be  their  just  pre- 
tension or  supposition  of  a right,  how  weak  or  how  much  mistaken 
soever  the  ground  of  that  right  may  possibly  appear,  which  they  deter- 
mine not. 


COLONIAL  RECORDS. 


lix 


The  said  adventurers  further  humbly  represent — 

5.  That  there  cannot  lx*  any  easy  encouragement  for  the  planting  of 
(he  lands  of  the  said  Charles  River  immediately  from  hence,  bv  reason 
of  the  excessive  and  insupportable  charge  that  would  attend  such  an  un- 
dertaking of  transporting  and  supplying  all  things  necessary  for  the  said 
plantation,  at  so  great  and  so  extraordinary  a distance;  that  as  the  under- 
taking, therefore,  of  the  said  plantation,  and  vigorous  prosecution  of  it 
with  men,  cattle,  and  all  other  provisions  as  shall  be  judged  necessarv  for 
the  accomplishing  and  completing  so  great  an  engagement  and  action, 
must  rationally  be  begun  in,  and  set  forth  from,  some  other  of  the  plan- 
tations abroad;  so  none  is  humbly  conceived  to  be  so  lit  to  supply  all 
those  necessaries  in  abundance  at  first,  and  to  do  it  at  so  easy  a rate,  as 
that  of  New  England  is. 

But  forasmuch  as  all  the  English  living  in  the  several  colonies  of  New 
England  have  ever  held  and  enjoyed  the  benefits  granted  to  other  corpo- 
rations, and  have  ever  had,  as  well  as  some  other  plantations,  full  liberty 
to  choose  their  own  governors  among  themselves,  to  make  and  confirm 
laws  with  themselves,  with  immunity  also  wholly  from  all  taxes,  charges, 
and  impositions,  whatsoever,  more  than  what  is  laid  upon  themselves  by 
themselves;  it  is  therefore  the  humble  opinion  of  the  said  adventurers,  and 
(as  what  they  fear)  is  humbly  tendered  to  the  considerations  of  their  lord- 
ships — 

That  the  said  several  adventurers  in  New  England,  who  have  some  of 
them  considerable  interests  and  estates  there,  how  much  soever  they  have 
declared  their  willingness,  forwardness,  and  resolution  to  transport  and 
remove  themselves  and  their  respective  families  unto  the  said  Charles 
River,  and  to  settle  there,  will  nevertheless  decline  the  said  resolution 
again ; and  will  not,  by  any  arguments  that  may  be  used  by  the  said  ad- 
venturers here,  be  induced  to  unsettle  themselves,  and  to  run  all  the  haz- 
ards that  must  be  considered  in  such  doubtful  undertakings;  nor,  if  will- 
ing, will  be  able  to  persuade  others  to  join  with  them  there,  if  they  shall 
hear,  or  be  acquainted  beforehand,  that  no  one  of  the  said  privileges  !«*- 
fore  mentioned,  and  which  have  hitherto  always  been  enjoyed  by  them, 
are  like  to  be  allowed  or  preserved  entire  to  them. 

The  said  adventurers  do  further  represent,  that  at  the  present  the  un- 
dertaking of  the  plantation  of  the  said  Charles  River  lieth  under  some 
obloquy,  that  hath  given  a check  to  it;  some  that  were  sent  from  New 
England  thither,  in  order  to  the  carrying  on  the  said  settlement,  being 
come  back  again  without  so  much  as  sitting  down  upon  it;  and  for  the 
better  justification  of  themselves  in  their  return,  have  spread  a reproach 


COLONIAL  RECORDS. 


39 


both  upon  the  harbor  and  upon  the  soil  of  the  river  itself;  which  check, 
if  now  also  seconded  with  a discouragement  from  hence,  in  reference  t<> 
their  government,  or  with  an  intimation  that  they  may  not  expect  in 
the  same  river  the  same  usual  and  accustomed  privileges,  that  all  the  said 
colonies  of  New  England,  with  other  colonies,  have  ever  had,  it  is  hum- 
bly feared  that  all  thoughts  of  further  proceeding  in  the  said  river  will 
be  wholly  laid  aside  by  them. 

Wherefore,  inasmuch  as  the  said  adventurers  here  have  only  power  to 
return  back  to  those  of  New  England  what  they  shall  receive  as  the  pleas- 
ure of  those  right  honorable  persons  that  are  the  lords  patentees;  foras- 
much, also,  as  from  the  several  discourses  had  and  favors  already  received, 
the  said  adventurers  here  cannot  but  have  a strong  confidence  of  their 
lordships’  inclination  and  propenseness  to  give  all  just  and  possible  en- 
couragement to  undertakings,  so  public  as  all  things  of  this  nature  are; 
the  said  adventurers  could  not  find  any  way  better  how  to  discharge  tin* 
faithfulness  of  that  duty  and  respect  which  becomes  them  to  demonstrate 
towards  their  lordships,  than  thus  candidly  and  sincerely  to  state  to  their 
lordships  the  nature  of  their  adventure,  partnership,  and  subscription 
with  others,  the  nature  also  of  their  dependence  on  others,  as  being  but  a 
minor  part  to  them  of  New  England,  and  as  having  their  discretions  here 
intrusted,  at  furthest,  no  further  than  for  tin'  obtaining  and  securing 
such  things,  too,  for  them  of  New  England,  as  are  pursuant  to  the  direc- 
tions sent  hither  from  them,  and  as  they  here  shall  judge  may  most  tend 
to  a satisfactory  and  lasting  encouragement  to  them. 


[B.  K.  ().  Col:  Knt:  Book.  No.  20.  r.  10-1 


PROPOSEALLS  OF  SEN' ER  A EL  GENTLEMEN  OF  BARBA- 
DOES  AUGUST  THIS  12th  1(163. 

Several  I gentlemen  and  persons  of  good  quality  in  this  Island  being 
very  sensible  of  the  great  1<>s~  and  sad  disappointment  that  might 
redownd  to  the  English  nation  in  Generali  as  well  as  to  many  particular 
persons  v*  ingaiged  and  intended  to  ingaige  in  the  settlement  of  an  Eng- 
ligli  plantation  in  that  goodly  land  of  Florida  by  the  eivill  report  bruited 
thereof,  bv  those  sent  from  new  England  to  setle  at  (’ape  Faire  contrary 
to  what  Mr  William  Hinton  and  the  rest  with  him  sent  to  discover  that 
coast  did  and  doe  affirme  thereof,  and  having  greate  confidence  in  the  said 


10 


COLONIAL  RECORDS. 


Hinton's  tidellitv  and  honest  indeavowrs  therein,  have  out  of  an  earnest 
desire  and  confident  persuasion  of  a happy  settlement  for  our  English 
nation  in  those  parts,  now  againe  hired  and  sent  the  above  said  Mr  Hin- 
ton with  his  ship  adventure  and  twenty  two  men  well  fitted  ami  victu- 
alled  for  7.  months  for  discovery  of  that  coast  southwards  from  ('ape 
Faire  as  far  as  <31.  degrees  north  latitude:  in  which  design  of  discovery 
there  are  and  will  be  above  2 hundred  gentlemen  and  amongst  them 
many  persons  of  good  quallity  in  this  Island,  whoe  are  and  wilbe  at  a 
considerable  charge  therein. 

The  said  Adventures  doe  earnestly  with  all  Humillity  desire  and 
request  that  those  Noble  undertakers  whoe  have  lately  obtayned  a charter 
of  the  Province  of  Carrolina  from  his  Royal  1 Majt,e  wilbe  pleased  with  as 
much  convenient  speede  as  may  be  to  send  them  an  examplification  of 
there  said  Charter  under  the  broade  seale  of  England  fully  recited;  and 
togeather  therewith  and  by  vertew  of  the  said  charter  to  impower  and 
authorize  the  aforesaid  Adventurers  or  such  of  them  as  the  said  Grantees 
shall  judge  fitt  to  nominate  togeather  with  the  rest  of  there  Assotiates 
and  freinds,  them  there  heires  and  assignes  to  take  up  and  purchase  of 
the  natives  such  certine  tract  or  tracts  of  Lands  as  they  and  such  as  they 
shall  send  theither  to  setle  may  or  shall  finde  fitt  for  the  accommodation 
of  themselves  and  of  there  freinds  there,  in  the  forme  and  manner  of  a 
County  or  Corporation,  not  exceeding  or  about  the  quantity  of  thirty  or 
thirty  two  myles  square,  or  one  thousand  square  mvles  which  they  desire 
may  be  called  the  Corporation  of  the  Barbados  Adventures,  and  that  the 
said  tract  or  tracts  of  land,  County  or  Corporation,  they  desire  may  be 
granted  and  confirmed  to  them  and  there  Assotiates,  and  to  theire  heires 
and  assignes  for  eaver,  in  full,  free  and  ample  manner  and  with  the  same 
power,  priv Hedges,  jurisdictions  and  Immunityes  as  the  aforesaid  Prov- 
ince is  granted  to  them  by  hi-  Majestic.  And  if  any  more  or  other  rents, 
acknowledgements  or  services  be  or  shalbe  desired,  expected  or  required 
then  the  proportion  of  what  is  by  them  the  said  pattentes  or  first  under- 
takers to  be  paid  and  allowed  to  his  Majestie  it  may  be  by  them  asser- 
tined  and  expreslv  set  dovvne  in  there  said  Graunte  to  these  said  Barba- 
dos Adventures,  before  they  shalbe  at  further  Cost,  Charge  or  troble  to 
setle  it  which  tiny  desire  to  know  as  soon  as  may  be  for  that  heare  are 
many  hundreds  of  noble  famillves  and  well  experienced  planters  that  arc' 
willing  and  ready  to  remove  spedilv  theither  to  begin  a setlement  as  afore- 
said and  to  beare  the  brunt  thereof,  if  they  shall  receave  such  ineorrage- 
ment  as  is  expected  as  aforesaid  from  soe  noble  and  worthy  undertakers 
as  we  do  understand  are  concerned  as  principalis  in  said  Charter  which 


COLONIAL  RECORDS. 


-II 


privi lodges  and  incorragements  they  are  the  rather  boald  to  expect  Adven- 
tures not  onelv  for  there  vigorous  and  ready  appearing  to  promote  the 
further  discovery  and  hopeful  setlemeut  there  of  at  such  a time  as  this, 
when  soe  greate  a cloude  of  obscurity  was  cast  upon  it  but  alsoe  from  the 
aptness  of  the  people  heare  and  persons  heare  ingaged  to  further  such  a 
work  as  well  for  there  experienced  planters  as  for  the  number  of  there 
Negros  and  other  servants  fitt  for  such  labor  as  wilbe  there  required,  and 
doe  alsoe  find  the  less  cause  to  doubt  of  the  desired  trust  to  be  reposed 
in  them,  in  regard  many  of  there  number  consists  of  persons  of  good 
(juallity  fitt  to  manage  the  Government  of  soe  considerable  a corporation, 
whoe  with  there  freinds  and  associates  doe  desire  to  expect  to  have  the 
sole  power  of  electing  all  del  ligates,  Governors  and  officers,  and  making 
Lawes,  and  goverening  amongst  themselves  according  to  the  tenor  and 
Privi ledges  of  the  said  Graunte  or  charter  from  his  Majestic,  which  if 
granted  soe,  as  to  incorrage  such  a free  and  noble  setlemeut  as  they  bo- 
lei  ve  and  hope  is  aymed  at;  will  much  promote  the  good  and  seedy 
setlemeut  of  many  other  very  considerable  corporations  within  the  Ter- 
ritory and  Dominions  of  the  aforesaid  Province. 

That  alsoe  desire  that  a Proclamation  may  be  procured  from  the  Kinge 
directed  to  all  Governors  in  these  his  Majestic’s  plantations,  requiring 
them  not  to  hinder  any  free  and  uningaiged  persons  from  going  theither 
to  setle  upon  any  frivilus  pretences  whatsoever : but  rather  to  further 
the  good  and  speedy  settlement  thereof  that  possible  may  be  in  order 
whereunto ; and  that  those  noble  persons  to  whom  the  ( ’barter  is  graunted 
may  the  better  know  whome  to  appoynt  and  nominate  as  Prime  Adven- 
turers and  undertakers  of  the  before  mentioned  corporation,  the  said 
Adventurers  doe  intend  bv  the  next  to  send  a list  of  such  persons  names 
as  have  already  subscribed  and  of  the  committe  by  them  ehoasen  to 
manage  affaires  heare  for  this  veare  and  untill  some  shalbe  sent  theither 
to  performe  the  same  upon  the  place  unless  the  said  undertakers  in  Eng- 
land shall  please  to  leave  in  blancke  the  place  for  the  said  Committe; 
to  put  in  such  persons  names  as  they  shall  judge  most  fitt  and  find  will- 
ing to  goe  speedily  theither  to  begin  the  said  settlement  there. 

My  Lord, 

We  humbly  advize  you  will  be  pleased  to  appoynt  some  persons 
with  your  Instructions  to  treate  with  them  on  there  proposealls,  and 
wee  conceave  to  bringe  them  to  accept  of  by  Lawes  onelv  in  steede 
of  Generali  Laws,  which  they  desire  to  have  power  to  make  it  being  fitt 
the  whole  Country  should  make  the  Generali  Lawes  and  that  the  Gov- 
ernors thev  meaneto  choose  should  bee  only  such  as  in  the  Citty  of  Exon 


COLONIAL  RECORDS. 


12 


vizi:  Mayors,  Aldermen,  Sheri  fes,  ('unstables,  and  the  like,  this  wee 
ooneeave  may  sattisfie  them,  otherwayse  they  wilbe  disturbed  in  Govern- 
ment which  may  cause 

Your  humble  servants 

THO:  MODYFORD 
P:  COLLETON. 


| R.  P.  R.  O.  Shaftesbury  Papers.  Rule.  ts.  No.  2.1 


AT  THE  COURT  AT  WHITEHALL 

The  12th  Day  of  August  1663. 

His  Matie  this  day  taking  into  consideration  the  State  and  present 
Condition  of  the  Province  or  Region  called  Carolina  in  America  and  his 
Grant  of  the  same  by  his  letters  Patents  under  the  Great  Seale  of  Eng- 
land to  the  Right  Honoble  the  Lord  High  Chancellor  of  England,  George 
Duke  of  Albemarle  William  Lord  Craven  John  Lord  Berkeley  Anthony 
Lord  Ashley  Chancellor  of  the  Excheqr  Sr  George  Carteret  Knt  Vice 
Chamberlain  of  his  Mat,e  househould  Sr  William  Berkeley  and  Sr  John 
Colladon  Knts.  And  upon  Information  that  all  pretendors  to  former 
Grants  of  the  said  Province  haveing  been  sumoned  (according  to  former 
orders  of  this  Board)  to  bring  or  send  to  his  Matle  Attorney  Generali  such 
letters  patents  writings,  or  other  Evidences  as  they  or  any  of  them  had 
setting  forth  their  pretended  titles  thereunto,  vet  none  of  them  have 
appeared  or  discovered  any  such  pretensions,  or  Claymes.  And  for  as 
much  as  no  English  whatsoever  have,  by  vertue  of  any  such  Grants 
hitherto  planters  in  the  said  Province,  bv  which  neglect  such  Letters 
patents  (if  any  were)  are  become  vovd:  His  Matie  by  and  with  tin- 

advice  of  his  Councell  doth  Order  and  it  is  hereby  Ordered:  / That  his 
Ma4'68  said  Attorney  Generali  forthwith  proceed  (either  by  Inquisition  or 
by  scire  facial  in  the  revoking  all  former  Letters  pattents  and  Grants  of 
the.  said  Province,  or  any  other  legall  way  whereby  to  make  and  declare 
them  vovd.  And  that  from  henoeforthards,  when  any  like  Grant  of  any 
Sovereigne  plantation  shall  be  prepared  to  passe  his  Matie8  Great  Seale. 
A Clause  be  inserted.  That  if  within  a certain  number  of  yeares  no 
plantation  be  made  and  performed  the  said  Grants  shall  become  void. 
And  it  is  further  Ordered,  that  the  said  Lord  Chancellor.  Duke  of  Albe- 
marle: and  other  the  before  named  patentees  do  proceed  in  the  planting 


COLONIAL  RECORDS. 


I 


of*  the  said  Province  of  Carolina, jand  that  in  Order  thereunto,  they  receive 
all  Countenance  favours  and  protections  from  this  Board  and  that  from 
hence  forwards  no  person  or  persons  whatsoever  do  presume  to  goe  into 
the  said  province  or  molest  or  disturbe  the  said  Grantees  or  any  Persons 
by  them  or  any  of  them  trusted  or  employed  upon  pretence  of  any  former 
Grant  whatsoever,  as  they  or  any  of  them  do  render  this  his  Matie  Co- 
mand,  and  will  answer  the  contrary  at  their  perills. 

CLARENDON.  C 

T.  SOUTHAMPTON  ALBEMARLE 

ST  ALBAN 

BERKSHIRE  SANDW I CH  BA  T H E 

GILB:  LONDON  THO  WENTWORTH 

MIDDLETON 

CHA:  BERKELEY  W COMPTON 

WILL  MORICE  HENRY  BENNETT 


RICHARD  BROWNE. 


[Rivers’  Historical  Sketches  ok  South  Carolina.  Appendix,  p.  33o. 
Reprinted  from  Hawks’s  History  of  N.  C.] 


A DECLARATION  AND  PROPOSALS  TO  ALL  THAT  WILL 
PLANT  IN  CAROLINA. 


25  Aug.,  1663. 

His  majesty  having  been  graciously  pleased,  by  his  charter  bearing 
date  the  24tli  of  March,  in  the  loth  vear  of  his  reign,  out  of  a pious  and 
good  intention  for  the  propagation  of  the  Christian  faith  amongst  the 
barbarous  and  ignorant  Indians,  the  enlargement  of  bis  empire  and 
dominions,  and  enriching  of  his  subjects,  to  grant  and  confirm  to  us, 
Edward,  earl  of  Clarendon,  high  chancellor  of  England,  George,  d like 
of  Albemarle,  master  of  bis  majesty’s  horse  and  captain-general  of  all 
his  forces,  William,  Lord  Craven,  John,  Lord  Berkeley,  Anthony,  Lord 
Ashley,  chancellor  of  his  majesty’s  exchequer,  Sir  George  Carteret,  knight 
and  baronet,  viee-ohamherlain  of  bis  majesty’s  household,  William  Berk- 
ley, knight,  and  Sir  John  Colleton,  knight  and  baronet,  all  that  territory 
or  tract  of  ground  with  the  islands  and  islets  situate,  lying,  and  being  in 


44 


COLONIAL  RECORDS. 


Lis  dominions  in  America,  extending  from  the  north  end  of  the  island 
called  Lucke  Island,  which  lieth  in  the  Southern  Virginia  sea,  and  within 
36  degrees  of  the  northern  latitude,  and  to  the  west  as  far  as  the  South 
seas,  and  so  southwardly  as  far  as  the  river  St.  Matthias,  which  border- 

cth  upon  the  coast  of  Florida,  and  within degrees  of  the  northern 

latitude;  in  pursuance  of  which  grant,  and  with  a clear  and  good  inten- 
tion to  make  those  parts  useful  and  advantageous  to  his  majesty  and  his 
people  : we  do  hereby  declare  and  propose1  to  all  his  majesty’s  loving  sub- 
jects wheresoever  abiding  or  residing,  and  do  hereby  engage  inviolably 
to  perform  and  make  good  these  ensuing  proposals  in  such  manner  as  the 
first  undertakers  of  the  first  settlement  shall  reasonably  desire. 

1.  If  the  first  colony  will  settle  on  Charles  River  near  Cape  Fear, 
which  seems  to  be  desired,  it  shall  be  free  tor  them  so  to  do  on  the  lar- 
board side  entering  [south  side].  If  in  any  other  part  of  the  territory, 
then  to  choose  either  side,  if  by  a river;  we  reserving  to  ourselves  twenty 
thousand  acres  of  land,  to  be  bounded  and  laid  out  by  our  agents  in  each 
settlement,  in  such  places  as  they  shall  see  fit,  and  in  such  manner  that 
the  colony  shall  not  be  thereby  incommoded  or  weakened;  which  we 
intend  bv  our  agents  or  assignees  in  due  time  to  settle  and  plant,  they 
submitting  to  the  government  of  that  colony. 

2.  That  the  first  colony  may  have  power,  when  desired,  at  their  own 
charge  to  fortify  the  entrance  of  the  river,  as  also  the  sea-coast  and 
island;  they  engaging  to  be  true  and  faithful  to  his  majesty,  his  heirs 
and  successors,  by  some  oath  or  engagement  of  their  own  framing. 

3.  That  the  undertakers  of  that  settlement  do,  before  they  or  any  of 
them  repair  thither  to  settle,  present  to  us  thirteen  persons  of  those  that 
intend  to  go,  of  which  number  we  shall  commissionate  one  to  be  Gov- 
ernor, for  three  years  from  the  date  of  his  commission,  and  six  more  of 
the  thirteen  to  be  of  his  council,  the  major  part  of  which  number,  the 
Governor  or  his  deputy  to  be  one,  to  govern  for  the  time  aforesaid ; and 
will  also  nominate  successors  to  the  Governor,  who  shall  be  of  the  six 
councillors  aforesaid,  to  succeed  in  the  government,  in  case  of  death  or 
removal ; and  likewise  councillors  out  of  the  remaining  six  of  the  thirteen 
to  succeed  in  case  of  death  or  removal  of  any  of  the  councillors,  and  after 
the  expiration  of  the  first  three  years,  and  so  successively  for  every  three 
years.  Upon  or  before  the  2oth  day  of  March,  before  the  expiration  of 
the  time  of  the  Governor  in,  being  a new  presentment  by  the  freeholders 
of  the  colony,  or  by  such  persons  as  they  shall  constitute,  to  be  made  of 
the  thirteen  persons,  four  of  which  shall  consist  of  those  that  shall  be  in 
the  government  at  the  time  of  the  election  of  the  thirteen,  out  of  which 


COLONIAL  RECORDS. 


45 


we  will,  upon  or  before  the  10th  day  of  April  following,  declare  and 
eommissionate  a Governor  and  six  councillors  with  their  respective  suc- 
cessors in  case  and  manner  as  aforesaid. 

4.  W e shall,  as  far  as  our  charter  permits  us,  empower  the  major  part 
of  the  freeholders,  or  their  deputies  or  assembly-men,  to  be  by  them 
chosen  out  of  themselves,  viz. : two  out  of  every  tribe,  division,  or  par- 
ish, in  such  manner  as  shall  be  agreed  on,  to  make  their  own  laws,  by 
and  with  the  advice  and  consent  of  the  Governor  and  council,  so  as  they 
be  not  repugnant  to  the  laws  of  England,  but,  as  near  as  may  be,  agree- 
ing with  them  in  all  civil  affairs,  with  submission  to  a superintendence 
of  a general  council,  to  be  chosen  out  of  every  government  of  the  province, 
in  manner  as  shall  be  agreed  on  for  the  common  defence  of  the  whole; 
which  laws  shall,  within  one  year  after  publication,  be  presented  to  us  to 
receive  our  rat  if  cation,  and  to  be  in  force  until  said  ratification  be  desired 
and  by  us  certified;  but  if  once  ratified,  to  continue  until  repealed  by  the 
same  power,  or  by  time  expired. 

5.  We  will  grant,  in  as  ample  manner  as  the  undertakers  shall  desire, 
freedom  and  liberty  of  conscience  in  all  religious  or  spiritual  things,  and 
to  be  kept  inviolably  with  them,  we  having  power  in  our  charter  so  to  do. 

t>.  We  will  grant  the  full  benefit  of  these  immunities  to  the  undertakers 
and  settlers  which,  by  the  charter,  is  granted  to  us  (tor  our  services  to  his 
majesty)  in  relation  to  freedom  of  customs,  of  tools  of  all  sorts  useful 
there,  to  be  exported  from  England  for  the  planters’  use;  and  of  certain 
growths  of  the  plantations,  as  wine,  oil,  raisins  of  all  sorts,  olives,  capers, 
wax,  currants,  almonds,  and  silks,  to  be  imported  into  any  of  his  majesty’s 
dominions  for  seven  years  for  each  commodity,  after  four  tons  of  every 
respective  species  is  imported  as  aforesaid  in  one  bottom. 

7.  We  will  grant  to  every  present  undertaker  for  his  own  head,  one 
hundred  acres  of  land,  to  him  and  his  heirs  forever,  to  be  held  in  free  and 
common  soccage;  and  for  every  man-servant  that  he  shall  bring  or  send 
thither,  that  is  fit  to  bear  arms,  armed  with  a good  firelock  musket,  per- 
formed bore,  twelve  bullets  to  the  pound,  and  with  twenty  pounds  of 
powder  and  twenty  pounds  of  bullets,  fifty  acres  of  land;  and  for  every 
woman-servant  thirty  acres;  and  to  every  man-servant  that  shall  come 
within  that  time,  ten  acres  after  the  expiration  of  his  time;  and  to  every 
woman-servant  six  acres  after  the  expiration  of  her  time.  Note  that  we 
intend  not  hereby  to  be  obliged  to  give  the  proportions  of  lands  above 
mentioned  to  masters  and  servants,  longer  than  in  the  first  five  years,  to 
commence  at  the  beginning  of  the  first  settlement. 


COLONIAL  RECORDS. 


46 


8.  We  will  enjoin  the  Governor  and  council  to  take  care  that  there  be 
always  one  man  armed  and  provided  as  aforesaid  in  the  colony,  for  ever\ 
fifty  acres  which  we  shall  grant,  and  that  there  he  a supply  to  make  up 
the  number  in  case  of  death  or  quitting  the  colony  by  the  owners  of  said 
lands  within  twelve  months  after  giving  notice  of  the  defect. 

In  consideration  of  the  premises,  we  do  expect  by  way  of  acknowledg- 
ment, and  towards  the  charge  we  have  been  and  shall  be  at,  one  half- 
penny for  every  acre  that  shall  be  granted  as  aforesaid,  within  the  time 
before  limited  and  expressed ; and  that  the  court-houses  and  houses  for 
public  meetings  be  erected  by  the  public  moneys  of  the  colony  on  the 
lands  taken  up  by  us;  but  to  be  and  continue  to  the  country’s  use  forever, 
they  paying  some  small  acknowledgment. 

Given  under  our  hands  this  twenty-fifth  day  of  August,  Anno  Domini, 
1663. 


[B.  P.  R.  O.  Col  : Ent:  Book.  No.  20.  p.  8.] 


LETTER  TO  COL:  THO:  MODYFORD  AND  PETER  COL- 
LETON ESQre 

Cockepit  this  30th  August  1663. 

Sirs, 

Wee  tinde  by  a letter  from  M1'  Richard  Eivans  Mr  John  V assail  and 
others  as  alsoe  by  another  from  you  Coll : Modyford  that  several]  people 
of  Barbados  have  inelynations  to  setle  and  plant  in  some  parte  of  the 
province  of  Carrolina,  whotne  we  desire  by  all  wayse  and  meanes  to  incor- 
rage,  and  that  it  may  a p pea  re  soe,  have  inclosed  sent  you  a declaration 
and  proposealls  under  the  hands  of  ail  those  concerned  that  are  in  towne 
and  those  that  are  not  have  consented  to  it : which  paper  we  desire  you  to 
communicate  to  all  people  that  are  disposed  that  way  and  to  give  what  cop- 
pyes  you  please  to  such  as  shall  desire  them  and  to  send  others  to  the 
Barmothos  New  England  and  where  elee  you  think  fitt  useing  your 
Interest  for  the  propogation  of  this  plantation  and  assurcing  the  people 
that  what  we  propose  shalbe  performed:  in  which  we  resolve  to  Ik-  pun- 
tuall  and  circumspect,  we  are  informed  that  some  ill  willers  to  the  setle- 
ment  upon  Charles  river  neare  Cape  Faire,  have  contrived  the  disorder 
that  hapned  to  those  that  lately  went  theither  before  the  ships  went  from 
New  England  and  that  they  went  not  into  the  branch  of  the  river  in 
that  Hilton  was  in,  but  by  mistake  went  into  another  besides  they  looke 
not  the  proper  time  of  the  yeare,  for  worke;  soe  that  wee  hope  that 


COLONIAL  RECORDS. 


47 


that  miscarrage  will  not  discorrage  your  people;  we  eonceave  it  wilhe 
advantageous  to  the  Kinge,  his  people,  and  more  particularly  to  your  Han- 
ders to  goe  on  with  the  setlement  where  the  avre  as  we  are  informed  won- 
drous healthy  and  temperate,  the  land  proper  to  bare  such  commodvties 
as  are  not  yet  produced  in  the  other  plantations  and  such  as  the  nation 
spend  in  greate  quantities  as  wine,  oyle,  currants,  reason#,  silks  Ac  by 
means  whereof  the  money  of  the  nation  that  goes  out  for  these  things 
wilbe  Keept  in  the  Kinges  Dominions  and  the  planting  part  of  the  peo- 
ple imploy  there  time  in  planting  those  comodyties  that  w ill  not  injure 
nor  overthrow  the  other  plantations  which  may  very  well  happen,  if 
there  be  a very  great  increase  of  sugar  workes  and  more  Tobacco,  Gin- 
ger, Cotton,  and  indicoe  made  then  the  world  will  vent  these  reasons  we 
eonceave  will  convince  the  most  concerned  in  your  Islands  to  promote 
this  worke,  the  proposealls  sent  are  but  heads;  we  conceaving  that  such 
as  shall  undertake,  will  expect  a more  formall  and  large  assurance  from 
us  according  to  there  owne  Methhood ; which  we  shall  willingly  give 
when  they  desire  the  same,  some  people  heare  propose  that  we  should 
make  choyee  of  a Governor  without  there  presenting ; if  your  people 
desire  the  like  it  shall  be  done,  more  freedome  then  this  we  may  not  give  ; 
but  if  any  have  any  other  way  to  propose  that  is  not  loss  to  us  then  this, 
we  may  consent  to  it.  Wee  have  written  to  my  Lord  Willoby  to  coun- 
tenance at  least  not  to  discountenance  your  proceedings  herein,  the  busi- 
ness is  the  Kings  and  nations  service  more  then  our  owne,  the  promo- 
tion whereof  by  you  is  desired  A not  all  doubted  by 

vour 


[R.  P.  R.  O.  Col:  Ent:  Book.  No.  2.  p.  9.] 

A LETTER  TO  MY  LORD  WILLOBY  FROM  THE  DUKE 

OF  ALBEMARLE. 

Cockpit  the  dl  of  August.  1663. 

My  Lord , 

I presume  you  are  not  a stranger  t<>  his  Majestic's  Graunte  of  the 
Province  of  Carrolina  to  my  Lord  Chancellors  mvselfe  and  others,  which 
we  have  undertaken  to  serve  him  and  his  people,  and  not  our  private 
Interest  there  are  some  persons  of  your  Island  of  Barbadoes  that  have 
bv  there  letters  to  me  set  forth  there  desires  of  beginning  of  or  eontribute- 
iug  to  a setleiuent  in  those  parts  which  1 eonceave  will  prove  rather  ad  van - 
tagious  than  other  waves  to  those  under  vour  Government  for  that  setle- 


-IX 


COLONIAL  RECORDS. 


merit  will  devirt  many  people  that  dcsignc  to  plant  from  planting  there 
eommodvties  wliieli  your  plantation  aliounds  in  (of  vvliieh  greater  quan- 
tities lieing  made,  will  sineke  the  maker)  and  put  them  upon  .such  as 
vour  lands  will  not  1 eoneeave  produce,  and  as  the  Kinge  hath  not  yet 
within  his  Terrytories  in  quantity,  although  his  people  consume  much  of 
them  to  the  c\hausl  ing  the  wealth  of  the  kingdomc,  tin1  eommodvties  1 
meane  are  wine,  oyle,  reasons,  currants,  rice,  si  Ike  <&<•;  which  oommody- 
ties  w ill  he  of  good  use  and  advantagious  to  your  parts,  as  well  as  < V>rne 
tneale  flower  heefe  ami  poorke;  which  that  Country  as  I am  well  informed 
from  persons  that  have  planted  in  some  parts  thereof  will  in  short  time 
abound  in:  for  which  reasons  and  being  well  assured  that  you  in  all  your 
actions  ayme  at  the  publieke  good,  I desire  that  your  Lord  will  not  hin- 
der but  incorrage  this  setlement  by  which  1 am  sure  you  will  not  only 
doe  his  Majestie  good  service  but  much  oblige 

Your  Lordship’s  Humble  servant 

My  Lord  Chancellor  is  gon  to  Cornebev  wlme  would  1 believe  have 
joyned  with  me  in  this  desire  if  he  had  beene  in  Towne;  I have  written 
my  Cou/en  Modvford  and  Couzen  Peter  Colleton  to  promote  Carrolina 
Plantation.  I pray  countenance  them  in  it. 


[B.  P.  R.  O.  Col:  Ent : Book.  Vol.  20.  r.  *3.] 


COPPY  OF  A COMMISSION  TO  SIP  WILLIAM  BERKELEY 
TO  CONSTITUTE  AND  COMMISSION  A TE  A 
GOVERNOR  FOR  ALBEMARLE 
RIVER. 

W hereas  his  Majesty  hath  been  graciously  pleased  by  his  Charter 
baring  date  the  24th  day  of  March  in  the  11.  veare  of  his  Reigne  for 
him  his  heims  and  successors  To  give,  grant  and  continue  unto  us  Edward 
Earle  of  Clarendine  Lord  Heigh  Chancellor  of  England  George  Duke 
of  Albemarle  Master  of  his  Majestie’s  horse,  and  Captain  Generali  of 
all  his  forces,  W illiam  Lord  Craven,  John  Lord  Berkeley,  Anthony 
Lord  Ashley  Chancellor  of  his  Majestie’s  Exchequor  Sir  George  Carte- 
rett  Knight  and  Barronet  Vice  Chamberline  of  his  Majestie’s  household, 
Sir  William  Berkeley  knight  and  Sir  John  Colleton  knight  and  Bar- 
ronet our  heires  and  Assignes  for  ever,  all  that  Terrvtorv  or  tract  or 
Ground,  now  called  the  Province  of  Carolina  syttuate,  lyeing  and  being 


COLONIAL  RECORDS. 


49 


within  his  Majestie’s  Dominions  in  America  extending  from  the  north 
end  of  the  Hand  called  Lucke  Island,  which  lyeth  on  the  Sontherne 
Virginia  Seas  and  within  36  degrees  of  the  North ine  Lattitude,  and  to 
the  west  as  farr  as  the  south  seas  aforesaid  with  all  and  singuler  harbors, 
bayes,  rivers,  Isles  and  Islets  belonging  to  the  Country  aforesaid  and 
alsoe  all  the  soyle,  lands,  fields,  woods,  mountaynes,  farmes,  lakes,  rivers, 
bayes,  Isles  and  Islets  situate  lyeing  and  being  within  the  bounds  and 
li mitts  aforesaid,  with  the  fishing  of  all  sorts  of  fish  whales,  sturgions 
and  all  other  royall  fishes  in  the  sea,  Baves,  isles,  Islets  and  rivers  within 
the  premises  and  the  fish  therein  taken.  And  moreover  a power  to  con- 
stitute and  appoint  Governors  and  all  other  necessary  Officers  both  mili- 
tary and  civill,  and  to  make,  enact  and  ordayne  Lawes  by  and  with  the 
advise  and  consent  of  the  freemen  of  the  said  Province  or  of  the  greater 
part  of  them  there  delligates  or  deputyes  when  and  as  often  as  neede  shall 
require,  and  the  said  Lawes  to  putt  in  execution  by  our  deputy  Justices 
Ac.  with  many  other  powers,  emmunityes  and  privi ledges  as  in  the  said 
Charter  unto  which  for  more  certinety  we  referr  ourselves  is  contayned; 

Now  know  all  men  to  whom  these  presents  shall  come  that  we  the 
said  Edward  Earle  of  Clarendine  Lord  Heigh  Chancellor  of  England, 
George  Duke  of  Albemarle  Master  of  his  Majestie’s  horse  and  Captain 
Generali  of  all  his  forces,  William  Lord  Craven,  John  Lord  Berkeley, 
Anthony  Lord  Ashley  Chancellor  of  his  Majestie’s  Exchequer,  Sir 
George  Carteret  Knight  and  Barronet  Vice  Chambeline  of  his  Majt,e’8 
household  and  Sir  John  Colleton  Knight  and  Barronet,  Doe  bv  these 
presents  give  full  power  and  ample  authority  unto  the  above  named  Sir 
William  Berkeley  Governor  and  Captain  Generali  of  Virginia  to  nomi- 
nate, constitute  and  appovnt  such  persons  as  he  shall  conceive  fitting  to 
be  and  continew  Governor  of  all  that  parte  of  the  province  aforesaid 
which  lyeth  on  the  north  east  side  or  starboard  side  entring  of  the  river 
Chowan  now  named  by  us  Albemarle  river  togeather  with  the  Islands 
and  Isletts  within  tenn  leages  thereof,  for  the  tearme  and  time  of 
veares  from  the  date  of  his  Commission  which  he  shall  receave  from  the 
said  Sir  William  Berkeley,  he  behaveing  himself  well ; and  likewayes 
the  same  person  or  some  other  fitting  person  to  be  and  continew  Gov- 
ernor on  the  southwest  or  larboard  side  entring  the  same  river,  and  from 
the  entrance  thereof  20  leagues  up  the  river  and  from  the  river  side 
myles  southerly  into  the  land,  for  the  tearme  and  time  of  veares  from 
the  date  of  the  Commission  that  he  shall  receave  from  Sir  \Y  illiam 
Berkeley,  he  behaveing  himself  well  as  aforesaid.  And  alsoe  to  nomi- 
nate'and  appoint  6 fitting  persons  to  bo  of  the  Counoill  of  each  Governor 
4 


50 


COLONIAL  RECORDS. 


if  two;  to  joyne  with  him  or  them  in  the  Government  in  such  manner 
as  the  said  Sir  William  Berkeley  shall  direct,  and  to  give  the  said  Gov- 
ernor or  Governors  and  his  or  there  Counsell  such  power  and  authority 
as  we  by  his  Majestie’s  Charter  have  power  to  grante,  for  the  well,  good 
<fc  peaceable  government,  of  that  Collony  or  those  Collonyes,  and  those 
people  that  are  setled  or  shall  come  to  setle  there  on  the  Islands  or 
Isletts  aforesaid,  and  moreover  to  the  said  Governor  or  Governors  and 
Councill  or  Councillors  full  and  ample  power  to  elect  constitute  and 
appoynt  all  Officers  Millitary  and  Civill  which  shall  be  convenient  and 
necessary  (the  Secrytary  and  surveyors  onelv  excepted)  which  we  by  his 
Majesty’s  Charter  have  power  to  constitute  to  be  and  continued  during 
pleasure  or  good  behaviour  according  to  the  Charter  aforesaid  and  our 
instructions  given  you  hearewith  to  give  the  said  Governor  or  Governors 
and  Councill  or  Councillors  power  by  and  with  the  advise  and  consent 
of  the  freeholders  or  freemen  or  the  Major  parte  of  them  there  deputyes 
or  delligates  to  make  good  and  wholesome  lawes  ordinances  and  consti- 
tutions for  the  better  Government  and  good  of  the  Collony  or  Collonyes 
which  lawes  shall  be  transmitted  to  us  within  one  yeare  after  publication, 
there  to  receave  our  rattification  but  to  be  in  force  until  by  us  denyed  and 
the  denyall  certified  and  then  to  sease;  and  the  said  lawes  to  be  put 
in  execution,  as  alsoe  a power  to  the  Governor  or  Governors  to 
grante  and  confirm  lands  to  such  as  are  there  or  shall  come  there  to  setle 
and  plant  according  to  such  proposealls  and  Instructions  as  we  send  you 
hearewith  and  to  act  and  doe  all  other  things  that  may  conduce  to  the 
good,  welfare  and  well  government  of  the  people  as  farr  as  the  Charter 
aforesaid  with  our  Instructions,  shall  impower  them  to  doe. 

Witness  our  hand  and  seales  this  day  of  1663. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  5.] 


INSTRUCTIONS  FOR  SIR  WILLIAM  BERKELEY  GOV- 
ERNOR AND  CAPTAIN  GENERALL  OF  VIRGINIA 
IN  RELATION  TO  THE  SETLING  AND  PLANT- 
ING SOME  PARTE  OF  THE  PROVINCE 
OF  CAROLINA. 

1.  In  regard  that  we  conceave  all  men  will  desire  to  setle  there  habita- 
tions upon  the  river  in  respect  of  the  ease  of  there  Carrage  to  the  sea 
there  transportation  from  place  to  place  and  the  bennefit  of  the  water  and 


COLONIAL  RECORDS. 


51 


fishing  in  the  river,  therefore  that  they  may  keepe  neare  togeather  for 
there  common  defence,  wee  propose  that  whoeaver  hath  planted  or  comes 
to  plant,  have  for  himself  and  every  man  sarvant  armed  as  in  our  pro- 
posals, one  Chayne  of  land  consisting  of  66  foote  in  bredth  and  100 
chayne  from  the  river  into  the  Country  in  lenkth  and  the  remainder  of 
his  proportion  of  land  to  be  noe  nearer  then  at  the  end  of  200  chayne, 
from  the  river,  whereby  there  may  be  roome  for  a second  roe  of  planters 
next  to  the  first,  by  meanes  whereof  there  wilbe  two  hundred  men  armed 
and  lodged  within  each  myle  and  quarter  square  or  thereabouts,  which  is 
conceaved  to  be  better  then  in  townes,  for  such  whoos  business  it  is  to 
plant,  for  then  each  man  wilbe  where  his  business  or  the  greater  parte  of 
it  lyes,  and  10  acres  which  is  the  proportions  above,  wilbe  as  much  as 
one  man  can  well  plant  and  keepe  cleane  in  that  growing  Country ; reserve- 
ing  convenient  home  pasturage,  for  the  passage  of  those  above;  the  re- 
maynder  of  mens  proportions  may  be  leyed  out,  where  the  Governor  and 
Councill  shall  conceave  it  most  regular  and  advantagious  to  keepe  the 
people  neare  each  other  soe  as  it  be  at  the  end  of  200  Chayne  as  is  before 
exprest. 

2.  You  are  desired  to  cause  20000  Acres  of  land  to  be  set  out  and 
bounded  for  the  propryators  in  several  1 places,  parte  of  which  may  be 
where  a towne  is  like  to  be  built,  other  parte  some  mvles  up  the  river  and 
other  some  up  into  the  Country  where  the  land  is  good,  and  some  on 
sides  of  hiHes  that  looke  to  the  southward  which  wilbe  best  for  Yinniards 
and  if  it  be  possible  where  there  is  an  advantage  of  a springe  river  or 
rivelet  from  whence  the  land  may  be  with  any  art  watered,  which  wilbe 
of  mighty  advantage  in  planting  some  commodyties  especially  vvnes: 
which  is  conceaved  wilbe  most  profitable,  an  aker  in  the  Cannaryes  pro- 
duceing  £60.  per  aim  : besides  the  duty  thereof  is  greate  heare,  of  which 
we  are  free. 

3.  If  the  people  that  plant  are  not  or  shall  not  be  willing  to  pay  the 
Quit  rent  of  J-  penny  per  acre  presently  you  may  give  them  two  3:4: 
or  5 : yeares  for  the  convenience  of  there  payments. 

4.  If  those  men  which  have  purchased  shall  for  the  better  moddelling 
and  seeureing  the  plantations  parte  with  there  Interest  bought  of  the 
Indians  which  they  must  doe  the  next  possessor  ought  to  pay  him  what 
he  leyed  out  with  some  small  advantage  for  his  disburse,  and  if  the  party 
in  possession  have  cleaned  and  planted  (or  either)  more  than  his  propor- 
tion of  Grownd  in  bredth  lie  ought  to  be  compounded  with  for  his  charge 
of  which  the  Governor  and  Councill  to  be  .Judge. 


52 


COLONIAL  RECORDS.  * 


5.  The  Governor  or  Governors  and  Conncill  to  give  warrants,  which 
are  before  delivery  to  be  entred  for  the  proportions  of  lande  to  Ik:  loved 
out  according  to  the  proposealls  and  in  manner  as  above  (if  you  are 
pleased  with  the  way)  to  the  Surveyor,  the  Surveyor  haveing  run  out  tin- 
land  to  certifye  to  the  Secretary  (lie  quantity  leyed  out  to  and  for  each 
person  with  the  bounds  thereof  and  on  what  poynt  it  lyes  with  a small 
plot  of  the  same,  this  Certifficate  to  bee  recorded  by  the  Secrytary  in  a 
booke  to  be  kept  for  the  purpose,  and  then  the  Secrytary  to  eertifie  what 
the  Surveyor  hath  done  to  the  Governor  or  Governors  and  Conncill  and 
that  being  done  the  Governor  to  make  a Graunte  to  be  drawne  by  the 
Secrytary  and  to  be  past  under  a settle  that  we  shall  send  with  his  hand 
to  it,  to  the  partye  and  his  heires  for  eaver  for  whome  the  land  is  leyed 
out  under  the  quit  rent  of  one  \ penny  per  acre  to  commence  when  you 
shall  direct  not  exceeding  5.  veares  from  the  feast  of  all  Saints  next. 

6.  We  propose  that  if  you  cannot  find  some  other  way  to  support  the 
Governor  out  of  the  thing  itselfe,  that  he  have  the  sole  trade  of  fures  for 
3.  yeares,  and  if  he  conceave  3 veares  to  little  time  for  his  continewance 
in  the  Government  in  regard  the  first  setlement  wilbe  the  brunt  and  dif- 
ficulty of  the  business,  you  may  assure  him  that  we  shall  choose  him 
againe  unless  his  misbehaviowr  obstruct  it. 

Wee  doe  likewayse  propose  that  the  Secrytary  draw  all  the  Grants  of 
land,  and  that  some  fee  be  established  for  that  and  for  recording,  certifie- 
ing  and  searching  of  records  and  coppves  of  them  for  his  maynetenance. 

Likewayse  that  some  Fee  be  established  for  the  surveyor  by  the  acre  or 
day  when  hee  surveyes  for  his  support. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  6.] 


A LETTER  TO  SIR  WILLIAM  BERKELEY. 

Cocke  pitt  this  8.  day  of  Septr  1663. 

Sir, 

Since  you  left  us  we  have  indeavoured  to  procure  and  at  lenkth  have 
obtayned  his  Majestie’s  Charter  for  the  province  of  Carrol ina.  A coppy 
of  which  Charter  and  unto  which  we  refer  ourselves,  we  doe  hearewith 
send  you  since  the  sealeing  whereof  there  started  a title  under  a pattent 
graunted  in  the  5th  yeare  of  Kinge  Charles  the  2d  to  Sir  Robert  Heath 
under  which  there  hath  beeue  a Clavme  bv  the  Duke  of  Norfolkes 


COLONIAL  RECORDS. 


53 


Agents  and  another  bv  Sir  Ric : Greenefields  heires : but  all  there  that 
shall  plant  notwithstanding  that  pattent,  are  by  an  Act  of  Kinge  and 
Councill  secured  against  that  pattent:  and  that  pattent  by  Kinge  and 
Councill  made  Null  and  ordered  to  be  made  soe  by  the  Kinge’s  Authur- 
ney  in  the  Courts  of  Law  a coppy  of  which  order  we  hearewith  send 
you,  soe  that  noe  person  need  not  scruple  planting  under  our  pattent 
besides  we  have  many  more  advantages  then  is  in  the  other  to  ineorrage 
the  undertakers,  we  are  informed  that  there  are  some  people  set  led  on  the 
north  east  parte  of  the  river  Chowan  and  that  others  have  inclynations  to 
plant  there,  as  aksoe  on  the  Larboard  side  entring  of  the  same  river  soe 
that  we  hold  it  convenient  that  a Governor  be  forthwith  appointed  for 
that  Collony,  and  for  that  end  we  have  by  Captain  Whittey  sent  you  a 
power  to  constitute  and  appovnt  one  or  two  Governors  and  Councelles 
and  other  Officers  unto  which  power  we  referr  ourselves:  we  haveing 
onely  reserved  the  nomination  of  a surveyor  and  secrytarv  : as  officers 
that  wilbe  htt  to  take  care  of  your  and  our  Interest,  the  one  by  faithfully 
leying  out  all  lande  the  other  by  justly  recording  the  same,  the  surveyor 
by  name  Monsiear  Lepreyrie  whoe  we  conceave  will  goe  in  this  ship  if 
not  in  the  next  he  is  recomended  by  Sir  George  Carteret  to  be  able  that 
way  and  a good  Injenear  for  the  making  of  fortifications. 

The  secrytary  is  one  Mr  Richard  Cobthrop  recomended  to  us  by  my 
Lord  John  Berkeley,  he  hath  the  repute  of  an  honest  injeinous  and  stout 
man:  he  promiseth  to  be  ready  to  goe  hence  within  a monetli  we  shall 
hasten  him  to  you. 

Wee  doe  likewayes  send  you  proposealls  to  all  that  will  plant,  which 
we  prepared  upon  receipt  of  a paper  from  some  new  England  men  that 
desired  to  setle  neare  Cape  Faire,  in  which  our  condisentions  are  as  low 
as  it  is  possible  for  us  to  desend,  this  was  not  intended  for  your  merrid- 
dian,  where  we.  hope  to  find  more  fassill  people,  whoe  by  your  Interest 
may  setle  upon  better  tearmes  for  us,  which  we  leave  to  your  manage- 
ment which  our  oppinion  that  you  grante  as  much  as  is  possible  rather 
then  deter  any  from  planting  there,  by  our  instructions  and  proposealls 
you  will  see  what  proportions  of  lande  we  intend  for  each  master  and 
sarvant  and  in  what  manner  to  be  allotted,  but  we  understand  that  the 
people  that  are  there  have  bought  great  tracts  of  land  from  the  Indians, 
which  if  they  shall  injoye  will  weaken  the  plantation. 

1.  First  because  those  persons  will  in  probobillity  keepe  all  that  land  to 
themselves,  and  soe  make  tin1  neighbowrhood  of  others  remote  from  there 
assistance  in  case  of  danger. 


54 


COLONIAL  RECORDS. 


2.  If  any  new  Commers  would  setle  neare  there  habitations  they  will 
not  pei*ad venture  admitt  it  without  purchasing  and  possibly  upon  hard 
tearmes  which  will  discorrage  people  from  planting;  wherefore  it  is  our 
resolution  and  desire  that  you  persuade  and  compel  1 those  persons  to  be 
sattisfyed  with  such  proportions  as  we  allot  to  others  which  wilbe  more 
then  any  such  number  of  men,  to  and  for  whome  these  proportions  are 
to  be  given,  cann  manage  and  therefore  enough : more  will  but  scatter 
the  people  and  render  them  lyable  to  be  easylv  destroyed  by  any  envinyes 
soe  that  the  fixing  the  way  that  our  Instructions  mentions  wilbe  the  best 
course  of  setling  as  we  conceave,  howeaver  we  doe  leave  it  to  you  that 
are  upon  the  place  and  cann  best  judge;  desiring  you  to  keepe  this  Let- 
ter and  our  Instructions  and  proposealls  private  to  yourselfe;  the  rea- 
son of  giving  you  power  to  setle  two  Governors  that  is  of  each  side  of 
the  river  one,  is  because  some  persons  that  are  for  liberty  of  Contienee 
may  desire  a Governor  of  there  owne  proposing,  which  those  of  the  other 
side  of  the  river  may  not  so  well  like,  and  our  designe  being  to  incor- 
rage  those  people  to  plant  abroad  and  to  stocke  well  those  parts  with 
planters:  inciteth  us  to  comply  alwayse  and  with  all  sorts  of  persons,  as 
farr  as  possibly  we  cann,  you  wilbe  best  able  to  judge  when  you  heare 
all  partyes  and  therefore  referr  the  thing  wholly  to  you,  takeing  your  de- 
sign into  consideration.  Wee  have  granted  to  Sir  Jno.  Colleton  the 
Island  called  by  some  Carelyle  Island  lyeing  neare  Roanoake  and  Chowan 
river:  he  will  leave  it  with  you  to  take  a parte  with  him  if  you  please, 
soe  that  you  may  order  possession  to  be  given  of  the  same  to  his  assignes ; 
inclosed  is  a Coppy  of  his  Graunte;  Although  my  Lord  Chancellors  my 
Lord  Berkeleyes  and  my  Lord  Ashlyes  hands  be  not  to  the  power  and  pa- 
pers we  send  you,  the  reason  whereof  is  because  they  are  not  in  towne, 
yet  doe  they  consent  to  what  we  doe : soe  that  you  may  act  without  dan- 
ger or  scruple. 

The  entrance  to  Chowan  river  is  difficult  and  water  but  for  small  ves- 
sells:  but  we  understand  that  there  is  an  Entrance,  boald  and  deepe  wa- 
ter in  the  Lattitude  of  34.  which  is  neare  the  rivers  called  the  Newse  and 
Pamplvcoe  which  we  conceave  may  be  best  discovered  from  your  parts  in 
order  to  which  we  desire  you  to  procure  at  fraught  or  other  wavse  some 
small  vessell  that  draws  little  water  with  a boald  boat  to  make  that  dis- 
covery and  some  others  into  the  sownd,  through  which  sownd  big  greate 
ships  may  peradventure  come  to  Chowan  and  give  us  admittance  into  the 
other  brave  rivers  that  lye  in  the  sownd  and  whylst  they  are  abroade, 
they  may  looke  into  Charles  river  a very  little  to  the  southward  of  Cape 
Faire,  and  give  us  an  account  of  what  is  there:  this  if  it  may  be  done 


COLONIAL  RECORDS. 


oo 


with  little  treble  and  expence  of  time;  the  charge  you  shall  be  at  we 
shall  each  man  upon  notice  pay  our  shares : some  moneys  we  are  in  dis- 
burse for  you  heare:  which  may  be  allowed  out  of  what  you  disburse 
there;  this  worke  we  hold  necessary  to  be  done,  that  the  Kinge  may  see 
that  wee  sleepe  not  with  his  grant  but  are  promoting  his  service  and  his 
subjects  profitt ; by  Captain  Whitteyes  relation  you  may  easyly  pass  by 
land  and  river  from  your  Government  to  Chowan  river  and  ryde  but  25 
rayles  by  land  which  makes  us  presume  earnestly  to  intreat  you  to  make 
a jornev  theither  whereby  you  may  upon  your  owne  knowledge  give  us 
your  opinion  of  it:  and  direct  such  discoveryes  to  be  made  up  the  river 
as  you  shall  see  fitt:  which  and  all  other  things  hearein  and  in  our  In- 
structions contayned  we  committ  to  your  consideration  and  care  and  re- 
mayne 


[B.  P.  R.  O.  Colonial  Entry  Bk.  Vol.  20.  p.  14.] 


8th  Septr  1663. 

Present 

My  Lord  Duke  of  Albemarle 
My  Lord  Craven 
Sir  George  Carterett 
Sir  Jno.  Colleton. 

Granted  by  deed  to  Sir  Jno.  Colleton  & his  heires  for  ever  the  8th  of 
Septr  1663  the  island  heretofore  called  Carlyle  Island  now  Colleton 
Island  lyeing  neare  the  mouth  of  Chowane  now  Albemarle  river  con- 
tayneing  in  lenkth  5 or  6 myles  in  bredth  about  2 or  3 mvles  he  veilding 
& paying  yearely  from  the  feast  of  All  Saints  for  ever  for  all  such  landes 
as  is  in  those  parts  esteemed  plantable  land  one  halfe  penny  per  acre  if 
all  others  that  shall  plant  in  Carrolina  pay  as  much. 


[B.  P.  R.  O.  Col:  Ext:  Book.  No.  20.  p.  13.] 


September  this  0th  1663. 
Sir, 

We  have  of  late  sent  you  two  Letters  with  the  Coppy  of  our  Charter 
for  Carrolina  and  our  declaration  and  proposealls  touching  the  setlement 
thereof,  by  which  letters  we  desired  you  to  imploy  your  indeavours  and 


56 


COLONIAL  RECORDS. 


Interests  to  persuade  such  persons  of’  vour  Island  that  have  inelynations 
to  plant  in  any  of  those  parts  to  be  satisfied  with  the  Moth-hood  we 
have  proposed  from  the  substance  whereof  we  cannot  reeeade. 

Since  those  our  Letters  above  mentioned  we  have  received  yours  of  the 
12th  August  with  the  proposalls  and  desires  of  several  1 Gentlemen  of 
Barbados,  wlioe  seeme  to  have  thought  of  setling  some  parts  of  Carrol ina 
to  which  desires  of  theirs,  wee  inclosed  send  von  our  answer  upon  which 
and  our  declaration  you  may  please  to  treate  with  them  and  make  some 
agreement  if  you  cann  keeping  still  to  the  substance  of  our  proposealls; 
but  if  other  words  or  other  waves  of  frameing  the  Government  will  please 
them  better  without  lesning  those  powers  and  the  rent  we  have  reserved, 
or  giveing  away  the  royalties  and  Fellows  goods  which  is  by  the  Kinge 
in  our  Charter  granted  to  us,  you  may  close  with  them;  and  if  they  shall 
desire  7.  yeares  time,  for  haveing  the  proportions  of  lands  mentioned  in 
our  Declaration  you  may  grant  it  ; and  if  the  grattifieing  of  some  of  the 
Cheefe  with  one,  two  or  300  Acres  of  land  a man  exterordvnary  will 
forward  the  worke  you  may  promise  it,  and  it  shalbe  given  them : but 
let  that  be  as  remote  as  you  cann  from  the  river  they  setle  upon  whereby 
the  strenkth  of  the  Collonv  may  be  keept  togeather  according  to  the 
Meth-hood,  in  our  instructions  for  the  lyeing  out  of  each  mans  land;  if 
you  conclude  with  the  undertakers,  you  may  please  to  make  choyse  of  a 
Surveyor  and  Secrvtary  in  our  behalfs  which  Officers  wee  choose  for  noe 
other  end  hut  that  wee  may  from  them  have  an  account  of  what  passeth 
there  and  that  .Justice  may  be  done  betweene  the  planter  and  ourselves: 
we  intend  they  shalbe  subject  to  the  Government  and  upon  just  com- 
plavnt  to  us  be  removed  and  by  the  Government  be  suspended  if  there 
be  cause  untill  we  have  heard  the  matter. 

‘We  further  desire  you  to  give  us  notice  whoe  wilbe  the  fittest  man  for 
the  Government  and  whoe  to  be  of  his  Councill,  and  if  it  shalbe  thought 
fitt  that  the  tirst  Governor  shalbe  continewed  five  yeares  you  may  consent 
to  it;  for  his  mayntenance  the  people  are  to  find  some  way,  wee  have  a 
Setlement  begann  upon  the  river  Chowan  in  the  lattitude  of  35  or  there- 
abouts to  which  place  we  have  ordered  a governor  to  be  sent  from  Vir- 
ginia, and  have  proposed  for  his  support  the  fur  trade  or  such  a parte 
of  it  as  may  be  sufficient;  untill  the  people  shalbe  able  to  provide  other 
ways  for  him  if  some  such  thing  may  be  found  out  where  your  people 
intend  to  sit  downe,  it  may  incurrage,  we  wish  the  place  may  be  neare 
porte  Rovall ; If  any  argument  shalbe  made  by  the  undertakers  eoneerne- 
ing  the  charge  of  discovery  it  wilbe  answered  with  what  we  have  done 
in  order  thereunto  from  Virginia  before  we  did  know  that  they  were 


COLONIAL  RECORDS. 


57 


about  any  such  thing;  we  hope  by  the  next  to  send  the  Kinges  letter  to 
the  Governors  for  the  promotion  of  this  setlement. 

We  conceave  that  the  planting  of  Carrolina  wilbe  of  greate  advantage 
to  the  Kinge  and  his  people  particularly  to  the  planters  in  Barbadoes  and 
the  Carribbia  Islands  in  regard  it  will  divert  the  further  ravseing  of  sugar 
workes  planting  ginger  cotton,  indieoe  and  Tobacco  of  which  commody- 
ties  enough  are  already  made  to  supply  all  markets  and  more  will  in 
probability  impoverish  the  planters  of  them,  bv  lowring  the  prices  to  a 
rate  by  which  they  will  not  be  able  to  subsist. 

2<l,y  in  regard  the  land  in  Carrolina  will  produce  wines  of  all  sorts 
silks,  reasons  of  all  sorts,  currants  tigs,  ollives,  oyle,  capers  and  tobacco 
as  good  as  that  of  Virrgines  as  we  are  informed,  all  which  conmiodyties 
are  much  easier  (especially  in  poynt  of  charge)  produced  then  Sugar  and 
are  commodyties  that  are  not  yet  planted  in  the  King’s  Dominions  but 
when  they  shalbe  considerably  it  will  give  a great  imployment  to  our 
navigation  and  keepe  and  increase  the  welth  of  his  Majestic  and  subjects 
in  his  dominions;  there  motives  we  hope  will  incurrage  by  the  helpe  of 
vour  care  and  judgment  in  the  well  management  of  this  affaire,  by  which 
you  will  oblige, 


[B.  P.  R.  O.  Col:  Ent  : Book.  No.  20.  r.  12.] 


AN  ANSWER  TO  CERTINE  DEM  ANDS  AND  PRO POSE ALLS 
MADE  BA*  SEVERALL  GENTLEMEN  AND  PER- 
SONS OF  GOOD  QUALLITY  IN  THE  ISLAND 
OF  BARBADOS  TO  THE  LORD  PRO- 
PR  A*  ETORS  OF  THE  PROVINCE 
OF  CARROLINA;  WE  SAA' 

That  we  are  well  pleased  to  Hud  soe  inany  publick  spirrits  in  the  Bar- 
badoes as  there  seemes  to  be  concerned  in  the  Intended  discovery  of  fit t 
places  to  plant  betweene  Cape  Faire  and  the  north ine  lattitude  of  31. 
degrees,  and  cannot  but  commend  there  soe  doeing  although  we  our- 
selves had,  before  we  did  know  anything  of  that  there  Intentions;  given 
order  for  a vessell  to  be  sent  from  A irginia  to  discover  from  Cape  Hat- 
teras  to  Cape  Floryda  all  the  parts  and  places  Ht  for  the  reception  of 
such  of  his  Majestic’ s subjects  as  shall  desire  to  plant  in  those  parts. 

As  to  your  desires  we  replve. 


58 


COLONIAL  RECORDS. 


That  a trew  Coppy  of  our  Charter  hath  heeue  sent  to  the  Barbados  by 
Mr  Tho:  Colleton  whoe  will »e  ready  to  produce  and  give  Coppyes  of  the 
same,  and  if  an  exemplyfycation  thereof  under  the  broade  seale  shall  not- 
withstanding be  desired  by  you,  we  shall  upon  notice  thereof  be  ready  to 
send  the  same. 

To  the  2d  demand  we  answer  that  we  have  sent  to  Coll : Tho:  Mody- 
ford  and  Peter  Colleton  a declaration  and  proposealls  under  severall  of 
our  hands  of  which  all  doe  approve,  and  doe  herewith  send  a Dupplv- 
cate  in  which  is  set  forth  the  Meth-hood  which  we  resolve  to  proceed  in 
for  the  choyce  of  Governors,  the  way  of  Government,  setlement  and 
graunting  of  land  in  those  parts;  from  the  substance  whereof  wee  shall 
not  receade:  which  way  of  Government  and  of  chooseing  the  Governor 
and  Councell  we  hold  to  be  better  for  the  people  in  Generali  then  the  Cor- 
poration way  that  you  demand,  in  which  the  members  choasen  to  man- 
age the  Government  doe  continew  for  there  lives,  and  are  not  to  be 
removed  but  by  there  owne  fellowes  or  the  Major  parte  of  them,  whoe 
may  be  apter  to  wincke  at  the  misdemeanors  of  there  fellow  Governors 
then  the  people  that  are  to  be  governed  by  them  will : in  whose  power  it 
wilbe,  wee  meane  the  peoples,  at  the  end  of  every  3 yeares,  to  leave  out 
such  as  have  misbehaved  themselves:  in  there  election  of  those  that  are 
to  be  presented  to  the  Lords  Proprvetors  for  a new  choyse  of  a Governor 
and  Couneill  notwithstanding  our  declaration ; if  it  shalbe  desired  that 
more  than  6 be  of  the  Couneill  then  may  the  undertakers  propose 
duble  the  number  they  would  have,  and  wee  shall  choose  the  Moyty  of 
them  ; To  the  3d  demand  wee  consent  that  the  Governor  and  Counsell 
shalbe  amply  and  fully  impowred  from  us  to  graunte  such  proportions 
of  land  to  all  that  shall  come  to  plant  in  quantity  and  according  to  the 
Meth-hood  and  under  that  acknowledgement  noe  more,  as  in  our  decla- 
rations and  proposealls  is  set  forth  for  which  they  may  contract  and 
compound  with  the  Indians;  if  they  see  fitt : and  if  any  shall  desire  a 
confirmation  from  us,  we  shalbe  ready  to  give  it : in  as  ample  manner  as 
they  or  there  Couneill  at  Law  shall  contrive,  and  likewayse  we  shall 
impower  the  Governor  and  Couneill  choasen  as  aforesaid  to  make  choyce 
of  all  Officers  as  well  Millitary  and  Civill,  the  Secretary  and  Surveyor, 
onely  excepted  and  arme  them  with  all  powers  as  farr  as  our  Chartin’ 
will  extend,  for  the  well  governing  of  the  Collony  or  place. 

'We  shall  likewayse  indeavowr  to  procure  his  Majestie’s  Letters  to  the 
Governors  of  the  Barbados  and  Carribbia  Islands;  Virginia,  New  Eng- 
land and  Barmothos  requiring  them  not  to  hinder  any  free  and  unin- 
gaiged  person?  from  going  to  Carrolina  to  setle  upon  any  frivolos  pre- 


COLONIAL  RECORDS. 


59 


tences  whatsoever  but  rather  to  further  the  good  and  speedy  settlement 
thereof:  we  have  given  power  and  direction  to  Coll : Tho : Mody ford 
and  Mr  Peter  Colleton  to  treate  and  agree  with  you  coneerneing  the 
promises,  not  receading  from  the  substance  of  our  Declaration  whose 
agreement  we  shall  ratifie  so  rest 

Your  loveing  freinds. 


PATENTS  FOR  LAND. 

To  all  whom  these  prsents  shall  come  I Win  Berkeley  K*  Governor 
and  Cap*.  Genrl1  of  Virginia  Greeting  in  our  Lord  God  everlasting 
Whereas  by  Instructions  from  y®  kings  most  Exce*  Majestie  Directed  to 
me  and  ye  Councel  of  State  his  Majestie  was  graciously  pleased  to  au- 
thorize me  ye  said  Govern1-  and  councell  to  grant  Patents  and  to  assigne 
such  proportions  of  land  to  all  Adventurers  and  Planters  as  have  been 
usuall  heretofore  in  ye  like  Cases  either  for  Adventurers  of  money  or 
transportation  of  people  into  this  Collony  according  to  a Charter  of  Or- 
ders from  y®  late  treasurer  and  Company  And  y*  y®  said  Proportion  of 
fifty  acres  of  land  be  granted  and  assigned  for  every  jpson  Transported 
hither  since  midsumer  lt>25  and  v*  y*  same  course  be  continued  to  all 
Adventurers  and  Planters  untill  it  shall  be  otherwise  determined  by  his 
Majestie  Now  know  y®  y*  I thesdSr  Wm  Berkeley  K*  &c  Doe  w*  y®  con- 
sent of  y®  Councell  of  State  accordingly  Give  and  Grant  unto  Mr  Tho: 
Relfe  Seven  hundred  and  fifty  Acres  of  land  Lying  on  v*  Southwest  side 
of  Pasquotank  River  Begining  at  a Small  cypresse  at  y®  mouth  of  a 
Swamp  and  mining  by  Tho:  Keele  bis  land  into  y®  W oods  South  west 
and  by  W est  320  pole  then  N : West  & by  N.  375  Pole  then  N East  & 
bv  East  to  a Marked  Sypresse  in  y®  cod  of  a Bay  being  one  of  Mr  f for- 
sons  marked  trees  and  soe  along  y®  Bav  to  y*  Point  in  y®  River  and 
downe  tlie  said  River  of  Pasquotanek  to  y*  first  Station  ye  said  land 
being  due  to  y®  said  Thomas  Relfe  by  and  for  y®  transportation  of  fifteen 
Persons  into  this  Collony  whose  names  are  in  the  Record  mentioned  under 
this  Patent  To  have  and  to  hold  y®  said  land  w*  bis  due  share  of  all 
Mines  and  Mineralls  therein  Conteined  w*  all  Rights  and  Previleges 
of  Hunting  Hawking  fishing  Howling  w*  all  W oods  Waters  and  Rivers 
w*  all  Profitts  Comoditvs  and  heriditnm*®  w'soever  belonging  to  y®  said 
Land  to  him  y*  said  Thomas  Relfe  his  heirs  and  assignes  for  ever  in  as 
large  and  ample  Manner  to  all  Intents  and  purposes  as  is  Expressed  in  a 


60 


COLONIAL  RECORDS. 


Charter  of  Orders  from  v*  late  treasurer  and  Company  Dated  v®  18th  of 
November  1618  or  by  Consequence  may  be  justly  Collected  out  of  y* 
same  or  out  of  y®  Letter  Patents  whereon  they  are  Grounded  to  be  held 
ot  our  Soveraigne  lord  v®  king  his  heires  and  and  Successors  for  ever  as  of 
his  Mannor  of  East  Greenwich  in  free  and  Comon  soccage  and  not  in 
Capite  nor  in  Kts  Service  Yielding  and  paying  unto  our  sd  soveraigne 
Lord  y®  king  his  heires  and  successors  for  every  fifty  acres  of  land  hereby 
Granted  yearly  at  ye  feast  of  S'  Michael  y*  Archangel  1 y®  fe  rent  of  one 
shilling  Which  payin'  is  to  be  made  yearly  from  year  to  year  according 
to  his  Majesties  Instructions  of  y®  12th  of  September  1662.  Provided 
y‘  if  the  said  Tho : Relfe  his  heires  or  assignes  doe  not  seat  or  plant  or 
cause  to  be  seated  or  planted  upon  v®  s'1  Land  w‘in  three  years  after  y* 
next  Insueing  y*  then  it  shall  be  lawful!  for  any  Adventurer  or  planter 
to  make  Choice  and  seat  thereupon  Given  at  James  Cyty  under  my  hand 
and  y®  seal  of  v*  Collony  y®  25th  day  of  September  1663  & in  y®  15th 
year  of  y®  Reignc  of  our  Sovereign  Lord  king  Charles  y®  Second  &c 

WILLIAM  BERKELEY 


To  all  to  whom  these  prsents  shall  come  I Wffi  Berkeley  K‘  Governor 
and  Cap1  C?enrU  of  Virginia  send  Greeting  in  our  Ld  God  everlasting 
Wheras  by  Instructions  from  y®  Kings  most  Exce‘  Majtie  directed  to  me 
and  y*  Councell  of  State  his  Majestic  was  graciously  pleased  to  authorize 
me  y®  said  Governor  and  Councell  to  grant  patents  & to  assign  such  pro- 
portions of  land  to  all  ad  venturers  and  planters  as  hath  been  usual  here- 
tofore in  like  cases  either  for  adventurers  of  money  or  transportation  of 
people  into  this  Colony  according  to  a Charter  of  orders  from  y®  late 
treasurer  & company  and  y*  y®  same  proportion  of  fifty  acres  of  land  to 
be  granted  & assigned  to  every  f^son  transported  hither  since  Midsumer 
1625  and  y‘  y®  same  Course  be  continued  to  all  adventurers  and  planters 
untill  it  shall  be  otherwise  determined  bv  his  Majestie. 

Now  know  yee  y‘  I y®  sd  Wm  Berkeley  Kl  &c  doe  with  y®  consent  of 
y®  Councell  of  State  accordingly  give  and  grant  to  Robert  Peel  three 
hundred  and  fifty  acres  of  land  Lying  on  y®  South  west  side  of  Raspi- 
tanck  River  between  v®  land  of  I)r  Relph  and  ve  land  of  John  Battle 
containing  on  y®  River  side  one  hundred  and  eighty  pole  & running  South 
West  & by  West  into  y®  Wood  three  hundred  and  twenty  pole  y®  said 
land  being  due  to  y®  said  Robert  Peel  by  & for  y®  transportation  of  seven 
j^sons  into  this  Collony  whose  names  are  on  the  Record  mentioned  under 
this  Patent  To  have  & to  hold  v®  said  land  wth  his  due  share  of  all  Mines 


COLONIAL  RECORDS. 


61 


& Mineral  Is  therin  contained  wth  all  rights  and  previleges  of  hunting 
hawking  fishing  fowling  wth  all  Woods  Waters  and  rivers  wth  all  profitts 
Comodities  and  hereditam*3  whoever  belonging  to  y®  sd  land  unto  him  y® 
said  Robert  Peel  his  heires  & assignes  for  ever  in  as  large  and  ample 
nianer  to  all  Intents  A purposes  as  is  Expressd  in  a Charter  of  orders 
from  y®  late  treasurer  A Company  Dated  y®  18th  of  November  1618  or 
by  consequence  may  be  justly  collected  out  of  y®  same  or  out  of  the  letter 
patents  whereon  they  are  grounded  to  be  holden  of  our  Soveraigne  Lord 
v*  King  his  heires  and  successors  as  of  his  Maner  of  East  Greenwich  in 
free  and  Comon  Soccage  and  not  in  Capite  nor  by  K*  Service  Yielding 
and  paying  unto  our  sd  Soveraigne  Lord  v®  king  his  heires  and  successors 
for  every  fifty  acres  of  land  hereby  granted  yearly  at  y®  Last  of  S' 
Michael  y®  archangell  ye  tfee  rent  of  one  shilling  woh  payment  is  to  be 
made  yearly  from  year  to  year  and  v®  first  payin'  to  begin  one  year  after 
y®  date  herof  according  to  his  Majesties  Instructions  of  y®  12th  of  7he® 
1662  Provided  y*  if  v®  sd  Robert  Peel  his  heires  or  assignes  doe  not  seat 
or  plant  or  cause  to  be  seated  or  planted  upon  v®  s'1  land  wthin  three  yeares 
next  ensueing  that  then  it  shall  be  lawfull  for  any  adventurer  or  planter 
to  make  choice  or  seat  therupon  Given  at  James  City  under  my  hand  and 
seal  of  y®  Collony  y®  25th  of  September  1663  and  in  y®  15th  year  of  y® 
reigne  of  our  Soveraigne  Lord  King  Charles  v®  2d  &c 

WILLIAM  BERKLEY 


To  all  to  whom  these  prsents  shall  come,  I S'  W"’  Berkley  Kn‘  Gov- 
ernor  and  Cap®  Gen11  of  Virg*  send  greeting  in  our  Lord  God  everlast- 
ing, whereas  by  instructions  from  the  kings  most  Excell*  maj*y  directed 
to  mee  & v®  Consell  of  state,  his  Maty  was  graciously  pleased  to  author- 
ize mee  the  sd  Governo®  and  Counsell  to  grant  pattents  & to  assigne  such 
proporcons  of  Land  to  all  adventur3  and  planters  as  have  been  usual  1 
heretofore  in  the  like  case  either  for  adventures  of  money  or  Transporta- 
con  of  people  into  this  Collony  according  to  a Charter  of  Orders  from 
the  late  Treasurer  & Company  A that  the  same  proportion  of  ffiftv  Acres 
of  Land  bee  granted  and  assigned  for  every  person  transported  hither 
since  Midsom®  1625  and  that  the  same  course  bee  continued  to  all  adven- 
tur®8 and  planters  untill  it  shall  be  otherwise  determined  bv  his  maty. 
Now  know  yee  That  1 the  Sd  S®  Wm  Berkley  Kn*  Ac  Doe  wth  the  con- 
sent of  the  counsell  of  state  accordingly  give  and  grant  unto  M®  John 
Harvey  six  hundred  Acres  of  Land  lvinge  in  a small  Creeke  called  Cura- 
tuck  falling  into  the  the  River  of  Kecoughtancke  wch  sd  River  falls  into 


62 


COLONIAL  RECORDS. 


Carolina  begin ing  att  a marked  pokikerv  A runinge  East  South  East  into 
the  woods  three  hundred  and  twenty  pole,  then  Nor:  Nor:  East  three 
hundred  pole,  then  West  Nor:  W est  three  hundred  and  twenty  pole  to  a 
marked  Cedar  att  the  mouth  of  swamp  upon  the  aforesd  Creeke  and  soe 
downe  the  sd  Creeke  to  the  first  station.  The  sd  Land  being  due  to  the 
sd  Mr  John  Harvey  by  & for  v®  transportation  of  twelve  persons  into  this 
Collony  whose  names  are  in  the  Record  mentioned  undr  this  pattents  To 
have  and  to  hold  the  sd  Land  with  his  due  share  of  all  mines  A mineralls 
therein  contained,  with  all  Rights  A priviledges  of  hawking  hunting, 
dishing  & ffowling  wth  all  woods  waters  & Rivers  wtb  all  profitts  Como- 
dities  A hereditamts  whatsoever  belonging  to  the  sd  Land,  unto  him  the  sd 
Mr  John  Harvey  his  heirs  & assignes  for  ever  in  as  large  & ample  manner 
to  all  intents  and  purposes  as  is  expressed  in  a Charter  of  Orders  from 
the  sd  Treasur1  & Company  dated  the  18th  day  of  Novemr  1618  or  In- 
consequence may  bee  justly  collected  out  of  the  same  or  out  pf  the  Let- 
ters pattents  whereon  they  are  grounded.  To  be  held  of  or  Soveragne 
Lord  the  King  his  heirs  and  successors  for  ever,  as  of  his  Mannor  of  East 
greenwich  in  free  & comon  soccage  & not  in  Capite  nor  bv  knight  ser- 
vice Yielding  & paying  to  our  sd  Soveraigne  Lord  the  King  his  heires  & 
success19  for  every  ditty  acres  of  Land  hereby  granted  yearely  att  the 
feast  of  S‘  Michaell  the  Archangell  the  dee  rent  of  one  shilling,  which 
payrn1  is  to  bee  made  yearely  from  yeare  to  yeare  according  to  his 
Majtie9  Instructions  of  the  12th  of  Septem1'  1662  provided  that  if  the  sd 
Mr  John  Harvey  his  heires  or  assignes  doe  not  seate  or  plant  or  cause  to 
be  planted  or  seated  upon  the  sd  Land  within  three  yeares  next  ensueing 
That  then  itt  shall  be  lawfull  for  any  adventurr  or  planter  to  make  theire 
and  seate  thereupon.  Given  at  James  Citty  under  mv  hand  and  the  seale 
of  the  Collonv  this  25th  off  Septemr  1663  and  in  the  ftifteenth  yeare  of 
the  Ramne  of  or  Soveraigne  Lord,  King  Charles  the  Second  Ac. 

WM  BERKLEY 


To  all  to  whom  these  presents  shall  come,  I Sr  Willm  Berkley  Kn‘ 
Governor  and  cap1  gener11  of  Yirgia  send  Greeting  in  our  Lord  God  ever- 
lasting whereas  by  instructions  from  the  Kings  most  Excellent  Majtv 
directed  to  mee  A y®  Council!  of  state,  his  Matv  was  graciously  pleased  to 
Authorize  mee  the  sd  Govern1  and  Councill  to  grant  pattents  A to  assigne 
such  proportions  of  Land  to  all  Adventur®  A planters  as  have  beene 
usual  1 heretofore  in  the  like  cases,  either  for  Adventurers  of  money  or 
Transportation  of  people  into  this  Collony,  Accordinge  to  A Charter  of 


COLONIAL  RECORDS. 


63 


Orders  from  ve  late  Treasurer  & Company,  & that  the  same  proportion 
of  ffiftv  Acres  of  Land  bee  granted  and  assigned  for  every  person  Trans- 
ported hither  sine  Midsumer  1625  & that  the  same  course  bee  continued 
to  all  Adventurers  & planters  until  itt  shall  hee  otherwise  determined  bv 
his  Maty.  Now  Know  vee  that  I ve  sd  Sr  Wm  Berkley  Kn‘  <fc°  doe  with 
the  consent  of  the  Councill  olf  state  accordingly  Give  & grant  Unto  Mr 
John  Harvey  Two  hundred  & ffiftv  acres  of  Land  lying  on  the  River  of 
Carolina  begin ing  att  & marked  Red  oake  on  ve  River  side  by  Rodger 
William’s  Land  & riming  downe  the  sd  River  to  A marked  pine,  then 
Nor:  Nor:  East  three  hundred  & Twenty  pole,  then  to  the  miles  end  of 
Rodger  Williams  his  Land  & soe  by  his  Trees  South  West  to  the  first 
station,  ve  sd  Land  being  due  to  the  sd  John  Harvey  by  & for  the  trans- 
portation of  ffive  persons  into  this  Collony,  whose  names  are  in  the  Re- 
cords mentioned  undr  this  pattent.  To  have  and  to  hold  the  sd  Land 
wth  his  due  share  of  all  Mines  and  Mineralls  therein  conteined,  wth  all 
rights  & priviledges  of  hawking  hunting  ffish ing  & tfowling;  with  all 
Woods,  Waters  & Rivers,  With  all  profitts,  comodities  and  Hereditam*® 
whatsoever  belonging  to  the  sd  Land,  to  him  the  sd  Mr  John  Harvey  his 
heifs  and  assignes  for  ever;  in  as  large  <&  ample  manner  to  all  intents 
and  purposes  as  is  exprest  in  A Charter  of  Orders  from  the  late  Treasu- 
rer and  Company,  dated  the  18th  day  of  Novenft  161  <8  or  by  consequence 
may  bee  justly  collected  out  of  the  same,  or  out  of  the  Lettrs  pattents 
whereon  they  are  grounded;  To  bee  held  of  our  Soveraigne  Lord  the 
King  his  heirs  and  successors  for  ever,  at  all  his  inauno8  of  East  Greene- 
wich  in  free  A Comon  Soceage  A not  in  Capite  nor  by  Knight  service 
Yielding  and  pavinge  to  our  s'1  Soveraigne  Lord  the  King  his  heires  and 
Successors  for  every  ffiftv  Acres  of  Land  hereby  granted  yearelv  att 
the  feast  of  S‘  Mieheall  Th  archangell  tin1  toe  Rent  of  one  shillinge, 
which  paym*  is  to  bee  made  yeareh  from  yeare  to  yeare — according  to 
his  Mat,es  Instructions  of  the  12th  of  Septenft  1662.  Provided  that  if 
the  sd  Mr  John  Harvey  his  heirs  or  assignes  doe  not  seate  or  plantt,  or 
cause  to  be  planted  or  Seated  upon  the  sd  Land  within  Three  yeares  next 
ensueing  t hat  then  itt  shall  be  Lawfull  foranv  Adventurer  or  planter  to 
make  tlieire  and  Seat  thereupon.  Given  att  James  Citty  under  ui\  hand 
and  the  Seale  of  the  Collouv  this  Twentv  ffith  da\  of  Septmr  1663. 
And  in  y*  ffititeenth  yeare  of  the  Reigne  of’  our  Soveraigne  Lord  King 
Charles  the  Second  &c  WILLIAM  BERKELEY 


64 


COLONIAL  RECORDS. 


To  all  to  whom  these  prsents  shall  come,  I Sr  Willffi  Berekeley  Kn* 
Govr&c:  and  cap*  Genr"  of  Virginia  send  Greeting  in  our  Lord  God 
everlasting,  whereas  by  Instructions  from  the  Kings  most  Excellent 
Maj*1®  directed  to  mee  & the  Councell  of  State;  his  Maj*‘*  was  graciously 
pleased  to  authorize  mee  the  sd  Govern1,  and  councell  to  grant  pattents, 
and  to  assigne  such  proportion  of  Land  to  all  Adventurers  A planters 
as  have  usuall  heretofore  in  y*  like  cases,  either  for  Adventurers  of  money 
or  transportacon  of  people  into  this  Collonv  according  to  A Charter  of 
orders  from  the  late  Treasurer  & Company:  and  that  the  same  propor- 
tion of  ffifty  Acres  of  Land  bee  granted  & assigned  for  every  person 
transported  hither  sine  Midsumer  1625:  And  that  the  same  course  be 
continued  to  all  Adventurers  A planters  untill  it  shall  bee  otherwise  de- 
termined by  his  Majtie  Now  Know  yee  that  1 the  said  Sr  Willffi  Berkeley 
Kn*  Gov1  Asc  doe  with  the  consent  of  the  Councell  of  state  accordingly 
give  & grant  unto  cap*  John  Jenkins  Seven  hundred  Acres  off  Land, 
being  a necke  of  Land  bounded  on  the  South  with  the  River  Carolina, 
on  the  North  with  pyquomons  River  on  the  East  wth  v®  mouth  of 
pyquomons  &c  Carolina,  & on  the  West  with  A great  swamp  woh 
parted  this  Land  from  Thomas  Jarvis  his  Land,  To  have  and  to  hold 
the  sd  Land  with  his  due  there,  of  all  Mines  (the  said  land  being  due  to 
the  sd  John  Jenkins  by  and  for  the  transportacon  of  ffourteene  persons 
into  this  Collonv  Whose  names  are  all  in  the  record  mentioned  undr  this 
pattent)  and  Mineralls  therein  contained,  with  all  rightes  ct  priviledges 
off  hunting,  hawking,  dishing  & ffowleing,  with  all  Woods,  Waters  & 
River,  with  all  profitts,  Comodi  ties  and  hereditam*®  whatsoever  belonging 
to  the  said  Land,  to  him  the  said  John  Jenkins  his  heirs  & assignes  for 
ever;  in  as  ffree  and  ample  manner  to  all  intents  & purposes  as  is  ex- 
prest  in  a Charter  of  Orders  from  the  late  Treasurer  & Company  dated 
the  18th  of  Novemr  1618  or  by  consequenc  may  bee  justly  collected  out 
off’ the  same,  or  out  of  the  Lett”  patents  Whereon  they  are  grounded  to 
bee  held  of  our  Soveraigne  Lord  the  King  his  heires  and  Successors  for 
every  ffitv  acres  for  ever,  as  of  his  Matmo7  of  East  greenwitch  in  free  and 
comon  Soccage  A:  not  in  Capite  nor  bv  Kn*8  service.  Yielding  and  pay- 
inge  to  our  sd  Soveraigne  Lord  the  King,  his  heirs  and  Successors  for 
every  ffifty  acres  of  land  hereby  granted,  yearly  att  y®  ffeast  of  S*  Micheall 
the  Archangell  the  ffee  rent  of  one  shilling,  which  pavm*  is  to  be  made 
yearly  from  year  to  year  from  the  first  entry  of  the  Survey  A:  rights  in  the 
Secretaries  office  bearing  date  wth  these  presents,  according  to  his  Majes- 
ties Instructions  of  the  12th  of  Septemr  1662  provided  that  if  the  sd  John 
Jenkins  gent*  his  heirs  or  assignes  doe  not  seat  or  plant,  or  cause  to  bee 


COLONIAL  RECORDS. 


6-5 


planted  or  seated,  upon  the  sd  Land  within  three  years  next  ensuing,  then 
it  shall  bee  lawfull  for  any  Adventurer  or  planter  to  make  choice  A seat 
therupon.  Given  att  James  Cyttie  under  mv  hand  & the  seal  of  the 
Collony  this  25th  day  of  Septemr  1663.  And  in  the  fifteenth  year  of' 
the  reigne  of  our  Soveraign  Lord  King  Charles  the  Second  Ac. 

WILLIAM  BERKELEY 


To  all  to  whom  these  prsents  shall  come  I Sr  Willm  Berkeley  Kn4 
Govr  and  cap4  Gener11  of  Virga  send  Greeting  in  our  Lord  God  everlast- 
ing whereas  by  instruccos  from  the  kings  most  Excellent  Majtie  directed 
to  mee  A the  Councill  of  State  his  Majt,e  was  graciously  pleased  to  author- 
ize mee  the  sd  Governr  & Council]  to  grant  patients  and  to  assigne  such 
proportions  of  Land  to  all  adventurers  & planters  as  have  been  usual! 
heretofore  in  the  like  cases,  either  for  adventurers  of  money  or  transpor- 
tation of  people  into  this  Collony  according  to  a Charter  of  Orders  from 
the  late  Treasurer  & Company  & that  the  same  proporticon  of  ffifty  Acres 
of  Land  bee  granted  and  assigned  for  every  person  transported  hither  Sine 
midsumer  1625.  And  that  the  same  course  bee  continued  to  all  Adven- 
turers A planters  untill  it  shall  bee  otherwise  determined  by  his  Mat,e 
Now  Know  yee  that  I ve  said  Sr  W“  Berkeley  Kn*  Ac  doe  with  the  con- 
sent of  the  Councill  of  state  aecordinvlv  give  & grant  unto  Mr  Thomas 
Relfe  seven  hundred  & fifty  Acres  of  Land  lying  on  the  South-West 
side  of  paspatanck  River,  begining  at  a small  marked  Cypress  att  the 
mouth  of  a swamp  A runing  by  Thomas  Keele  his  land  into  the  wood 
so  West  & by  West  320  pole  then  Nor:  West  A bv  No:  375  pole,  then 
Nor:  East  A by  East  to  a marked  Cypress  in  the  Codd  of  A Bay  being 
one  of  Mr  ffersons  marked  trees  and  so  along  the  Bay  to  the  point  in  the 
River,  & downe  the  said  River  of  paspatanck  to  the  first  station:  the  sd 
land  being  due  to  him  the  said  Thomas  Relfe  by  A for  the  transportation 
of  ffi ftccn  persons  into  this  Collony  whose  names  are  in  the  Records 
mentioned  undr  this  pattent  To  have  and  to  hold  the  sd  land  with  his 
due  share  of  all  mines  A mineralls  therein  conteined,  wth  all  rights  A 
priviledges  of  hawking,  hunting  ftishing  A Howling;  with  all  woods, 
waters  & Rivers  with  all  profitts,  Comodities  A hereditam4*  whatsoever 
belonging  to  the  said  Land  to  him  the  sd  Thomas  Relfe  his  heirs  A 
assignes  for  ever  : In  as  large  A ample  manner  to  all  intents  A purposes 
as  is  exprest  in  a Charter  off  orders  from  the  late  Treasurer  A Company; 
dated  the  18th  of  Novemb1  1618  or  by  consequenc  may  bee  justly  col- 
lected out  of  the  same,  or  out  of  the  Letters  pattents  whereon  they  are 
5 


66 


COLONIAL  RECORDS. 


grounded.  To  bee  held  of  our  Sovereigne  Lord  the  King  his  heirs  & 
successors  for  ever,  as  of  his  mannor  of  East  Greenwich  in  free  & comon 
soccage,  & not  in  capite,  nor  bv  Kn*s  service.  Yielding  & paying  to  our 
sd  Sovereign  Lord  the  King  his  heirs  and  Successors  for  every  ffifty  acres 
of  Land  hereby  granted  yearly  at  the  feast  of  S*  Michael  the  Archangell 
the  ffce  rent  of  one  shilling,  which  paym*  is  to  be  made  yearly  from  year 
to  year  according  to  his  Maties  instructions  of  the  12th  of  Septemr  1662. 
Provided  that  if  the  sd  Thom9  Relfe  his  heirs  or  assignes  doe  not  seat  or 
plant,  or  cause  to  bee  planted  or  seated  upon  the  sd  Land  within  three 
years  next  ensuing,  That  then  itt  shall  bee  lawfull  for  any  Adventurer 
or  planter  to  make  choise  & seat  therupon.  Given  att  James  ditty 
under  my  hand  <fc  the  seal  of  the  Collony  this  25th  day  of  Septemr  1663. 
And  in  the  ffifteenth  year  of  the  reigne  of  our  Soveraigne  Lord  King 
Charles  the  Second  &c 

WILLIAM  BERKELEY 


To  all  to  whom  these  presents  shall  come  1 S1'  William  Berkeley  Knight 
Governo1  and  Cap*  Generali  of  Virginia,  send  greeting  in  our  Lord  god 
everlasting,  whereas  by  Instructions  from  the  Kings  most  Excellent  Maj- 
esty directed  to  mee  and  the  Counsell  of  State,  his  Majestic  was  Gra- 
tiously  pleased,  to  Authorize  mee  the  sd  Governo*  and  Councell  to  grant 
Pattents,  and  to  Assigne  such  proportion  of  Land  to  all  Adventurers  and 
plantors  as  have  been  usuall  Heretofore  In  like  Cases  Either  for  Adven- 
ture1'8 of  money  or  Transportation  of  People  Into  this  Collony,  according 
to  a Charter  of  orders  ffforn  the  late  Treasurer  and  Company,  and  that 
the  same  proportion  of  fifty  Acres  of  Land  be  granted  and  Assigned  for 
Every  person  transported  hither  since  Midsummer  1625,  and  that  the 
same  Course  be  Continued  to  all  Adventurers  and  plant”  untill  It  shall 
be  otherwise  determined  by  his  Majesty,  Now  Know  ye  that  I y®  sd  Sr 
William  Berkley  Kn*  Governo*  &c:  doe  wth  the  Councell  of  State,  Ac- 
cordingly give  and  grant,  unto  George  Catchmeyd  of  Treslick  Gen** 
ffifteen  hundred  Acres  of  Land  Lying  In  A bay  of  y®  River  Carrolina 
begining  at  the  mouth  of  swamp  weh  parts  his  Land  from  Cap*  Jenkins 
Land,  and  soe  up  the  River  of  Carrolina  to  a small  Creek,  and  up  the 
said  Creek  ffrom  the  River  of  Carrolina  north  and  be  west  320  poles  then 
East  and  be  north  750  poles  towards  the  head  of  the  said  swamp  by  y® 
River  of  pequimmin,  and  soe  downe  the  said  swamp  by  Cap*  Jenkins 
Land  to  the  first  Station,  the  said  Land  being  due  unto  y®  sd  George 
Catchmeyd  by  and  for  the  Transportation  of  thirty  Persons  Into  this 


COLONIAL  RECORDS. 


67 


Collony  whose  names  are  all  one  the  Records  mentioned  under  this  Pat- 
tent,  To  have  and  to  hold  the  sd  Land  with  all  his  due  shares  of  all  mines 
and  mineralls  therein  Contained,  with  all  Rights  and  priviledges  of  hunt- 
ing hawking  fishing  and  fowling,  with  all  Woods  and  waters  and 
Rivers,  with  all  profits  Comodities  and  hereditaments  whatsoever 
belonging  to  the  said  Land,  To  him  the  said  George  Catchrueyd 
his  heirs  and  assignes  for  ever,  In  as  free  and  ample  manno1' 
to  all  Intents  and  Purposes,  as  is  Expressed  in  a Charter  of  orders,  from 
the  late  Treasurer  and  Company  Dated  18th  November  1618  or  by  Con- 
sequence may  be  Justly  Collected  out  of  y®  same,  or  out  of  the  Letters 
Pattents  whereon  they  are  Grounded  to  be  held  of  our  Sovereigne  Lord 
the  King  his  heirs  and  successors,  ffor  every  fifty  acres  for  ever  as  of  his 
mannor  of  East  Greenwich  In  free  and  Common  Soccage,  and  not  In 
Capite  nor  by  Kit  Service,  yielding  and  Paying  to  our  Sovereign  Lord 
y®  King  his  heirs  and  successors,  for  every  ffifty  Acres  of  Land  hereby 
Granted  yearly  at  the  feast  of  S‘  Michaell  the  Archangell,  the  tfee  Rent 
of  one  shilling,  which  payment  is  to  be  made  yearly  from  yeare  to  yeare 
ffrom  y®  first  Entry  of  y®  survey  and  Rights  In  the  Secretaries  office 
bareing  date  with  these  presents  according  To  his  Majesties  Instructions 
of  y®  12th  of  SeptenC1'  1662  provided  that  If  the  said  George  Catch meyd 
Genu  his  his  heirs  or  assignes  doe  not  seate  or  plant,  or  Cause  to  be  seated 
or  planted  upon  y®  said  Land,  within  three  years  next  Insuing,  then  It 
shall  be  Lawful  for  any  Adventurer  or  Planto®  to  make  Choyee  and  seat 
thereupon,  Given  at  James  Citty  under  my  hand  and  seale  of  y®  Collony 
this  25th  of  Septr  1663  and  In  the  fifteenth  yeare  of  y®  Eeigne  of  our 
Sovereign  Lord  King  Charles  y®  Second  Ac: 

WILLIAM  BERKELEY. 


REPORT  OF  COMMISSIONERS  SENT  FROM  BARBADOES 
TO  EXPLORE  THE  RIVER  CAPE  FEAR,  IN  1663. 


[Reprinted  from  Lawson’s  History  of  North  Carolina,  p.  113.] 


From  Tuesday,  the  29th  of  September,  to  Friday,  the  2d  of  October, 
we  ranged  along  the  shore  from  lat.  32  deg.  20  min.  to  lat.  33  deg.  11 
min.,  but  could  discern  no  entrance  for  our  ship,  after  we  had  passed  to 
the  northward  of  32  deg.  40  min.  On  Saturday,  October  3,  a violent 
storm  overtook  us,  the  wind  between  north  and  east;  which  easterly 


OH 


COLONIAL  RECORDS. 


winds  and  foul  weather  continued  till  Monday  the  1 2th ; by  reasons  of 
which  storms  and  foul  weather  we  were  forced  to  get  off  to  sea,  to  secure 
ourselves  and  ship,  and  were  driven  by  the  rapidity  of  a strong  current 
to  Cape  Hatteras,  in  lat.  35  deg.  30  min.  On  Monday  the  12th,  afore- 
said, we  came  to  an  anchor  in  seven  fathoms  at  Cape  Fair  Road,  and 
took  the  meridian  altitude  of  the  sun,  and  were  in  lat.  33  deg.  43  min., 
the  wind  still  continuing  easterly,  and  fold  weather  till  Thursday  the 
15th;  and  on  Friday  the  16th,  the  wind  being  at  N.  W.,  we  weighed  and 
sailed  up  Cape  Fair  River  some  four  or  five  leagues,  and  came  to  an 
anchor  in  six  or  seven  fathom,  at  which  time  several  Indians  came  on 
board,  and  brought  us  great  store  of  fresh  fish,  large  mullets,  young 
bass,  shads,  and  several  other  sorts  of  very  good,  well-tasted  fish.  On 
Saturday  the  17th,  we  went  down  to  the  Cape  to  see  the  English  cattle, 
but  could  not  find  them,  though  we  rounded  the..Cape.  And  having  an 
Indian  guide  with  us,  here  we  rode  till  October  24th.  The  wind  being 
against  us,  we  could  not  go  up  the  river  with  our  ship ; but  went  on 
shore  and  viewed  the  land  of  those  quarters. 

On  Saturday  we  weighed,  and  sailed  up  the  river  some  four  leagues  or 
thereabouts. 

Sunday  the  25th  we  weighed  again,  and  rowed  up  the  river,  it  being 
calm,  and  got  up  some  fourteen  leagues  from  the  harbor’s  mouth,  where 
we  moored  our  ship. 

On  Monday,  October  26th,  we  went  down  with  the  yawl  to  Neeoes,  an 
Indian  plantation,  and  viewed  the  land  there. 

On  Tuesday  the  27th;  we  rowed  up  the  main  river  with  our  long  boat 
and  twelve  men,  some  ten  leagues  or  thereabouts. 

On  Wednesday  the  28th,  we  rowed  up  about  eight  or  ten  leagues  more. 

Thursday  the  29th  was  foul  weather,  with  much  rain  and  wind,  which 
forced  us  to  make  huts  and  lie  still. 

Friday  the  30th  we  proceeded  up  the  main  river  seven  or  eight  leagues. 

Saturday  the  31st,  we  got  up  three  or  four  leagues  more,  and  came  to 
a tree  that  lav  across  the  river;  but  because  our  provisions  we  almost 
spent,  we  proceeded  no  further,  but  returned  downward  before  night ; 
and  on  Monday,  the  2d  of  November,  we  came  aboard  our  ship. 

Tuesday  the  3d  we  lay  still  to  refresh  ourselves. 

On  Wednesday  the  4th,  we  went  five  or  six  leagues  up  the  river  to 
search  a branch  that  run  out  of  the  main  river  toward  the  northwest.  In 
which  we  went  up  five  or  six  leagues;  but  not  liking  the  land,  returned 
on  board  that  night  about  midnight,  and  called  that  place  Swampy 
Branch. 

Thursday,  November  5th,  we  stayed  aboard. 


COLONIAL  RECORDS. 


69 


On  Friday  the  6tU,  we  went  up  Green’s  River,  the  mouth  of'  it  being 
against  the  place  at  which  rode  our  ship. 

On  Saturday  the  7th,  we  proceeded  up  the  said  river,  some  fourteen  or 
fifteen  leagues  in  all,  and  found  it  ended  in  several  small  branches.  The 
land,  for  the  most  part,  being  marshy  and  swamps,  we  returned  towards 
our  ship,  and  got  aboard  it  in  the  night. 

Sunday,  November  the  8th,  we  lav  still ; and  on  Monday  the  9th  went 
again  up  the  main  river,  being  well  stocked  with  provisions  and  all 
things  necessary,  and  proceeded  upward  till  Thursday  noon,  the  12tb,  at 
which  time  we  came  to  a place  where  were  two  islands  in  the  middle  of 
the  river;  and  by  reason  of  the  crookedness  of  the  river  at  that  place, 
several  trees  lay  across  both  branches,  which  stopped  the  passage  of  each 
branch,  so  that  we  could  proceed  no  further  with  our  boat;  but  went  up 
the  river  side  by  land  some  three  or  four  miles,  and  found  the  river 
wider  and  wider.  So  we  returned,  leaving  it  as  far  as  we  could  see  up,  a 
long  reach  running  N.  E.,  we  judging  ourselves  near  fifty  leagues  north 
from  the  river’s  mouth. 

We  saw  mulberry-trees,  multitudes  of  grape-vines,  and  some  grapes, 
which  we  eat  of.  We  found  a very  large  and  good  tract  of  land  on  the 
N.  W.  side  of  the  river,  thin  of  timber,  except  here  and  there  a very 
great  oak,  and  full  of  grass,  commonly  as  high  as  a mans  middle,  and  in 
many  places  to  his  shoulders,  where  we  saw  many  deer  and  turkeys ; one 
deer  having  very  large  horns  and  great  body,  therefore  called  it  Stag- 
Park. 

It  being  a very  pleasant  and  delightful  place,  we  travelled  in  it  several 
miles,  but  saw  no  end  thereof.  So  we  returned  to  our  boat,  and  pro- 
ceeded down  the  river,  and  came  to  another  place,  some  twenty-five  leagues 
from  the  river’s  mouth  on  the  same  side,  where  we  found  a place  no  less 
delightful  than  the  former;  and,  as  tar  as  we  could  judge,  both  tracts 
came  into  one.  This  lower  place  we  called  Rocky  Point,  because  we 
found  many  rocks  and  stones  of  several  sizes  upon  the  land,  which  is  not 
common.  We  sent  our  boat  down  the  river  before  us,  ourselves  travelling 
by  land  many  miles.  Indeed  we  were  so  much  taken  with  the  pleasant- 
ness of  the  country,  that  we  travelled  into  the  woods  too  far  to  recover 
our  boat  and  company  that  night. 

The  next  day,  being  Sunday,  we  got  to  our  boat ; and  on  Monday,  the 
16th  of  November,  proceeded  down  to  a place  on  the  east  side  of  the  river, 
some  twenty-three  leagues  from  the  harbor’s  mouth,  which  we  calk'd  Tur- 
key Quarters,  because  we  killed  several  turkeys  thereabouts.  We  viewed 


70 


COLON  I AL  RECORDS. 


the  land  there  and  found  some  tracts  of  good  ground,  and  high,  facing 
upon  the  river  about  one  mile  inward;  but  backward,  some  two  miles, 
all  pine  land,  but  good  pasture-ground. 

We  returned  to  our  boat  and  proceeded  down  some  two  or  three  leagues, 
where  we  had  formerly  viewed,  and  found  it  a tract  of  as  good  land  as 
any  we  have  seen,  and  had  as  good  timber  on  it.  The  banks  on  the  river 
being  high,  therefore  we  called  it  High  Land  Point. 

Having  viewed  that  we  proceeded  down  the  river  going  on  shore  in 
several  places  on  both  sides,  it  being  generally  large  marshes,  and  many 
of  them  dry,  that  they  may  more  fitly  be  called  meadows.  The  wood- 
land against  them  is,  for  the  most  part,  pine,  and  in  some  places  as  barren 
as  ever  we  saw  land,  but  in  other  places  good  pasture  ground. 

On  Tuesday,  November  the  17th  we  got  aboard  our  ship,  riding  against 
the  mouth  of  Green’s  River,  where  our  men  were  providing  wood,  and 
fitting  the  ship  for  sea.  In  the  interium  we  took  a view  of  the  countrv 
on  both  sides  of  the  river  there,  finding  some  good  land,  but  more  bad, 
and  the  best  not  comparable  to  that  above. 

Friday  the  20th  was  foul  weather;  yet  in  the  afternoon  we  weighed 
went  down  the  river  about  two  leagues,  and  came  to  an  anchor  against 
the  mouth  of  Hilton’s  River,  and  took  a view  of  the  land  there  on  both 
sides  which  appeared  to  us  much  like  that  at  Green’s  River. 

Monday  the  23d,  we  went  with  our  long-boat,  well  victualled  and 
manned,  up  Hilton’s  River;  and  when  we  came  three  leagues  or  there- 
abouts up  the  same,  we  found  this  and  Green’s  River  to  come  into  one, 
and  so  continued  for  four  or  five  leagues,  which  makes  a great  island 
betwixt  them.  We  proceeded  still  up  the  river  till  they  parted  again ; 
keeping  up  Hilton’s  River,  on  the  larboard  side,  and  followed  the  said 
river  five  or  six  leagues  further,  where  we  found  another  large  branch  of 
Green’s  River  to  come  into  Hilton’s  which  makes  another  great  island. 
On  the  starboard  side  going  up,  we  proceeded  still  up  the  river,  some 
four  leagues,  and  returned,  taking  a view  of  the  land  on  both  sides,  and 
then  judged  ourselves  to  be  from  our  ship  some  eighteen  leagues  W.  and 
by  N in****** 

Proceeding  down  the  river  two  or  three  leagues  further,  we  came  to  a 
place  where  there  were  nine  or  ten  canoes  all  together.  We  went  ashore 
there  and  found  several  Indians,  but  most  of  them  were  the  same  which 
had  made  peace  with  us  before.  We  stayed  very  little  at  that  place  but 
went  directly  down  the  river,  and  came  to  our  ship  before  day. 

Thursday  the  26th  of  November  the  wind  being  at  south  we  could  not 
go  down  to  the  river’s  mouth;  but  on  Friday  the  27th  we  weighed  at  the 


COLONIAL  RECORDS. 


71 


mouth  of  Hilton’s  River,  and  got  down  a league  towards  the  harbor’s 
mouth. 

On  Sunday  the  29th  we  got  down  to  Crane  Island,  which  is  four  leagues 
or  thereabouts  above  the  entrance  of  the  harbor’s  mouth.  On  Tuesday 
the  l8t  of  December,  we  made  a purchase  of  the  river  and  land  of  Cape 
Fair,  of  Wat  Coosa,  and  such  other  Indians  as  appeared  to  us  to  be  the 
chief  of  those  parts.  They  brought  us  store  of  fresh  fish  aboard,  as 
mullets,  shads,  and  other  sorts,  very  good. 

******** 

Whereas  there  was  a writing  left  in  a post,  at  the  point  of  Cape  Fair 
River,  by  those  New  England  men  that  left  cattle  with  the  Indians  there, 
the  contents  whereof  tended  not  only  to  the  disparagement  of  the  land 
about  the  said  river,  but  also  to  the  great  discouragement  of  all  such  as 
should  hereafter  come  into  those  parts  to  settle.  In  answer  to  that  scan- 
dalous writing,  we,  whose  names  arc  underwritten,  do  affirm,  that  we 
have  seen,  facing  both  sides  of  the  river  and  branches  of  Cape  Fair  afore- 
said, as  good  land  and  as  well  timbered  as  anv  we  have  seen  in  any  other 
part  of  the  world,  sufficient  to  accommodate  thousands  of  our  English 
nation,  and  lying  commodiously  by  the  said  river’s  side.  On  Fridav 
the  4th  of  December,  the  wind  being  fair,  we  put  out  to  sea,  bound  for 
Barbadoes;  and  on  the  6th  of  February,  1(563-4,  came  to  an  anchor  in 
Carlisle  Bay — it  having  pleased  God,  after  several  apparent  dangers 
both  bv  sea  and  land,  to  bring  us  all  in  safety  to  our  long  wished  for 
and  much  desired  port,  to  render  an  account  of  our  discovery,  the  veritv 
of  which  we  do  assert. 

ANTHONY  LONG. 
WILLIAM  HILTON. 
PETER  FABIAN. 


1664. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  "20.  p.  17.] 


Edward  Earle  of  Clarendon  Lord  High  Chancellor  of  England,  George 
Duke  of  Albemarle,  Captain  Generali  of  all  his  Majestie’s  Forces,  in  the 
Kingdomes  of  England,  Scotland  and  Ireland,  and  Master  of  the  Horse, 
William  Lord  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley, 


72 


COLONIAL  RECORDS. 


Chancellor  of  the  Exchequer,  Sir  George  ( art ret,  Vice  Chamberline  of 
his  Majestie’s  household,  Sir  William  Berkeley  knight  and  Sir  John 
Colleton  knight  and  Barrouet,  The  trew  and  absolute  Lords  Propryators 
of  all  the  Province  of  Carrolina; 

To  our  Trusty  & well  beloved  Rob1  Samford  Greeting: 

Wee  being  well  assured  of  your  wisdome  prudence  and  integrity,  have 
thought  fitt,  and  doe  by  these  presents  nominate,  constitute  and  appoint 
you  our  Secrytary  and  Chiefe  Register  for  our  County  of  Clarendon  in 
the  Province  aforesaid  hereby  authorizing  you  and  giving  you  full  power 
to  be  present  at  all  meetings,  of  our  Governor  and  Privy  Councell,  of 
the  said  County,  and  to  take  and  keepe,  an  exact  register,  of  all  there  acts, 
orders  and  constitutions,  as  alsoe  to  reoeave  from  our  Surveyor  Generali 
of  the  County  aforesaid  all  certificates  of  Lands,  bv  him  leyed  out  and 
surveyed,  either  for  us  in  particcular,  or  for  any  other  persons  according 
to  warrants  from  our  Governor  and  Councell  or  the  Major  parte  of  them  ; 
and  the  same  certifficates  carefully  to  register  and  fvle  in  your  office,  and 
there  upon  by  virtue  of  such  warrant  as  you  shall  reoeave,  from  our  said 
Governor  and  Councell  or  the  Major  parte  of  them ; to  draw  up  such 
lease  or  leases,  conveyance  or  assurances  of  Land  from  us  and  in  our 
name,  as  shall  accord  with  the  said  Certificate,  and  the  forme  of  Assur- 
ances by  us  prescribed,  which  being  svned  by  our  Governor  and  Councell 
or  Major  parte  of  them,  and  sealed  with  our  Seale  of  the  said  County, 
according  to  our  said  Prescriptions,  you  shall  carefully  inroll  the  same, 
in  your  said  office,  that  recourse  may  be  there  unto  had  on  all  occasions, 
and  these  and  all  other  act  and  acts,  thinge  and  things,  which  doe  and 
shalbe  longe  and  appertayne  to  the  office  of  our  Secretary  and  register 
within  our  said  County,  you  are  faithfully  to  doe  and  performe,  according 
to  such  orders  and  constitutions  as  you  shall  receave  from  us,  or  our 
Governor,  or  our  Governor  and  Councell  or  the  Major  parte  of  them,  to 
the  best  of  your  judgement  and  skill,  and  for  your  doeing  the  same,  or 
anv  of  them,  you  shall  reoeave  such  salleryes,  fees  and  perquisites,  as  by 
us  and  our  Generali  Assembly  of  the  said  County  shalbe  appointed  and 
none  other.  Given  under  our  greate  Seale  of  our  said  Province,  the 
fowerteenth  day  of  November  in  the  veare  of  our  Lord,  one  thousand, 
six  hundred,  sixty  and  lower. 


COLONIAL  RECORDS. 


7:i 


[B.  P.  R.  0.  Col:  Ent:  Book.  No.  20.  p.  17.  18.] 

Edward  Earle  of  Clarendon  Lord  High  Chancellor  of  England, 
George  Duke  of  Albemarle  &c.  The  trew  and  absolute  Lords  Proprya- 
tors  of  all  the  Province  of  Carolina. 

To  our  Trusty  and  well  beloved  John  Vassall,  Greeting; 

Wee  being  well  assured  of  your  wisdome,  prudence  and  integrity,  have 
thought  fitt  and  doe  by  these  presents  nominate,  constitute  and  appoint 
yon  onr  Surveyor  Generali  of  our  County  of  Clarendon  in  the  Province 
aforesaid  by  yourselfe  or  such  as  you  shall  depute  and  appoint  to  ley  out, 
bound  and  survey  all  allotments  of  Land,  Generali  or  particuler,  pub- 
licke  or  private,  wheather  relateing  to  11s  partieculerly  or  to  other  persons 
per  graunte  from  us,  according  to  such  warrants  and  directions  as  you 
shall  from  time  to  time  receave  from  our  Governor  and  Councell  of  our 
said  County  or  the  major  parte  of  them,  as  alsoe  trew  certificates  to  make 
of  the  scituations,  bounds,  quantities  and  Lines  of  all  Lands  soe  leyd  out 
mentioning  the  persons  for  whome,  and  the  order  you  receaved  for  your 
soe  doeing,  which  Certificate  you  shall  direct  to  our  Secrytary,  and  reg- 
ister of  the  said  County  for  the  time  being  that  he  may  enter  and  fvle 
the  same,  and  these  and  all  other  act  and  acts,  tliinge  and  things  which 
doe  or  shall  belong  and  appertayne  to  the  office  of  our  Surveyor  Generali, 
within  the  said  County,  you  are  faithfully  to  doe  and  performe  (accord- 
ing to  such  orders  and  Instructions  as  you  shall  receave  from  us,  or  our 
Governor,  or  our  Governor  and  Councell,  or  the  major  parte  of  them)  to 
the  best  of  your  Judgement  and  skill  and  for  your  doeing  the  same  or 
any  of  them,  you  shall  receave  such  sallerycs,  fees  and  perquisites  as  by 
us  and  our  Generali  Assembly  of  the  said  County  shalbe  appointed  and 
none  other.  Given  under  our  Greate  Seale  of  our  said  Province,  the 
fower  and  twentith  day  of  November,  in  the  yeare  of  our  Lord  16(14. 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  18.  p.  148.] 

AT  THE  COURT  AT  WHITEHALL. 

The  25th  of  November  1664 

Present. 

The  Kings  Most  Excellent  Majesty. 

The  Arch  Bisli : of  Canterb:  Earl  of  Bathe. 

Lord  Treasurer.  Earl  of  Lauderdail. 

6 


74 


COLONIAL  RECORDS. 


Lord  Privy  Seale. 

Duke  of  Buckingham. 
Duke  of  Ormond. 

Lord  Great  Chamberlain. 
Earl  of  Berkshire. 

Earl  of  Anglesey. 


Lord  Bisli : of  London. 
Lord  Wentworth. 

Lord  Berkley. 

Lord  Ashley. 

Mr  Secretary  Ben  net. 

Sr  Edward  Nicholas. 


Whereas  a Petition  was  presented  to  his  Majesty  by  Colonell  Moryson 
Agent  for  the  Colony  of  Virginia  in  the  Name  of  the  governor.,  Coun- 
cell. and  Burgesses  there  giving  an  Account  of  their  proceedings  upon 
his  Matie®  Instructions  for  Commissioners  to  be  nominated  for  the  Plan- 
tations of  Virginia,  and  Maryland  to  meet,  and  hear  of  the  most  conve- 
nient way  of  lessening  the  Quantity  of  Tobacco  in  those  Plantations 
which  being  read  at  the  board  it  was  ordered  the  10th  of  August  last 
that  ve  Lord.  Baltemore,  Lord,  and  Proprietary  of  Maryland*  should 
have  a Copy  of  the  said  petition,  and  both  Partyes  he  heard,  at  the  Board 
the  first  Councell  day  after  Michaelmas,  and  accordinly  upon  the  5th  of 
October  the  said  busines  was  resumed,  and  after  hearing  the  debates  on 
both  sides  their  Lop*  did  then  order  that  the  Lord  Baltemore,  Colonel 
Moryson,  Sr  Henry  Chicheley  Knight,  Edward  Digg’s,  and  John  Jef- 
freys Esq",  and  others  concerned  in  the  Colony  of  Virginia  Should  meet 
to  consider  of,  and  frame  an  Agreement  between  themselves,  and  that  if 
they  could  not  joyntly  agree  thereupon  then  each  party  to  draw  up  dis- 
tinct Proposalls,  and  deliver  them  to  the  Board,  that  the  Lords  Com- 
mittees of  Plantations  might  be  desired  to  meet,  and  consider  thereof, 
and  Report  their  opinions  to  his  Majesty  whereupon  no  Agreement  being 
Settled  between  them,  the  said  Colonell  Moryson,  Sr  Henry  Chicheley, 
Edward  Digg’s,  and  John  Jeffreys  did  upon  the  16th  present  deliver  in 
Proposalls  which  they  conceived  conducible  to  the  good  of  Virginia,  and 
the  Lords  Committees  taking  the  same  into  serious  Consideration  on  the 
19th  Instant,  and  having  fully  heard  the  Lord  Baltemore,  and  Sr  Henry 
Chicheley,  Colonell  Moryson,  Mr  Diggs,  and  Mr  Jeffreys,  touching  the 
• said  Proposalls,  anti  Consulted  with  the  Farmers  of  his  Maties  Customs 
thereupon  their  Lodpa  thought  fitt  humbly  to  represent  to  his  Majesty. 

1.  First,  That  the  Proposal  1 touching  a Cessation,  stint  or  limitation 
of  planting  Tobacco  in  the  saitl  Plantations  is  inconvenient  both  to  the 
Planters  and  to  his  Matl0S  Customes. 

2.  That  the  Proposall  for  limiting  a time  for  Ships  to  return  from 
Virginia  or  Maryland  will  be  prejudicial  both  to  v®  Planters  and  his 
Maties  Customes. 


COLONIAL  RECORDS. 


7o 


3.  For  incouragemcnt  of  Planters  in  the  said  Colonies  to  apply  them- 
selves to  the  Planting  other  Comodities  which  may  be  of  more  benefit 
than  Tobacco,  his  Maty  would  be  pleased  to  permit  that  all  the  Hemp, 
Pitch  and  Tarr  of  the  growth,  Production  or  manufacture  of  Virginia 
and  Maryland,  which  should  be  brought  into  this  Kingdome,  for  the 
space  of  5 years  from  the  date  hereof  might  be  Custome  [free. 

Which  report  being  read  at  the  Board  his  Maty  present  in  Councill, 
and  concurring  in  all  particulars  with  ve  Lords  of  the  said  Committee 
did  order  that  there  should  be  noe  cessation,  stint,  or  limitation  imposed 
on  the  planting  tobacco  in  Virginia,  or  Maryland,  nor  any  time  limited 
for  ships  to  come  from  either  of  those  Plantations,  but  every  trader  thither 
to  be  ffree  to  return  thence  at  his  own  time,  and  as  his  occasions  should 
serve,  and  his  Maty  of  his  Princely  grace  and  favour  being  desirous  to 
give  all  encouragement  to  the  Planters  of  both  Colonies,  did  direct  that 
the  Right  Honble  the  Earl  of  Southampton  Lord  High  Treasurer  of 
England,  and  Lord  Ashley  Chancellor,  and  under  Treasurer  of  the 
Exchequer,  should  give  directions  to  the  officers,  and  ffarmers  of  his 
Majesties  Customes  for  y®  time  being  to  permitt,  and  suffer  all  the  hemp, 
Pitch  and  Tarr,  of  the  growth,  production  and  Manufacture  of  the  said 
Plantacons  of  Virginia  and  Maryland,  that  shall  be  brought  into  the 
Kingdome  during  the  space  of  five  years  from  the  date  hereof  to  be  freely 
imported,  and  unladed  without  demanding  or  reeeiveing  any  Custome,  or 
Imposition  for  the  same.  Provided  that  Care  be  taken  bv  his  Maties 
officers  that  under  pretence  hereof  his  Majesty  be  not  defrauded  of  his 
Dues  and  Customes,  on  anv  Pitch,  Hemp  or  Tarr,  which  is  not  of  the 
growth,  Production,  or  Manufacture  of  these  Plantacons. 

JOHN  NICHOLAS. 


1665. 


[R.  P.  R.  O.  Shaftesbury  Papers.  Rdt.e.  48.  No.  3.] 


Articles  of  Agreement  had  and  made  betweene  Edward  Earle  of  Clar- 
endon Lord  High  Chancellor  of  England  George  Duke  of  Albemarle 
Master  of  his  Majties  Horse  and  Captain  Gen:  of  all  his  Forces,  William 
Lord  Craven  John  Lord  Berkeley  Anthony  Lord  Ashley  Chancellor  of 


l 


7G 


COLONIAL  RECORDS. 


his  Maj*'0*  Exchequer  S1  George  Carteret  K‘  and  Barronet  Vice  Cham- 
berline  of  his  Majt,es  Household  Sr  John  Colleton  K‘  and  Barr0  and  Sr 
Wm  Berkeley  K‘  the  Lords  Propriet”  of  the  Province  of  Carolina  of  the 
one  j>ai*t  And  Majr  Wm  Ycamans  of  Barbados  for  and  on  the  behalfe  of 
Sr  John  Ycamans  Bari’0  his  Father  Collonell  Edmund  Reade  Symon 
Lambert  Niccolas  Edwards  Robert  Gibbs  Samuell  Tidcombe  Henry 
Milles  Thomas  Lake  Tho:  Maycoke  John  Somerhayes  Bartholomew 
Roes  John  Gibbs  Basill  Gibbs  John  Dickenson  Thomas  Gibbs  Benjamin 
Rees  Miles  Scottow  Nathanyell  Meazericke  Bartholomew  Rees  Junor 
John  Arthur  Samuell  Smith  Thomas  Partrige  John  Walice  John  Brent 
John  Godfrey  George  Thompson  Rob1  Williams  Lawrence  Halske  Wm 
Burges  John  Tothill  James  Thorpe  Rolf  Tothill  Wm  Forster  Thomas 
Merricke  John  Merricke  George  Phillips  Edward  Jacobs  Rolf  Hackett 
Benjamin  Waddon  Rolf  Johnston  Thomas  Diekes  Tho:  Clutterhooke 
John  Forster  Will:  Sharpe  John  Ham  John  Start  Mathew  Grey  John 
Ke  rie  Richard  Baily  Edward  Thorneburgh  Thomas  Liston  Anthony 
Long  Thomas  Norvill  Giles  Hall  James  Norvill  Will™  Woodhouse  Jacob 
Scantlebury  Samuell  Lambart  John  Forster  William  Byrdall  Richard 
Barrett  Edward  Yeamans  John  Killicott  Isaac  Lovell  Thomas  Clarke 
John  Woode  John  Bellomv  John  Greenesmith  Rolf  Breoitir  Thomas 
Dowden  Niccolas  Browne  John  Wilson  Rolf  Sinckter  Thomas  Perkins 
James  Thorpe  Rolf  Richards  Benjamine  Hadlut  Christopher  Goupher 
James  Walter  James  Haydensen  Wm  Birdall  Mordecai  Bowden  Juimf 
George  Nore  Humphrey  Waterman  and  himselfe  Adventurers  to  and 
Setlers  of  some  part  of  the  Province  aforesaid  and  of  all  others  that 
shall  adventure  settle  and  plant  in  the  said  Province  of  the  other  part  as 
followeth ; 

Whereas  the  said  Major  William  Yeamans  is  Imployed  to  the  said 
Lords  Propriato”  by  the  persons  above  mentioned  and  by  them  declared 
under  theire  hands  to  be  their  Agent  and  Representative  and  that  they 
have  given  him  full  power  to  treate  propose  and  conclude  with  the  said 
Lords  about  all  matters  relating  to  that  which  they  have  allready  done 
as  alsoe  to  what  shalbe  necessary  and  convenient  to  be  done  obligeing 
themselves  and  their  posterityes  to  accept  of,  stand  to,  and  abide  by  what- 
soever the  said  Majo*  William  Yeamans  shall  conclude  of  and  agree  upon 
in  relation  to  the  Setlement  of  Carolina  or  any  parte  thereof,  Now  in 
pursuance  of  the  power  &<•  given  to  the  said  Major  W™  Yeamans  by  the 
parties  above  mentioned.  These  present  Articles  doe  witnes  And  it  is 
covenanted  graunted  and  agreed  by  and  between  the  said  partves  as  fol- 
loweth, 


COLONIAL  RECORDS. 


77 


Impns  The  said  Lords  for  their  parts  their  heires  Execut”  and  Ad- 
ministrat”  doe  covenant  and  promise  to  performe  fulfill  and  keepe  all 
the  Concessions  and  particulers  that  are  to  bee  by  them  performed  and 
keept  menconed  in  the  Concession  and  agreemts  hereunto  annext  contayn- 
ing  the  man'  of  Government  wth  severall  Imunities  and  priviledges 
granted  to  all  such  persons  as  shall  goe  or  send  to  plant  or  as  are  already 
planted  in  the  respective  Countyes  or  Collonys  in  these  Province  of 
Carolina. 

Item  The  Lords  doe  further  covenant  and  promis  that  they  will  cause 
to  be  shipt  before  the  first  day  of  February  next  twelve  peeces  of  Ordi- 
nance with  Carrages  Saddles  Spunges  and  sliott  convenient  and  necessary 
and  twenty  barrels  of  powder  one  hundred  fierlocks  and  one  hundred 
Matchlocks  wth  Leade  and  Bullets  fitting  as  alsoe  two  hundred  pare  of  Ban- 
dalyers  for  y*  Armeing  and  Providing  of  a Foart  to  be  erected  and  built 
neare  Port  Royall  or  neare  some  other  harbour  River  or  Creeke  whose 
mouth  or  Entrance  is  Southward  or  Westward  of  Cape  Romania  in  the 
Province  aforesaid  by  the  Respective  Adventurers  before  menconed  or  by 
any  others  under  their  Authority. 

Item  The  Lords  doe  further  covenant  that  every  one  of  the  Adven- 
turers of  the  Island  of  Barbados  and  their  associates  of  England  New 
England  the  Leward  Islands  and  Barmothos  that  hath  subscribed  and 
paid  or  shall  subscribe  and  pay  within  forty  days  after  notice  of  this  in 
the  Barbados,  and  the  other  places  unto  the  Treasurer  or  Treasurers  ap- 
pointed or  to  be  appointed  bv  the  Comittee  choosen  or  to  be  choosen  by 
the  adventurers  that  are  or  shalbe  to  receave  the  same  for  the  defraying 
the  charge  of  carrying  people  that  cannot  pay  for  the  transportation  of 
themselves  to  port  Royall  or  some  Harbour  River  or  Creeke  whose  mouth 
or  Entrance  is  to  the  Southward  or  westward  of  Cape  Romania  and  for 
y®  making  of  some  Fortification  therefor  and  towards  a setlement  of  those 
and  other  people  in  that  place,  and  for  other  Nessessary  Charges  concern- 
ing the  setlement  aforesaid  And  shall  send  such  proportions  of  men  Armed 
and  provided  as  their  owne  Comittee  shall  agree  upon  in  the  first  ship  or 
shipes  that  shalbe  sett  forth  to  begin  a setlement  there,  shall  have  Graunted 
to  them  and  their  heirs  for  ever  for  every  thousand  pound  of  sugar  sub- 
scribed and  paid  five  hundred  acres  of  land  and  soe  in  proportion  for  a 
greater  or  lessor  some  subscribed  and  paid  as  aforesaid  to  be  taken  up 
within  five  years  after  the  date  hereof  and  settled  as  other  Lands  are  to 
be  setled  viz1  with  an  able  man  Armed  with  a good  Firelocke  boare 
twelve  Bullets  to  the  pound  Tenn  pounds  of  powder  and  twenty  pounds 
of  Bullets  with  six  Monthes  provision  within  one  yeare  after  y*  takeing 


78 


COLON!  A I , RECO R I)S. 


up  of  the  said  Land  which  Land  shalbe  taken  up  to  the  South  or  West- 
ward of  Cape  Romania  and  by  Lotts  as  is  proposed  and  prescribed  in 
the  Generali  Concessions  and  Agreements  concerning  the  setlement  of  the 
respective  Countyes  in  the  said  Province  And  shall  pay  one  halfe  penny 
ster*  for  every  acre  English  measure  yearely  in  manor  as  in  the  Conces- 
sions hereunto  annexed. 

Item  The  Lords  doe  further  covenant  and  promis  that  whoever  shall 
goe  or  send  in  the  first  Fleete  wth  ('oil : John  Yeamans  he  fay  ling  with 
the  first  Govern1  or  Deputy  Govern1,  shall  have  for  his  own  head  one 
hundred  and  fifty  acres  of  land  to  him  and  his  heires  for  ever  English 
measure  And  for  every  able  man  servant  he  or  shee  shall  carry  or  send 
armed  and  provided  as  aforesaid  one  hundred  and  fifty  acres  of  land  like 
measure,  and  to  every  such  servant  after  the  expiration  of  his  or  their 
time  seaventy  five  acres  of  Land  to  be  taken  up  by  Lots  as  aforesaid  in 
the  place  before  mentioned  And  to  every  other  Sarv*  that  shall  there  goe  af- 
ter the  first  fleete  such  quantyties  as  in  the  Generali  Declaration  is  exprest, 
upon  which  hundred  and  fifty  acres  of  land  he  shalbe  obliged  to  keepe 
one  able  man  and  noe  more  and  in  fayler  thereof  to  forfeite  the  same  as 
in  the  Generali  Concessions  and  agreement  is  exprest  for  which  land 
there  shalbe  reserved  yearlie  to  the  Lords  their  heires  and  assignes  one 
halfe  penny  ^ acre  English  measure  to  be  paid  in  manner,  as  for  other 
Lands  in  the  Concessions  mentioned. 

In  consideration  whereof 

The  said  Majr  Will : Yeamans  doth  covenant  as  well  on  the  behalfe 
of  his  Father  Sr  John  Yeamans  Bar0  and  of  Coll : Edmund  Reade  and 
of  all  the  adventurers  settlers  and  planters  before  exprest  anti  of  all 
others  that  shall  adventure  setle  and  plant  as  of  himselfe  that  they  shall 
for  their  pte  perform  fulfill  and  keepe  all  ye  the  particulers  that  are  to 
bee  by  them  performed  mentioned  in  the  Concessions  and  Agreement 
hereunto  annexed  And  that  there  shall  be  provided  before  the  last  day 
of  September  next  two  shippes  of  one  hundred  and  twenty  tonus  each 
of  them  at  least  with  Ordinance  convenient  in  each  sliipp  and  with  pow- 
der shott  and  provisions  necessary  for  the  transportation  of  such  persons 
as  cannot  pay  for  the  passage  of  themselves  to  the  Southward  of  Cape 
Romania  there  to  setle  and  plant  and  to  erect  a foart  and  in  it  to  plant 
the  Artilliry  sent  by  the  Lords  aforesd  for  the  retreate  and  preservation  of 
the  first  settlers  and  of  those  that  shall  follow  In  witness  of  truth  the 
said  Majr  Wm.  Yeamans  hath  hereunto  set  his  hand  and  Seale  this  sev- 
enth day  of  January  In  the  sixteenth  yeare  of  his  Majt,es  ravne  Anno. 
Dom : 1 664. 


COLONIAL  RECORDS. 


79 


The  Concessions  and  Agreement  of  the  Lords  Propryators  of  the 
Province  of  Carolina  to  and  with  the  adventurers  of  the  Island  of 
Barbados  and  their  associates  of  England  New  England  the  Carrib- 
bia  Islands  and  Barmothos  to  the  Province  of  Carolina  and  all  that 
shall  plant  there  In  order  to  the  setling  and  planting  of  the  Countye  of 
Clarendine  the  County  of  Albemarle  and  the  County  which  latter 

is  to  bee  to  the  southward  or  westward  of  Cape  Romania  all  within  the 
Province  aforesaid. 

1.  Imp"8  Wee  doe  consent  and  agree  that  the  Governor  of  each  County 
hath  power  by  the  advice  of  his  Council  1 to  depute  one  in  his  place  and 
Authority  in  case  of  death  or  removal]  to  continue  untill  our  further 
order  unless  wee  have  commissionated  one  before. 

2.  Item  That  he  hath  likewayes  power  to  make  choyce  of  and  to  take 
to  him  six  Councillors  at  least  or  twelve  at  moast  or  any  even  Number 
between  six  and  twelve  with  whose  advice  and  consent  or  with  at  least 
three  of  the  six  or  fower  of  a greater  Number  all  being  sumoned  he  is  to 
govern  according  to  the  Lymitacons  and  Instructions  following  during 
our  pleasure; 

3.  Item  That  the  chiefe  Registers  or  Secretary^  which  wee  have 
chosen  or  shall  chuse  wee  fay  ling  that  hoc  shall  chuse  shall  keepe  exact 
enteryes  in  faire  bookes  of  all  publicke  atfares  of  the  said  Countyes  and 
to  avoyde  deceiptes  and  lawsuits  shall  record  and  enter  all  Graunts  of 
Land  from  the  Lords  to  the  planter  and  all  conveyances  of  Land  howse 
or  howses  from  man  to  man,  As  alsoe  all  leases  for  Land  howse  or  howses 
made  or  to  be  made  by  the  Landlord  to  anv  tennant  for  more  than  one 
yeare  which  conveyance  or  Lease  shalbe  first  acknowledged  by  the 
Grant1  or  Leaso*'  or  proved  by  the  oath  of  two  witnesses  to  the  convey- 
ance or  Lease  before  the  Governor  or  some  Chiefe  Judge  of  a Court  for 
the  time  being  whoe  shall  under  our  hand  us  grant  upon  the  backside  of 
the  said  deede  or  Lease  attest  the  acknowledgement  or  p route  as  afore- 
said which  shalbe  our  grant  for  the  Registers  to  record  the  same  which 
Conveyance  or  Lease  soe  recorded  shalbe  good  and  effeefliall  in  Law  not- 
withstanding any  other  conveyance  deede  or  Lease  for  the  said  Land 
howse  or  howses  or  for  any  part  there  although  dated  before  the  Convey- 
ance deede  or  Lease  soe  recorded  as  aforesaid  And  the  said  Registers 
shall  doe  all  other  thing  or  things  that  wee  by  our  Instructions  shall 
direct  and  v®  Governors  Councell  and  Assembly  shall  ordaine  for  the 
good  and  wellfaire  of  the  said  Countyes  ; 

4.  Item  That  the  Surveyor  Gen11  that  wee  have  chosen  or  shall  chuse 
wee  fayling  that  the  Governor  shall  chuse,  shall  have  power  by  himself 


80 


COLONIAL  RECORDS. 


or  Deputy  to  survey  ley  out  and  bound  all  such  Lands  as  shalbe  granted 
from  the  Lords  to  the  Planters  (and  all  other  Lands  within  the  said 
Countyes  &c  which  may  concerne  particular  men  as  he  shalbe  desired  to 
doe)  And  a particuler  thereof  certifie  to  the  Registers  to  be  recorded  as 
aforesaid  Provided  that  if  the  said  Registers  and  Surveyors  or  either  of 
them  shall  soe  misbehave  themselves  as  that  the  Governor  and  Councill 
or  Deputy  Governor  and  Councill  or  the  majr  pte  of  them  shall  finde  it 
reasonable  to  suspend  their  Actings  in  their  respective  Deployments  it 
shalbe  lawfull  for  them  soe  to  doe  untill  further  order  from  us; 

5.  Item  That  all  clause  of  officers  made  by  the  Governor  shalbe  for 
noe  longer  time  then  during  our  pleasure; 

(>.  Item  That  the  Governors  Councillors  Assemblymen  Secretarys 
Surveyors  and  all  other  officers  of  trust  shall  sware  or  subscribe  (in  a 
booke  to  be  provided  for  that  purpose)  that  they  will  bare  trew  alleagance 
to  the  King  of  England  his  heires  and  successors  and  that  they  wilbe 
faith  full  to  the  Interest  of  the  Lords  Propryat"  of  the  said  Province  and 
their  heires  executors  and  assignes  and  endeavor  the  peace  and  wellfaire 
of  the  said  Province  and  that  they  will  trewly  and  faithfully  discharge 
their  respective  trusts  in  their  respective  offices  and  doe  equall  justice  to 
all  men  according  to  their  best  skill  and  j udgm1  without  corruption  favor 
or  affection,  and  the  names  of  all  that  have  sworne  or  subscribed  to  be 
entred  in  a booke;  And  whosoever  shall  subscribe  and  not  sware,  and 
shall  vyolate  his  promis  in  that  Subscription  shalbe  lvable  to  the  same 
punishnf  that  the  persons  are  or  may  be  that  have  sworne  and  broken 
their  oathes; 

7.  Item  That  all  persons  that  are  or  shal become  subjects  to  the  King 
of  England  and  sware  or  subscribe  allegiance  to  the  King  and  faithful- 
ness to  the  Lords  as  above  shalbe  admitted  to  plant  and  become  freemen 
of  the  Province  and  enjoy  the  freedomes  & Imunityes  hereafter  exp  rest 
untill  some  stop  or  Contradiccon  be  made  by  us  the  Lords  or  else  by  the 
Governor  Councill  and  Assembly  woh  shalbe  in  force  untill  the  Lords  see 
Cause  to  the  Contrary  provided  y*  such  stop  shall  not  anywayes  preju- 
dice y®  right  or  Continewance  of  any  person  that  hath  beene  recd  before 
such  stop  or  order  come  from  the  Lords  or  Gen11  Assembly. 

8.  Item  That  noe  person  or  persons  quallifyed  as  aforesaid  within  the 
Province  or  all  or  any  of  the  Countyes  before  exprest  at  any  time  shalbe 
anywayes  molested  punished  disquieted  or  called  in  question  for  any  dif- 
ferences in  opinion  or  practice  in  matters  of  religious  concernment  whoe 
doe  not  actually  disturbe  the  civill  peace  of  the  said  Province  or  Coun- 
tyes but  that  all  and  every  such  person  and  persons,  may  from  time  to 


COLONIAL  RECORDS. 


81 


time  anti  at  all  times  freely  and  fully  have  and  enjoye  his  and  their  judg- 
ments and  contiences  in  matt”  of  religion  throughout  all  the  sd  Province 
they  behaving  themselves  peaceably  and  quietly  and  not  using  this  lib- 
erty to  Lycentiousness  nor  to  the  Civ  ill  Injury  or  outward  disturbance 
of  others,  any  Law  statute  or  clause  contevned  or  to  be  conteyned  usage 
or  custom  of  this  realme  of  England  to  the  contrary  hereof  in  anywise 
notwthstanding. 

9.  Item  That  noe  pretence  may  be  taken  bv  us  our  lieires  or  assignee 
for  or  by  reason  of  or  right  of  patronage  and  powr  of  advowson  graunted 
unto  us  by  his  Majties  Letters  pat-tents  aforesaid  to  infringe  thereby  ye 
Gen11  clause  of  Liberty  of  Contience  aforemenconed  We  doe  hereby 
graunt  unto  the  Gen'1  asseniblyes  of  ye  sev"  Countyes  power  by  act  to 
constitute  and  appoint  such  and  soe  many  Ministers  or  preach”  as  they 
shall  tliinke  fitt,  and  to  establish  their  maintenance  Giving  Liberty  be- 
sides to  any  person  or  persons  to  keepe  and  mainteyne  w‘  preachers  or 
Ministers  they  please. 

10.  Item  That  the  inhabitants  being  freemen  or  cliiefe  agents  to  others 
of  y6  Countyes  aforesd  doe  as  soone  as  this  our  Comission  shall  arrive 
by  virtue  of  a writt  in  our  names  by  the  Governor  to  be  for  v®  present 
(untill  our  seale  comes)  sealed  and  synod  make  choice  of  twelve  Deputves 
or  representatives  from  amongst  themselves  whoe  being  chosen  are  to 
joyne  with  him  the  sd  Governor  and  Council!  for  the  makeing  of  such 
Lawes  Ordinances  and  Constitutions  as  shalbe  necessary  for  the  present 
good  and  welfare  of  the  severall  Countyes  aforesd  but  as  soone  as  Par- 
ishes Divisions  tribes  or  districcons  of  y®  said  Countyes  arc  made  that 
then  ye  Inhabitants  or  Freeholders  of  the  sev"  and  respective  Parishes 
Tribes  Devisions  or  Districcons  of  the  Countyes  aforesd  doe  (by  our 
writts  under  our  Seale  wch  wee  Ingage  shalbe  in  due  time  issued)  annu- 
ally meete  on  v6  first  day  of  January  and  chuse  freeholders  for  each 
respective  denizon  Tribe  or  parish  to  be  y®  Deputves  or  representatives 
of  y®  same,  which  body  of  Representatives  or  ye  Majr  parte  of  them  shall 
wth  the  Governor  and  Couneill  aforesd  by  y®  Gen”  Assembly  of  the 
County  for  which  they  shalbe  chosen,  the  Governor  or  his  Deputy  being 
present  unless  they  shall  wilfully  refuse  in  woh  ease  they  may  appoint 
themselves  a president  during  the  absence  of  the  Governor  or  his  Dep- 
uty Governor. 

Which  Asseniblyes  are  to  have  power. 

1.  Item  To  appoint  their  own  times  of  meeting  and  to  adjorne  their 
sessions  from  time  to  time  to  such  times  and  places  as  they  shall  tliinke 


82 


COLONIAL  RECORDS. 


Convenient  as  alsoe  to  ascertaine  y®  Number  of  their  Quorum  Provided 
that  such  numbers  be  not  less  than  y®  third  pte  of  the  whole  in  whomeor 
more  shalbe  v®  full  power  of  the  Generali  Assembly  (viz1) 

2.  Item  To  enact  and  make  all  such  Lawes  Acts  and  Constitutions  as 
shalbe  necessary  for  the  well  Goverment  of  v®  County  for  wch  they 
shalbe  chosen  and  them  to  repeale  provided  that  the  same  lx;  consonant 
to  reason  and  as  near  as  may  be  conveniently  agreable  to  the  Lawes  and 
Customes  of  his  Majtie8  Kingdom  of  England  provided  alsoe  that  they 
be  not  against  y®  Interest  of  11s  the  Lords  Proprvators  our  heires 
or  assignes  nor  any  of  these  our  present  concessions  Espetially  that  they 
be  not  against  the  Article  for  Liberty  of  Contience  abovemenconed, 
which  Lawes  &c  soe  made  shall  receave  publication  from  the  Governor 
and  Council  1 (but  as  the  Lawes  of  us  and  our  Gen"  Assembly)  and  be  in 
force  for  the  space  of  one  yeare  and  a halfe  and  noe  more;  Unless  con- 
tradicted bv  the  Lords  Proprvators  within  which  time  they  are  to  be 
presented  to  us  our  heires  &c,  for  our  ratification  and  being  confirmed  by 
us  they  shalbe  in  continuall  force  till  expired  by  their  owne  Limitation 
or  by  Act  of  Repeale  in  like  manner  as  aforesd  to  be  passed  and  con- 
firmed; 

3.  Item  by  act  as  aforesd  to  constitute  all  Courts  for  there  respective 
Countyes,  togeather  wth  v®  Lvmitts  powers  and  jurisdiccons  of  y®  said 
Courts  as  alsoe  y®  severall  offices  & Number  of  Officers  belonging  to  each 
of  the  sd  respective  Courts  togeather  with  there  severall  and  respective 
salleryes  fees  and  perquisites  Theire  appellations  and  dignities  with  the 
penalltyes  that  shalbe  due  to  them  for  breach  of  their  severall  and 
respective  dutves  and  Trusts. 

4.  Item  by  act  as  aforesd  to  ley  equall  taxes  and  assessments  equally 
to  rayse  moneyes  or  goods  upon  all  Lands  (excepting  the  lands  of  us  the 
Lords  Proprvators  before  setling)  or  persons  within  the  severall  precincts 
Hundreds  Parishes  Manors  or  whatsoever  other  denizions  shall  hereafter 
be  made  and  established  in  y®  said  Countyes  as  oft  as  necessity  shall  re- 
quire and  in  such  manner  as  to  them  shall  seeme  most  equall  and  easve 
for  y®  sd  Inhabitants  in  order  to  the  better  supporting  of  the  publicke 
Charge  of  the  said  Goverment,  and  for  the  mutuall  safety  defence  and 
security  of  v®  Countyes. 

5.  Item  by  act  as  aforesd  to  erect  within  v®  said  Countyes  such  and  soe 
many  Barronyes  and  Manors  with  their  necessary  Courts,  jurisdiccons 
freedomes  and  priviledges  as  to  them  shall  seeme  convenient,  as  alsoe  to 
devide  y®  sd  Countyes  into  Hundi’eds  Parishes  Tribes  or  such  other  deni- 
zions and  districoons  as  they  shall  thinke  fitt  and  the  said  Divisions  to 


COLONIAL  RECORDS. 


83 


distinguish  by  what  names  we  shall  order  or  direct,  and  in  default  thereof 
by  such  Names  as  they  please  As  alsoe  within  any  part  of  ve  said  Coun- 
tyes to  create  and  appoint  such  and  soe  many  ports  harbours  Creekes  and 
other  places  for  ve  convenient  ladeing  and  unlading  of  goods  and  mer- 
chandize out  of  shipps,  boates  and  other  vessells  as  they  shall  see  expe- 
dient with  such  jurisdictions  priviledges  and  francheses  to  such  ports  Ac 
belonging  as  they  shall  judge  most  convenient  to  the  gen1  good  of  ye  said 
plantation  or  Countyes. 

6.  Item  by  these  enacting  to  be  confirmed  as  aforesd  to  erect  rayse  and 
build  within  the  sd  Countyes  or  any  part  thereof  such  and  soe  many 
Forts  Fortresses  Castles  Cittyes  Corporations  Borroughs  Townes  Villages 
and  other  places  of  strenkt  and  defence  and  them  or  any  of  them  to  in- 
corporate with  such  Charters  and  priviledges  as  to  them  shall  seeme  good 
and  our  Charter  will  permit  and  the  same  or  any  of  them  to  fortifie  and 
furnish  with  such  Proportions  of  ordinance  powder  shott  Armor  and  all 
other  weapons  Ammunition  and  Habillaments  of  warr  both  offensive  and 
defensive  as  shalbe  thought  necessary  and  convenient  for  the  safety  and 
welfare  of  ye  sd  Countyes.  but  they  may  not  at  any  time  demolish  dis- 
mantle or  disfurnish  the  same  without  the  consent  of  the  Governor  and 
the  Major  parte  of  the  Councill  of  the  County  where  such  Forts  Fort- 
resses &c.  shalbe  erected  and  built ; 

7.  Item  by  act  as  afores*  to  constitute  trayne  bands  and  Companys 
with  the  number  of  souldiers  for  the  safety  strength  and  defence  of  the 
said  Countyes  and  Province  and  of  the  Forts  Castles  Cittyes  Ac  to  sup- 
press all  meutinyes  and  Rebellions.  To  make  warr  offensive  and  defen- 
sive with  all  Indians  Strangers  and  Foreigners  as  they  shall  see  cause 
and  to  persue  an  Enemy  bv  sea  as  well  as  by  land  if  need  be  out  of  ye 
Lymitts  and  Jurisdiccons  of  v®  sd  County  with  the  perticculer  consent  of 
the  Governor  and  under  the  Conduct  of  our  Lent:  Gen:  or  Comander 
in  Chiefe  or  wliome  he  shall  appoint. 

8.  Item  by  act  as  aforesd  to  give  unto  all  strangers  as  to  them  shall 
seeme  meete  a Naturalizion  and  all  such  freedomes  and  priviledges  within 
the  sd  Countyes  as  to  his  Maj"es  subjects  doe  of  right  belong  they  swear- 
ing- or  subscribing  as  aforesd  woh  said  strangers  soe  naturallized  and  priv- 
iledged  shall  alsoe  have  the  same  Ifnunitycs  from  Customes  as  is  granted 
by  the  Kinge  to  us  and  by  us  to  v®  said  Countyes  and  shall  not  be  lyable 
to  any  other  Customes  then  the  rest  of  his  Majtie®  subjects  in  the  sd  Coun- 
ties are  but  be  in  all  respects  accompted  in  the  Province  and  Countyes 
aforesaid  as  the  King’s  naturall  subjects. 


84 


COLONIAL  RECORDS. 


9.  Item  by  act  as  aibre»a  to  prescribe  y®  quantityes  of  land  which 
shalbe  from  time  to  time  alotted  to  eavery  head  free  or  Sarv‘  male  or 
female  and  to  make  and  ordaine  Rules  for  the  easting  of  Lotts  for  Land 
and  leying  out  of  y®  same  provided  y*  these  doe  hot  their  said  prescrip- 
tions exceed  v®  severall  proportions  which  are  hereby  graunted  bv  us  to 
all  persons  arriveing  in  y®  s'1  Countyes  or  adventuring  theither; 

10.  Item  the  Gen"  Assembly  by  act  as  aforesd  shall  make  provision 
for  the  maintenance  and  Support  of  the  Governor  and  for  the  defraying 
of  all  necessary  Charges  of  the  Goverment  as  alsoe  that  the  Constables 
of  the  respective  Countyes  shall  collect  the  halfe  penny  ^ acre  payable 
to  y®  Lords  in  theire  Countyes  and  pay  y®  same  to  v®  receavor  yl  y®  Lords 
shall  appoint  to  receave  the  same  unless  y®  sd  Generali  Assembly  shall 
prescribe  some  other  way  whereby  the  Lords  may  have  their  rents  duelv 
collected  wthout  charge  or  trouble  to  them. 

11.  Lastly  to  enact  constitute  and  ordaine  all  such  other  Lawes  aetes 
and  constitutions  as  shall  or  may  be  necessary  for  the  good  prosperity 
and  setlement  of  y®  said  Countyes  excepting  w‘  by  these  presents  are 
excepted  and  conformeing  to  Limitations  herein  exprest. 

The  Governors  are  with  theire  Couneill  before  exprest : 

1.  Item  to  see  that  all  Courts  established  by  the  Lawes  of  y®  Gen" 
Assembly  and  all  Ministers  and  officers  Civill  or  Military  doe  and  exe- 
cute their  severall  dutyes  and  offices  respectively  according  to  the  Lawes 
in  force  and  to  punish  them  from  swerveing  from  the  Lawes  or  acting 
contrary  to  their  trust  as  the  nature  of  their  offence  shall  require. 

2.  Item  according  to  the  constitutions  of  the  Gen"  Assembly  to  nom- 
inate and  comissionate  the  severall  Judges,  Members  and  Officers  of 
Courts  wheither  Majistraticall  or  Ministeriall  and  all  other  civill  officers 
as  Justices  Coroners  &c  the  Comissions  and  powers  and  Priviledges  to 
revoake  at  pleasure  provided  that  they  appoint  none  but  such  as  are 
freeholders  in  the  Countyes  aforesd  unless  the  Generali  Assembly  con- 
sent ; 

3.  Item  according  to  the  Constitutions  of  the  Gen"  Assembly  to  ap- 
point Courts  and  officers  in  Cases  Cryminall  and  to  impower  them  to 
inflict  pcnaltves  upon  offenders  against  any  of  the  Lawes  in  force  in  y® 
said  Countyes  as  y®  said  Lawes  shall  ordaine  wheither  by  flue  Imprison- 
ment Banishnfl  corporall  punishm4  or  to  v®  taking  away  of  member  or 
of  Life  itselfe  if  there  be  cause  for  it. 

4.  Item  to  place  officers  and  soldiers  for  the  safety  strenkt  and  defence 
of  the  Forts  Castles  Cittyes  Ac  according  to  y®  number  appointed  by 
the  Gen"  Assembly  to  nominiate  place  and  comissionate  all  millitary 


COLONIAL  RECORDS. 


85 


officers  under  ye  dignity  of  ye  Lent : Gen11  whoe  is  comissionated  by  us, 
over  the  sev11  trayned  bands  and  Companys  constituted  by  y®  Gen11  As- 
sembly as  Collonels  Capts:  &c  and  tlieire  comissions  to  revoake  at  pleas- 
ure, y®  Lent:  Gen:  with  the  advice  of  his  Couneill  unless  some  present 
danger  will  soe  permitt  him  to  advize  to  muster  and  trayne  all  y®  soldiers 
wthin  the  said  County  or  Countyes  to  prosecute  warr  persue  an  Enemy 
suppress  rebel'ions  and  mewtinies  as  well  by  sea  as  Land  and  to  exercise 
the  whole  Millitia  as  fully  as  by  our  Letters  pattents  from  the  kinge  wee 
can  impower  him  or  them  to  doe  Provided  y*  they  appoint  noe  Military 
officers  but  w*  are  freeholders  in  the  sd  Countyes  unless  y®  Gen11  Assembly 
shall  consent ; 

5.  Item  where  they  see  cause  after  condemnation  to  reprieve  untill  the 
Case  may  be  presented  with  a Coppy  of  v®  whole  tryall  proceedings  and 
proofes  to  ye  Lords  who  will  accordingly  eather  pardon  or  comand  exe- 
cution of  y°  sentence  on  y®  offender  who  is  in  ye  meane  time  to  be  kept 
in  safe  custody  till  the  pleasure  of  ye  Lords  be  knowne 

6.  Item  in  case  of  death  or  other  removall  of  any  of  the  representa- 
tives within  the  yeare  to  issue  summons  by  writt  to  ye  respective  division 
or  divisions  for  which  he  or  they  were  chosen  comanding  the  freeholders 
of  y®  same  to  chuse  others  in  their  steade ; 

7.  Item  to  make  warrants  and  to  seale  Grants  of  Land  according  to 
theis  our  Concessions  and  the  prescriptions  by  y®  advice  of  y®  Gen"  As- 
sembly in  such  forme  as  shalbe  at  large  set  down  in  our  Instrucons  to  y® 
Governor  in  his  Comission  and  which  are  hereafter  expressed. 

8.  Item  to  act  and  doe  all  other  thing:  or  things  v‘  mav  conduce  to  v® 
safety  peace  and  well  Government  of  v®  said  Countyes  as  they  shall  set* 
fitt  soe  as  they  be  not  contrary  to  y®  Lawes  of  y®  Countyes  aforesaid ; 

For  the  better  security  of  the  proprieties  of  all  the  Inhabitants 

1.  Item  They  are  not  to  impose  nor  suffer  to  be  imposed  any  tax  Cus- 
tome  Subsidy  Tallage  Assesment  or  any  other  duty  whoever  upon  any 
Culler  or  pretence  upon  y®  sd  County  or  Countyes  and  the  Inhabitants 
thereof  other  then  what  shalbe  imposed  bv  v®  Authority  and  consent  of 
y®  Generali  Assembly  and  then  only  in  manner  as  aforesaid; 

*2.  Item  they  are  to  take  care  y®  land  quietly  held  planted  and  pos- 
sessed seaven  yeares  after  its  being  first  duelv  surveyed  by  the  Surveyor 
Generali  or  his  order  shall  not  be  subject  to  any  review  resurvey  or  altera- 
tion of  bounds  on  w‘  pretence  soever  or  by  any  of  us  or  any  offiers  or 
Ministers  under  us. 

8.  Item  they  are  to  take  care  y‘  noe  man  if  his  Catle  straye  range  or 
graze  on  any  ground  wthin  the  sd  Countyes  not  actually  appropryated  or 


80 


COLONIAL  RECORDS. 


sett  out  to  particular  persons  shalbe  lyable  to  pay  any  trespass  for  y®  same 
to  us  our  heires  &c  Provided  yl  Custom e of  Coitions  be  not  thereby  pre- 
tended  to;  nor  any  person  liindred  from  taking  up  and  appropriating 
any  Lands  soe  grazed  upon  and  y‘  noe  person  purposely  doe  suffer  his 
Catle  to  graze  on  such  land. 

4.  Item  it  is  our  will  and  desire  that  y®  Inhabitants  of  y®  said  Countyes 
and  adventurers  theither  shall  enjove  all  the  same  Imunityes  from  Cus- 
tomes  for  exporting  certine  goods  from  these  Realmes  of  England  &c 
theither  a&y®  Kinge  hath  been  graciously  pleased  to  graunt  to  usasalsoe 
for  y®  Incorragement  of  y®  Manufact”  of  wine  silke  oyle  ollives  fi  nite 
almonds  &c.  mentioned  in  the  pattent  have  priviledge  for  bringing  them 
Custome  free  into  any  of  his  Majt,es  dominions  for  v®  same  time  and  upon 
y®  same  tearmes  as  we  ourselves  may  by  our  Pattent. 

And  that  the  planting  of  the  Countyes  afores4  may  bee  the  more 
speedily  promoted : 

1.  Item  The  Governors  are  to  take  notice  that  wee  doe  hereby  graunt 
unto  all  persons  whoe  have  already  adventured  to  Carolina  or  shall  trans- 
port themselves  or  Sarvts  before  ye  first  day  of  January  which  shalbe  in 
y®  yeare  of  our  Lord  one  thousand  six  hundred  sixty  five  theis  fol- 
lowing proportions  of  land  viz1  if  to  y®  County  of  Clarendon  one  hun- 
dred acres  English  measure  to  every  freeman  and  as  much  to  his  wife  if 
hee  have  one  And  to  every  freewoman  v‘  already  is  or  shall  arrive  into 
y®  s4  County  with  a Sarv‘  or  Sarvts  to  plant  within  y®  Province  afores4 
one  hundred  acres  like  measure  To  a Mast®  or  Mistres  for  every  able 
man  Sarv‘  he  or  shee  hath  brought  or  sent  or  shall  bring  or  send  as  afores4 
being  each  of  them  armed  with  a good  firelocke  or  Matchlocke  boare 
twelve  bullets  to  the  pound  ten  pounds  of  powder  and  twenty  pounds  of 
bullets  wth  Match  proportionable  and  victualled  for  six  monthes  fifty  acres 
of  like  measure  for  every  weaker  Sarv®  hee  or  shee  hath  brought  or  sent 
or  shall  bringe  or  send  as  afores4  as  woemen  children  and  slaves  above 
y®  age  of  fowerteene  yeares,  And  fifty  acres  like  measure  for  every  Chris- 
tian SaiV  y‘  is  brought  or  sent  within  y®  s4  time  to  his  or  her  proper  use 
and  behoofe  when  their  time  of  servitude  is  expired ; 

2.  Item  to  every  freeman  and  freewoman  y‘  shall  arrive  in  y®  s4  County 
armed  and  provided  as  afores4  within  the  second  yeare  from  y®  first  daie 
of  January  one  thousand  six  hundred  sixty  five  to  y®  first  of  January 
one  thousand  six  hundred  sixty  six  with  an  intention  to  planting  seaventy 
five  acres  of  Land  and  seaventy  acres  for  every  able  man  Sarv*  that  lie  or 
they  shall  carry  or  send  armed  and  provided  as  aforesaid : 


COLONIAL  RECORDS. 


87 


3.  Item  for  every  weaker  sarvant  or  slave  adged  as  aforesd  y*  shalbe 
carryed  or  sent  theither  within  y®  second  yeare  as  aforesd  forty  acres  of 
Land  To  every  Christian  sarvant  y*  shall  arrive  y®  second  yeare  forty 
acres  of  Land  of  like  measure  after  ve  expiration  of  his  servitude. 

4.  Item  to  every  freeman  or  freewoman  armed  and  provided  as  aforesd 
y*  shall  goe  and  arrive  with  an  intention  to  plant  within  y®  third  yeare 
from  January  one  thousand  six  hundred  sixty  six  to  January  one  thou- 
sand six  hundred  sixty  seaven  fifty  acres  of  Land  like  measure  and  for 
every  able  man  sarv*  y*  he  or  they  shall  carry  or  send  within  y®  sd  time 
armed  and  provided  as  aforesd  the  like  quantity  of  Land  and  for  every 
weaker  sarv1  or  slave  adged  as  aforesd  y*  he  or  they  shall  carry  or  send 
within  the  third  yeare  twenty  five  acres  of  Land  and  to  every  Christian 
sarvant  soe  carryed  or  sent  in  the  third  yeare  twenty  five  acres  of  Land 
of  like  measure  after  the  expiration  of  his  or  their  time  of  Sarvice; 

5.  Item  we  do  hereby  graunt  unto  all  persons  whoe  have  already  ad- 
ventured to  Carolina  or  shall  transport  themselves  or  sarvants  before  y® 
first  dale  of  January  which  shalbe  in  y®  yeare  of  our  Lord  one  thousand 
six  hundred  sixty  five  theis  following  proportions  of  Land  If  to  v® 
County  of  Albemarle  eighty  acres  English  measure  to  every  freeman  and 
as  much  to  his  wife  if  he  have  one  And  to  every  freewoman  y*  already 
is  or  shall  arrive  intoy®  sd  County  with  a Sarv*  to  plant  within  y®  time 
aforesd  eighty  acres  like  measure  To  a Master  or  Mistres  for  every  able 
man  Sarv*  he  or  shee  hath  brought  or  sent  or  shall  bringe  or  send  as 
aforesd  being  each  of  them  armed  with  a good  firelock  or  matchlock 
boare  twelve  bullets  to  y®  pound  tenn  pounds  of  powder  and  twenty 
pounds  of  bullets  wth  match  proportionable  and  victualed  for  six  monthes 
eighty  acres  of  like  measure  and  for  every  weaker  Sarv*  he  or  she 
hath  brought  or  sent  or  shall  bringe  or  send  as  aforesd  as  woemen  chil- 
dren and  slaves  above  the  age  of  fowerteene  yeares,  forty  acres  like 
measure  And  for  every  Christian  Sarv*  y*  is  brought  or  sent  within 
y®  said  time  to  his  or  her  proper  use  and  behoofe  when  their  time  of 
Sarvitude  is  expired  forty  acres  of  like  measure; 

fi.  Item  to  every  freeman  and  freewoman  v*  shall  arrive  in  y®  sd 
County  armed  and  provided  as  aforesd  within  y®  second  yeare  from  y® 
first  day  of  January  one  thousand  six  hundred  sixtie  five  to  v®  first  day 
of  January  one  thousand  six  hundred  sixty  six  wth  an  inteucon  to  plant 
sixtie  acres  and  sixty  acres  for  every  able  man  Sarv*  y*  he  or  they  shall 
carry  or  send  Armed  and  provided  as  aforesaid ; 

7.  Item  for  every  weaker  Sarv*  or  slave  adged  as  aforesd  v*  shall  be 
carryed  or  sent  theither  w‘hin  v®  second  yeare  as  aforesd  Thirty  acres  like 


COLONIAL  RECORDS. 


88 

measure  To  every  Christian  sarv4  y4  .shall  arrive  y®  second  yeare  Thirty 
acres  of  Land  of  like  measure  after  y®  expiracon  of  his  or  there  time  of 
servitude. 

8.  Item  to  every  freeman  and  freewoman  armed  and  provided  as 
aforesd  y4  shall  goe  and  arrive  wth  an  intention  to  plant  wthin  y®  Third 
yeare  from  January  one  thousand  six  hundred  sixty  six  to  .January  one 
thousand  six  hundred  sixty  seaven  Forty  acres  of  Land  like  measure, 
and  for  every  able  man  sarv4  that  lie  or  they  shall  carry  or  send  wthin  y® 
sd  time  armed  and  provided  as  aforesd  v®  like  quantity  of  land,  And  for 
every  weaker  sarv4  or  slave  adged  as  aforesd  v4  he  or  they  shall  carry  or 
send  within  v®  Third  veare  Twentv  acres  of  Land  like  measure.  And  to 

. . y 

every  Christian  Sarv4  so  carryed  or  sent  wthin  v®  Third  yeare  Twenty 
acres  of  land  ol'  like  measure  after  y®  expiracon  of  his  or  there  time  of 
servitude; 

9.  Item  we  doe  hereby  graunt  unto  all  persons  who  have  already  ad- 
ventured to  Carolina  or  shall  transport  themselves  or  Sarv48  before  y®  first 
day  of  January  which  shalbe  in  y®  yeare  of  our  Lord  one  thousand  six 
hundrd  sixty  five  these  following  proportions  viz1  to  every  freeman  y4  shall 
goe  wth  y®  first  Govern®  from  y®  port  where  hee  imbarkes  (or  shall  meete 
him  at  ye  Randeyvous  he  appoints)  and  from  thence  goe  with  him  to  y® 
southward  or  westward  of  Cape  Romania  wthin  the  province  aforesd  for 

y®  sett  leaf  of  a Plantacon  there  which  we  name  to  be  y®  County  of 

Armed  wth  a good  muskett  boare  twelve  bullets  to  y®  pound  wth  Tenn 
pounds  of  powder  & Twenty  pounds  Bullets  wth  Bandalears  and  match 
convenient  and  vvth  six  monthes  provision,  for  his  owne  person  arriveing 
there,  one  hundred  and  fifty  acres  of  Land  English  measure  And  for 
every  able  man  Sarv®  y4  hee  shall  carry  wth  him  Armed  and  provided 
as  aforesd  and  arriveing  there  y®  like  quantity  of  one  hundred  and  fifty 
acres  and  whoever  shall  send  Sarvts  at  y4  time  shall  have  for  every  able 
man  Sarv4  hee  or  they  shall  send  armed  and  provided  as  aforesd  and 
ariving  there  y®  like  quantity  of  one  hundred  and  fifty  acres  and  for 
every  weaker  Sarv*  or  slave  male  or  female  exceeding  y®  age  of  fower- 
teene  yeares  which  any  one  shall  send  or  carry  arriving  there  seaventy 
five  acres  of  land  and  to  every  Christian  Sarv4  exceeding  y®  age  aforesd 
after  y®  expiracon  of  their  time  of  service,  seaventy  five  acres  of  land  for 
there  owne  use. 

10.  Item  to  every  Mast4  or  Mistress  y4  shall  goe  before  y®  first  day  of 
January  wch  shalbe  in  y®  yeare  of  our  Lord  one  thousand  six  hundrd  sixty 
five  one  hundrd  and  Twenty  acres  of  land  and  for  every  able  man  Sarv4 
y4  hee  or  shee  shall  carry  or  send  armed  and  provided  as  a fores'*  and  ar- 


COLONIAL  RECORDS. 


89 


riveing  wthin  ye  time  aforesd  ye  like  quantity  of  one  hundrd  & Twenty 
acres  of  Land  and  for  every  weaker  Sarv4  or  slave  male  or  female  ex- 
ceeding ye  age  of  fowerteen  yeares  ariving  there  sixty  acres  of  land  and 
to  every  Christian  Sarv4  to  there  owne  use  and  behoofe  sixty  acres 

11.  Item  to  every  freeman  and  freewoman  y4  shall  arrive  in  ye  sd 
County  armed  and  provided  as  aforesd  wthin  y®  second  yeare  from  y®  first 
of  January  one  thousand  six  hundred  sixty  five  to  y®  first  of  January 
one  thousand  six  hundrd  sixty  six  wth  an  Intention  to  plant  ninety  acres 
of  Land  English  measure  and  for  every  able  man  Sarv1  y4  bee  or  shee 
shall  carry  or  send  Armed  and  provided  as  aforesd  Ninty  acres  of  Land 
of  like  measure. 

12.  Item  and  for  every  weaker  Sarv4  or  slave  adged  as  afores4  y4  shalbe 
soe  carryed  or  sent  theither  wthin  y®  second  yeare  as  aforesd  forty  five 
acres  of  Land  of  like  measure,  and  to  every  Christian  Sarv4  y4  shall 
arrive  y®  second  yeare  forty  five  acres  of  land  of  like  measure  after  y° 
expiration  of  his  or  there  time  of  servitude,  for  there  owne  use  and  be- 
hoofe, all  wch  Lands  soe  granted  in  y®  9:  10:  11 : and  12:  articles  pro- 
ceeding and  y®  13th  following  are  ment  and  intended  to  be  taken  up  and 
given  in  y®  County  of  and  not  elsewhere, 

13.  Item  to  every  freeman  and  freewoman  armed  and  provided  as 
aforesd  y4  shall  goe  and  arrive  w4h  intencon  to  plant  w4hin  y®  Third  yeare 
from  January  one  thousand  six  hundred  sixty  six  to  January  one  thousand 
six  hundred  sixty  seaven  armed  and  provided  as  afores4  sixty  acres  of 
land  like  measure  and  for  every  able  man  Sarv4  y4  lice  or  they  shall  carry 
or  send  w4hin  y®  sd  time  armed  and  provided  as  aforesd  v®  like  quantity 
of  sixty  acres  of  land  and  for  every  weaker  Sarv4  or  slave  adged  as  a fores'* 
y4  he  or  they  shall  carry  or  send  wthin  v®  Third  yeare  thirty  acres  of  land, 
and  to  every  Christian  Sarv4  soe  carryed  or  sent  in  y®  third  yeare  thirty 
acres  of  Land  of  like  measure,  after  y®  expiration  of  his  or  there  time  of 
service,  All  which  land  and  all  other  v4  shalbe  possessed  in  sd  Countyes 
are  to  be  held  on  y®  same  tearmes  and  Conditions  as  is  before  mentioned 
and  as  hereafter  in  the  following  Pharagraphes  is  more  at  large  exprest 
Provided  v4  all  y®  before  mentioned  Land  and  all  other  whoever  y4  shalbe 
taken  up  and  soe  setled  in  y®  sd  Province  shall  afterwards  from  time  to 
time  for  v®  space  of  thirteene  yeares  from  y®  date  hereof  be  held  upon  y® 
Condition  afores4  of  continewing  one  able  man  Sarv4  or  two  such  weaker 
Sarv4*  as  aforesd  on  every  hundred  acres  Master  or  Mistres  shall  possess 
besides  w4  was  graunted  for  his  or  her  owne  person,  In  failer  of  woh  upon 
Notification  to  y®  present  Occupant  or  his  assignee,  there  shalbe  thret* 
yeares  given  to  such  for  there  compleating  the  said  Number  of  persons 

8 


{)() 


COLONIAL  RECORDS. 


or  for  there  sayle  or  other  disposure  of  such  part  of  there  Lands  as  are 
not  soe  peopled  wthin  yc  time  of  three  yeares  if  any  person  holding  any 
Lands  shall  fade  by  himselfe  his  agents  executors  or  assignes  or  some 
other  way  to  provide  such  number  of  persons,  Unless  the  Gen11  Assembly 
shall  without  respect  to  poverty  judge  yl  it  was  impossible  for  y®  party 
soe  fayleing  to  keepe  or  procure  his  or  her  Number  of  Sarv**  to  Ik;  ]»ro- 
vided  as  aforesd  In  such  case  wee  y®  Lords  to  have  power  of  disposeing 
of  soe  much  of  such  Land  as  shall  not  be  planted  wth  its  dew  Number  of 
persons  as  aforesd  to  some  other  y*  will  plant  v®  same ; Provided  alwayse 
y*  any  person  who  hath  a stocke  of  Catle  sheepe  or  such  like  on  his 
hands  shall  for  every  greater  soart  of  Cattle  wch  lice  hath  at  v®  time  of 
such  forfeiture  as  horses  Kine  &c,  retain  two  acres,  and  for  every  lessor 
sorteas  sheepe  hoggs  &c  one  acre  Provided  alsoe  v*  noe  persons  arriveing 
into  v®  sd  Countyes  wth  purpose  to  setle  (they  being  subjects  or  Natural- 
ised as  aforesd)  be  denyed  a graunt  of  such  proportions  of  Land  as  at  v® 
time  of  there  arrivall  are  due  to  themselves  or  Sarv18  bv  Concession  from 
us  as  afores4  but  have  full  Lycenoe  to  take  up  and  setle  v®  same  in  such 
order  and  manner  as  is  granted  or  prescribed  all  Lands  notwthstanding 
(y®  powers  in  y®  Assembly  afores4)  shalbe  taken  up  by  warrant  from  y® 
Governor  and  confirmed  by  y®  Governor  and  Councill  under  a Seale  to 
be  provided  for  y*  purpose  in  such  order  and  meth-hood  as  shalbe  set 
downe  in  this  declaration  and  more  att  Large  in  y®  Instructions  to  y® 
Governor  and  Councill. 

And  that  the  lands  may  be  the  more  regulerly  layd  out  and  all  persons 
the  better  ascertavned  of  there  titles  and  possessions. 

1.  Item  in  the  bounding  of  y®  County  of  Clarendon  the  Governor 
and  Councill  (and  Assembly  if  any  bee)  are  to  make  choyce  of  (and  con- 
fine themselves  and  planters  to)  one  side  of  y®  mayne  river  neare  Cape 
Faire,  on  which  some  of  y®  adventurers  are  already  setled  or  intend  to 
setle  and  y®  Islands  in  or  neare  y®  said  River  next  y®  side  they  setle  on, 
Unless  they  have  already  setled  some  Island  neare  v®  other  side  which 
if  they  have  they  may  continew  thereon ; 

2.  Item  the  Governor  of  v®  County  of  with  v®  advice  of 

his  Councill  is  to  bound  y®  said  County  as  he  shall  see  fitt  not  exceeding 
Forty  myles  square  or  sixteene  hundred  Square  nyvles. 

3.  Item  they  are  to  take  care  and  direct  y*  all  Lands  bee  devided  by 
♦(xen11  Lotts  none  less  then  two  thousand  two  hundred  acres  nor  more 

then  two  and  twenty  thousand  acres  in  each  Lott  excepting  Cittyes 
Townes  &c  and  v®  neare  Lotts  of  towneshipps  and  y*  y®  same  be  undeci- 
mallv  devided  one  eleaventh  part  by  lott  to  us  our  heires  and  Assignes 


COLONIAL  RECORDS. 


91 


y®  Remay ndr  to  persons  as  they  come  to  plant  y®  same  in  such  proportions 
as  is  allowed; 

4.  Item  that  ye  Governor  of  each  County  or  whome  he  shall  depute 
in  Case  of  death  or  absence  if  some  one  be  not  before  Comissionated  by 
us  as  aforesd  doe  give  to  every  person  to  whome  land  is  due  a warrant 
syned  & sealed  by  himselfe  and  v®  Major  pte  of  his  Councill  and  directed 
to  ye  Surveyor  Gen"  or  his  Deputy  comanding  him  to  ley  out  Lymitt  and 
bound  acres  of  Land  (as  his  due  proportion  is)  for 

such  a person  in  such  allotm*  according  to  wch  warrant  y®  Register  hav- 
ing first  recorded  ye  same  and  attested  the  record  upon  ye  warrant  v® 
Survey1,  Gen"  or  his  Deputy  shall  proceed  and  certified)  ye  Chief e Secre- 
tary or  Register  y®  Name  of  ye  person  for  whome  he  hath  layde  out  land, 
by  virtue  of  w‘  authority  ye  date  of  ye  authority  or  warrant  y®  Number 
of  acres  y®  bounds  and  on  w‘  poynt  of  y*  Compass  v®  Several  1 Ly  mitts 
thereof  lye  which  Certificate  the  Register  is  iikewayse  to  enter  in  a booke 
to  be  prepared  for  y*  purpose  with  an  Alphabetical!  table  referring  to  y* 
booke  soe  y®  Certificate  may  be  y®  easier  found  and  then  to  file  y®  Certifi- 
cates and  y®  same  to  Keepe  safely  The  Certificate  being  entered  a warrant 
comprehending  all  y®  particculers of  Land  mentioned  in  y®  ( Certificate  aforesd 
is  to  be  syned  and  sealed  by  him  and  his  Councill  or  v®  Major  pte  of 
them  as  aforesd  (they  haveing  seen  y®  entry)  and  directed  to  ye  Register 
or  Chiefe  Secretary  for  his  preparing  a Graunt  of  ve  land  to  v®  party  for 
whome  it  is  layd  out  wch  Graunt  shalbc  in  the  forme  following  viz1 

The  Lords  Proprietors  of  the  Province  of  Carolina  doe  hereby  graunt 
unto  A.  B.  of  y®  county  of  Clarendon  (or  in  w‘  County  y®  same  shalbe) 
in  v®  province  aforesd  a plantation  in  ye  said  County  Conteyning 
Acres  English  measure  Bounding  as  in  y®  said  Certificates  to  hold  to 
him  (or  her)  his  (or  her)  heires  and  Assignes  for  ever  Yielding  and  pay- 
ing yearly  to  y®  said  Lords  Proprietors  their  heires  or  Assignes  every 
twenty  fifth  day  of  March  according  to  y®  English  Acc®  one  halfe  penny 
of  Lawfull  English  monv  for  every  of  y®  said  Acres  To  be  holden  of  y® 
manner  of  in  free  and  Comon  Soccage,  ye  first 

paym‘  of  woh  rent  to  beginn  v®  twenty  fifth  day  of  March  which  shalbe 
in  y®  yeare  of  our  Lord  one  thousand  six  hundrd  and  seaventy  according 
to  y®  English  Account,  Given  under  y®  scale  of  y®  County  of  Clarenden 
y®  day  of  in  y®  yeare  of  our  Lord 

To  which  Instrument  v®  Governor  or  his  Deputy  hath  hereby  full 
Authority  to  put  ye®  scale  of  y®  said  County  and  to  subscribe  his  Nam^ 
as  alsoe  v®  Councell  or  Majr  pte  of  them  are  to  subscribe  there  Names 
and  then  y®  Instrument  or  Graunt  is  to  Ik*  by  v®  Register  recorded  in  a 


92 


COLONIAL  RECORDS. 


Booke  of  Records  for  purpose  ail  w h being  done  according  to  these 
instructions  we  hereby  declare  y*  the  same  shalbe  effect  nail  in  Law  for  y® 
Injoy  in*  of  y®  said  plantation  and  all  y®  henefitts  and  profits  of  and  in 
y®  same,  except  y®  halfe  part  of  Mynes  of  Gold  and  Silver  paying  y® 
rent  as  aforesd  Provided  yl  if  any  plantation  so  granted  shall  by  y®  space 
of  three  veares  be  neglected  to  be  planted  with  a sufficient  Number  of 
Sarvts  as  is  before  mentioned  y‘  then  it  shalbe  lawfull  for  us  otherwayse 
to  dispose  thereof  in  whole  or  in  part  This  graunt  notwthstanding. 

5.  Item  We  doe  alsoe  graunt  convenient  proportions  of  land  for  high- 
ways and  for  streetes  not  exceeding  one  hundred  foote  in  bredth  in  Cittyes 
Townes  Villages  for  churches  Forts  wharfs  Keys  Harbours  and  for  pub- 
licise houses  and  to  each  parish  for  y®  use  of  there  Ministers  one  hundred 
Acres  in  such  places  as  y®  Gen11  Assembly. shall  appoynt; 

6.  Item  v®  Governors  are  to  take  notice  yl  all  such  lands  leyd  out  for 
y®  uses  and  purposes  in  y®  next  proceeding  Article  shall  be  free  and  ex- 
empt from  all  rents  Taxes  and  other  Customes  or  dutyes  whoever  paya- 
ble to  us  our  heires  or  Assignes. 

7.  Item  that  in  leying  out  Lands  for  Cittyes  Townes  Villages  Bur- 
roughes  or  other  Hamlets  y®  said  lands  be  undecimally  devided  one 
eleaventh  part  to  be  by  lott  layd  out  for  us  and  y®  rest  devided  to  such 
as  shalbe  willing  to  build  thereon  they  paying  after  y®  rate  of  one  halfe 
penny  per  Acre  yearely  to  us,  as  for  there  other  lands  as  aforesd  wch  said 
Lands  in  Cittyes  Townes  &c  is  to  be  assured  to  each  possessor  by  y®  same 
way  and  Instrewment  as  is  before  mentioned. 

8.  Item  That  all  Rules  relating  to  building  of  each  streete  or  quantity 
of  ground  to  be  alotted  to  each  house  within  y®  said  respective  Cittyes 
Burroughs  and  Townes  be  wholy  left  by  act  as  aforesd  to  y®  wisdomeand 
discreccon  of  y®  Generali  Assembly; 

9.  Item  That  y®  Inhabitants  of  y®  said  County  have  free  passage 
through  or  by  any  Seas  bounds  Creekes  Rivers  &c.  in  y®  said  Province 
of  Carolina  through  or  by  which  they  must  necessarily  pass  to  come  from 
y®  Mayne  Ocean  to  y®  Countyes  aforesd  or  any  part  of  y®  Province  aforesd; 

10.  Lastly  it  shalbe  Lawful  for  y®  Representatives  of  y®  freeholders  to 
make  any  address  to  y®  Lords  touching  y®  Governor  and  Councill  or  any 
of  them  or  concerning  any  Greivances  whatsoever  or  for  anything  they 
shall  desire  without  the  Consent  of  the  Governor  and  Councell  or  any 
of  them, 

(Endorsed) 

Sealed  and  Delivered  in  y®  presence  of  us 
JO:  PERYN. 

THO:  WALKER 


COLONIAL  RECORDS. 


93 


January  7th  1664—5 

It  is  this  day  agreed  by  the  Lords  Propryators  of  Carolina  that  al- 
though the  County  of  Clarendon  neare  Cape  Faire,  and  all  the  tract  of 
ground  as  farr  as  to  the  southward  of  the  river  S*  Mathias  and  west  as 
far  as  the  South  Seas,  be  for  the  present,  under  the  Government  of  Sir 
John  Yeamans,  yet  notwithstanding  it  is  ment  and  intended,  that  that 
parte  of  it  which  is  about  to  be  setled  to  the  southward  and  westward  of 
Cape  Romania  be  a distinckt  Government  from  the  County  of  Claren- 
don, and  that  there  be  a distinckt  deputy  Governor  for  the  present  and 
that  it  be  called  the  County  of  Craven  and  as  soone  as  it  shalbe  conven- 
iently setled  by  the  said  Sir  John  Yeamans  or  any  other  that  there  be  a 
distinckt  Governor  comissionated  to  governe  there. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  22.] 

Mr.  Drummond. 

Sir, 

Our  last  unto  you  was  by  Mr  Peeter  Carteret  accompaning  your  Comis- 
sion and  Instructions  for  the  Government  of  the  County  of  Albemarle 
in  which  we  confined  the  County  to  40.  myles  square  or  40.  square  myles, 
in  which  there  was  a mistake  for  it  should  have  been  1600  square  myles 
instead  of  40.  of  which  you  are  to  take  notice  and  to  bound  the  County 
accordingly  and  if  it  be  not  enough  to  comprehend  all  the  plantations 
already  under  that  Government  give  us  notice  of  the  deft,  and  on  what 
points  of  the  Compas  those  plantations  lye,  that  are  without  the  bounds 
(from  the  entrance  of  the  mayne  River)  and  we  eann  soone  enlarge  your 
bounds;  and  shall  if  there  be  reason  for  it,  wee  rest 

Cockpitt.  Your  very  loving  frinds. 

January  7th  1664-65. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  21.] 

Sir  John  Yeamans 
Sir, 

Haveing  receaved  a.  good  carrector  of  your  abillitves  and  Inteagryty 
and  of  your  loyalty  to  the  kinge  from  Sir  John  Colleton,  with  an  assur- 
ance that  you  will  viggorouslv  attempt  the  setling  of  a Collony  or  plan- 


94 


COLON TAL  RECORDS. 


tation  to  the  southward  of  Cape  Romania  which  will  conduce  much  to 
the  Interest  and  honour  of  the  kinge  and  advantage  of  his  people,  and 
more  especially  that  of  the  first  setlers,  wee  have  in  the  first  place 
prevaled  with  his  Majestic  to  conferr  the  honor  of  a knight  Barronet 
upon  you  and  your  heires,  to  whome  wee  have  given  assurance  that  you 
will  deserve  the  same; 

In  the  next  place  we  have  by  our  Commissions  which  goes  by  your 
Soon,  made  you  our  Lieutenant  Generali  and  Governor  of  that  parte  of 
our  Province  of  Carolina,  which  we  conceave  may  most  conduce  to  the 
setlement  aforesaid  and  in  as  much  as  cann  yet  be  under  our  Government 
for  many  reasons  which  we  have  not  time  to  shew,  we  have  in  our  agree- 
ment with  your  Sonn  indeavoured  to  comprehend  all  Interests  especially 
that  of  New  England  from  whence  the  greatest  stocke  of  people  will  in 
probability  come,  our  more  southerne  plantations  being  already  much 
drayned,  wherefore  we  advize  you  to  contrive  all  the  good  waves  you  cann 
imagen  to  get  those  people  to  joyn  with  you  in  which  there  wilbe  a com- 
mon Utility  especially  bv  keepinge  those  in  the  Kinges  dominions  that 
either  cannot  or  will  not  submitt  to  the  Government  of  the  Church  of 
England. 

As  for  the  six  thousand  acres  of  Land  by  you  desired  from  us  we  doe 
here  oblige  ourselves  to  graunt  the  same  to  you  or  vour  assignes  to  be  by 
you  or  them  taken  to  the  southward  or  westward  of  Cape  Romania,  by 
lott  as  other  lands  are  to  be  taken  up,  in  which  we  desire  you  to  avoyde 
the  comeing  to  neare  the  home  Lotts  which  if  you  shall  doe  for  any 
greate  proportion,  it  will  thin  the  people  and  weaken  that  part  to  the 
indangering  of  the  whole,  and  alsoe  as  you  take  it  up  or  cause  it  to  be 
taken  up  and  bounded  within  3.  yeares  after  the  date  hereof,  you  paying 
one  lialfe  penny  per  acre  English  measure  yearely  the  first  payment  to 
begin  the  25th  day  of  March  which  shalbe  in  the  yea  re  of  our  Lord  1670. 
according  to  the  English  account. 

Wee  doe  likewavse  ingage  ourselves  to  graunt  to  your  frind  Captain 
William  Merricke  or  assignes  fifteene  hundred  acres  of  Land  English 
Measure,  in  the  places  upon  the  tearmes,  wee  have  ingaged  to  graunt  to 
you,  wishing  you  good  success  and  prosperity  in  your  intended  voyage 
and  undertakings 

we  rest 

Your  very  loving  frinds. 

Cockpitt  this  11th  January  1664. 


COLONIAL  RECORDS. 


‘15 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  30.  p.  19.] 


Edward  Earle  of  Clarendon  Lord  High  Chancellor  of  England,  George 
Duke  of  Albemarle  &c ; The  trew  and  absolute  Lords  Proprvators  of 
all  the  Province  of  Carolina.  • 

To  our  trusty  and  well  beloved  Sir  John  Yeamans  Barronet  Governor 
of  our  County  of  Clarendon  neare  Cape  Faire  and  of  all  that  tract  of 
ground  which  lveth  southerly  as  farr  as  the  river  S*  Mathias  which  bord- 
eretli  upon  the  Coast  of  Florida  within  31.  degrees  northerne  lattitude 
and  soe  west  as  farr  as  the  South  Seas  as  alsoe  of  all  Islands  and  Islets, 
Rivers  and  Seas  within  the  said  bounds  and  our  said  Province  of  Caro- 
lina, And  to  our  trusty  and  well  beloved  our  Couneellors  and  assistants 
to  our  said  Governor,  Greeting ; 

Bee  it  knowne  unto  all  men  that  we  the  said  Lords  and  absolute  pro- 
pryators  of  the  said  County  and  tract  of  ground  within  the  province  afore- 
said for  divers  good  causes  and  considerations  but  more  especially  out  of 
the  trust  and  confidence  reposed  bv  us  in  you  our  said  Governor  and 
Couneellors  for  the  faithfull  management  of  the  powers  and  authorityes 
by  us  to  you  given  to  the  best  avayle  and  improvement  of  our  Interest 
and  Dominion  in  the  said  County  of  Clarendon,  and  all  the  tract  of 
ground  aforesaid;  within  our  said  Province  and  for  the  best  avayle  and 
improvement  of  the  Interest,  Liberty,  propryetcy  and  defence  of  all  such 
as  shall  plant  and  inhabit  there  Land  given,  graunted  and  by  these  pres- 
ents doe  give  and  graunt  (during  our  pleasure)  unto  you  our  said  Gover- 
nor by  and  with  the  advice  and  consent  of  our  Councell  or  any  3.  or 
more  of  the  6.  or  4.  or  more  of  a greater  number  full  and  absolute  power 
and  authority  for  us  and  in  our  Names  to  lett  sell  convey  and  assure 
such  lands  in  our  said  County  and  tract  of  ground  aforesaid  to  such  per- 
son and  persons  and  for  such  estate  and  estates,  and  with  such  provisoes 
conditions  and  limitations  as  we  by  our  concessions  and  agreement  under 
our  greate  seale  bareing  date  with  thes  presents  to  and  with  the  adven- 
turers of  the  Island  of  Barbados  and  there  Assotiates  of  England  New- 
england  the  Carribbia  Islands  and  Barmothos  are  obliged  to  graunt,  and 
as  you  shalbe  directed  by  such  other  instructions  and  Rules  as  from  time 
to  time  you  shall  receave  from  us  and  not  otherwayes,  thereby  rattyfy- 
ing  and  confirming  whatsoever  you  shall  Lawfully  doe  pursuant  to  the 
Concessions  and  Agreement  and  to  such  instructions  rules  and  directions 
as  aforesaid ; as  alsoe  to  make  doe  performe  and  execute  all  and  singuler 


COLONIAL  RECORDS. 


;xj 


act  and  acts  thing  and  things  powers  and  authorityes  whatsoever,  which 
we  ourselves  may  can  might  or  could  doe  in  for  concerning  or  relate- 
ing  unto  the  Government  both  civil]  and  millitary  of  the  said  County 
and  tract  of  ground  aforesaid  bv  virtue  of  the  Letters  pattents  of  Ids 
most  excellent  Majti0  Charles  the  Second  by  the  grace  of  God  Kinge  of 
England  Scotland  France  and  Ireland  defender  of  the  faith  bearcing 
date  at  Westminster  the  twenty  fourth  of  March  in  the  Id  yeare  of  his 
Reigne  to  be  exercised  neavertheless  according  to  such  I nstructions  or 
with  such  Limitations  restrictions  conditions  and  provisoes  as  in  these 
presents  are  hereafter  contevned,  hereby  ratty fying  confirmeing  and  allow- 
ing all  and  eavery  such  act  and  acts  thing  and  things  which  our  said 
Governor  and  our  said  Councellors  in  our  names  shall  doe  in  the  prem- 
ises pursuant  to  the  authority  hereby  comitted,  Provided  and  it  is 
hereby  declared  that  this  present  deede  or  any  thing  therein  conteyned, 
doth  not  extend  nor  shall  it  be  deemed  or  taken  to  extend  to  give  up  to 
our  said  Governor  or  our  said  Councellors  or  either  or  any  of  them  any 
power  or  authority  to  make  any  maner  of  graunt  conveyance  demise  or 
other  like  disposition  of  any  lands  lyeing  within  or  being  parte  of  the 
said  County  and  tract  of  ground  aforesaid,  but  according  to  our  Conces- 
sions and  Instructions  and  reserve)' ng  for  every  acre  English  measure 
which  by  virtue  of  this  authority  we  shall  graunt  to  any  person  or  per- 
sons one  halfe  penny  of  Lawfull  money  of  England  yearely  rent  to  be 
paid  to  us  our  heirs  or  Assignes  on  every  25  day  of  March  according  to 
the  English  aceompt  the  first  payment  whereof  to  begin  on  the  25  day  of 
March  which  shalbe  according  to  the  English  accompt  in  the  yeare  of 
our  Lord  God  1(370  provided  alsoe  that  noe  order  or  Lawes  made  or  to 
be  made  by  virtue  of  this  our  Authority  shalbe  in  force  as  Lawes  for  any 
longer  tearme  then  one  yeare  and  a halfe  within  one  yeare  of  which  time 
they  shalbe  transmitted  and  presented  to  us  for  our  assent  which  being 
given  they  shalbe  in  eontinewall  force  till  expired  by  there  owne  limita- 
tion or  by  act  repealed  to  be  confirmed  as  aforesaid  Provided  alsoe  that 
the  executive  parte  of  all  the  said  powers  hereby  given  shalbe  made 
and  exercised  by  you  our  said  Governor  by  or  with  the  advice  and  con- 
sent of  the  Major  parte  of  our  Councell,  and  if  it  shall  happen  that  our 
said  Governor  or  any  of  our  said  Councell  shall  departe  or  be  absent  any 
time  from  our  said  County  and  tract  of  ground  aforesaid  unless  other 
provision  be  by  us  made  that  then  it  shall  and  may  be  Lawfull  to  and 
for  our  said  Governor  and  Councell  or  the  Major  parte  of  them  resident 
in  our  said  County  and  tract  of  ground  aforesaid  to  nominate  elect  and 
appoint  any  such  able  person  or  persons  as  in  there  Discretion  to  them 


COLONIAL  RECORDS. 


97 


shall  seeme  most  fitt  to  serve  in  and  supply  the  place  of  such  of  the  said 
persons  respectively  during  there  absence  from  our  said  County  and 
tract  of  ground  aforesaid  Giveing  and  granting  unto  him  or  them  soe 
chosen  during  the  absence  of  our  saaid  Governor  or  Councellors  as  full 
large  and  ample  powers  as  we  by  these  presents  to  our  said  Governor  or 
Councillors  have  given  anv  thing  in  this  present  Comission  in  any  wise 
to  the  contrary  notwithstanding  And  also  in  case  of  death  of  any  Gover- 
nor or  death  or  removall  of  any  member  of  our  said  Councell  from  time 
to  time  to  nominate  and  elect  fitt  and  able  persons  in  there  steads  or  places 
respectively  which  persons  so  nominated  and  choasen  shall  exercise  all 
powers  to  there  said  offices  respectively  belonging  till  our  pleasure  be 
signified  to  the  Contrary. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  18.] 


Edward  Earle  of  Clarendon  Lord  High  Chancellor  of  England,  George 
Duke  of  Albemarle  &e.  The  trew  and  absolute  Lords  Propryators  of 
the  Province  of  Carolina. 

To  our  trusty  and  well  beloved  Sir  John  Yeamans  Bart:  Greeting; 

Wee  doe  hereby  constitute  and  appoint  you  (during  our  pleasure)  Gov- 
ernor of  our  County  of  Clarendon  neare  Cape  Faire  and  of  all  that  tract 
of  ground  which  lyeth  southerly  as  farr  as  the  River  S*  Mathias  which 
bordereth  upon  the  coast  of  Florida  within  31.  degrees  northerne  lati- 
tude and  soe  west  as  farr  as  the  south  Seas  as  alsoe  all  Islands  and  Islets 
Rivers  and  Seas  within  the  said  bounds  and  our  said  Province  of  Caro- 
lina.. With  power  to  nominate  appoynt  and  take  to  you  12.  able  men  at 
most,  6.  at  least  to  be  of  your  Councell  or  assistance  or  any  eaven  num- 
ber between  6.  and  12.  unless  we  have  before  made  choyce  of  or  shall 
chuse  all  or  any  of  them, 

And  we  doe  further  constitute  and  appoint  you  to  be  our  Lieutenant 
Generali  (during  our  pleasure)  of  the  County  and  tract  of  ground  above 
mentioned  and  of  all  our  forces  raysed  and  to  be  ravsed  within  our  said 
County  and  tract  of  ground  aforesaid  for  the  security  of  the  same  and 
the  parts  adjasent  within  our  said  Province,  over  which  forces  you  are  to 
place  Officers  and  to  cause  them  to  be  duely  exercised  in  Armes  and  to 
doe  all  and  every  other  thing  or  things  which  unto  the  Charge  and  Office 
of  a Lieutenant  Generali  of  our  Army  belongeth  or  hath  accustomed  to 


9 


98 


COLONIAL  RECORDS. 


belonge,  as  fully  and  freely  as  any  Lieutenant  Generali  hath  eaver  had 
the  same  commanding  all  infearyor  officers  and  soldiers  of  our  said 
Armyes  you  to  obey  as  there  Lieutenant  Generali  according  to  this  our 
Comission  and  the  powers  thereby  given  unto  you,  and  according  to  the 
Laws  and  dissipline  of  warr,  and  you  vourselfe  alsoe  are  to  observe  and 
follow  such  orders  and  directions  as  from  time  to  time  you  shall  receave 
from  us  and  in  all  things  to  governe  vourselfe  as  unto  your  duty  and 
place  of  a Lieutenant  Generali  of  an  Army  and  Governor  of  our  said 
County  and  tract  of  ground  aforesaid  doth  appertavne  and  belonge. 
Given  under  our  Greate  Seale  of  our  said  Province  this  11th  January 
An  : D : 1664. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  r.  21.] 


Cockpitt  this  11th  January  1664—5. 

Gentlemen, 

We  have  receaved  your  letter  of  the  29th  of  August  and  8th  of  October 
by  Major  William  Yeamans  who  hath  made  knowne  your  desires  touch- 
ing your  settlement  and  planting  in  our  Province  of  Carolina,  as  alsoe 
his  power  from  you  to  treate  and  conclude  with  us  eoncerneing  the  same 
iu  which  we  assure  you  he  hath  beene  very  carefull  of  your  advantage 
and  interest  and  bv  his  injenuity  hath  prevayled  with  us  to  consent  to 
more,  then  severall  people  would  have  accepted  from  us,  of  which  we  doe 
noe  wayse  repent  considering  your  forwardness  to  setle  neare  Cape  Faire 
before  you  had  an  assurance  of  any  conditions  from  us,  and  your  resolu- 
tion to  make  another  setlement  to  the  southward  or  westward  of  Cape 
Romania  which  we  much  desire  out  of  respect  to  the  Nations  and  your 
Interest  which  will  thereby  receave  severall  advantages  which  we  hope 
wilbe  a motive  to  press  you  viggorously  forward  to  that  worke,  we  have 
done  our  parte  iu  order  there  unto,  as  will  appear  by  our  Concessions  or 
Agreement  which  your  Agent  Major  William  Yeamans  on  your  behalfes, 
to  whome  and  to  our  Ingagement  under  our  hands  and  seale,  we  refer 
you,  Pleas  to  be  confident  that  there  is  nothing  that  may  be  fitt  for  us  to 
graunt  more,  or  to  obtayne  for  you  from  his  Majestie  but  that  we  shall 
doe  the  one  and  indeavour  to  procure  the  other,  as  soone  as  we  understand 
that  you  have  begunn  the  southermost  setlement:  wishing  you  good  suc- 
cess & prosperity  iu  your  undertakings,  we  rest 

Your  very  loveing  freinds. 


COLONIAL  RECORDS. 


99 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle.  48.  No.  4.] 

Honerd  Sir 

T understand  by  Mr  Drummond  and  Mr  Carterett  that  you  and  the 
rest  of  the  Right  Honorable  the  Lords  Proprietors  of  the  Province  of 
Carolina  have  appointed  me  to  be  Surveyor  for  your  Countie  of  Albe- 
marle Wherein  (“Pray  be  pleased  to  assure  your  Lordships”)  1 will  en- 
deavour to  serve  you  faithfully,  and  to  the  uttermost  of  my  Power  pro- 
mote your  Interest.  And  though  I know  it  befitts  not  me  to  dispute 
your  comands  but  rather  to  operate  them  Cceca  Obedientia  yet  (by  your 
Honors  permission)  I cannot  omit  to  performe  another  part  of  mv  dutie 
(so  I am  though  unworthy)  one  of  the  counsell  here  to  give  you  my 
opinion  concerning  some  passages  in  the  Instructions  your  Honore  sent 
us.  First  for  the  bounds  of  the  Countie  of  Albemarle  fortie  miles  square 
will  not  comprehend  the  Inhabitants  there  already  seated.  And  sixteen 
hundred  square  miles  may  be  laid  out  by  riming  only  on  the  Verges  of 
the  Rivers  and  Creekes  where  generally  men  seat  and  where  (for  the  most 
part)  the  plantable  land  lies  so  disadvantagious  to  vour  Honores  Inter- 
est, and  the  Inhabitants  Welfare;  that  no  reasonable  line  of  communica- 
tion will  be  able  to  unite  them  either  for  defence  or  Traffick.  So  that  1 
conceive  it  will  be  most  comodious  to  bound  this  Governmt.  On  the 
south  side  with  the  North  end  of  Croatan  Island  Thence  west  to  Morat- 
tuck,  Including  all  the  Branches  thereof,  Thence  North  as  far  as  your 
Patent  extends  Then  East  to  the  Sea;  And  to  prohibit  all  Persons  for 
some  time  from  seating  beyond  there  bounds  as  also  not  yet  to  seat  up 
Morattuck : Which  bounds  though  they  are  greater  than  your  Honors 
Instructions  allow  for  Albemarle  countie  vet  are  they  not  more  than  will 
consist  well  with  one  Governmt.  It  being  (in  my  opinion)  very  incon- 
venient to  erect  divers  Governments  to  have  Passage  through  one-an- 
others  Territories  or  Inletts:  as  Maryland  having  no  Inlet  for  shipping 
but  through  the  Capes  of  Virginia.  May  (if  any  difference  shall  hap- 
pen between  those  two  Governments)  in  a high  measure  feel  the  Incon- 
venience And  the  Inhabitants  of  all  the  streams  or  rivers  within  this 
Government  must  be  supplyed  with  Commodities  from  such  Vessells  as 
shall  arrive  through  Roanokea  Inlett  which  for  ought  we  can  perceive 
must  always  be  of  very  small  burthen,  for  although  Capt  Whittles  ves- 
sell  this  winter  at  her  coming  in  found  tifteene  feete  water,  yet  her  going- 
out  she  had  but  eleaven  feete  and  though  she  drew  not  eight  foote  water, 
struck  twice  or  thrice  notwithstanding  they  had  Beatoned  the  Chanel  1 
and  went  out  in  the  best  of  it,  at  full  sea;  so  uneertaine  are  all  those  In- 


]()() 


COLONIAL  RECORDS. 


letts.  There  is  another  Illicit  at  \\  ococoek  or  Wococon  which  hereafter 
may  serve  for  an  other  Government  betweene  this  and  Cape  Feare,  if  to 
yonr  Honore  it  shall  seem  Convenient. 

Next  the  Proportione  of  Land  you  have  allotted  with  the  Rent,  and 
conditione  are  by  most  People  not  well  resented  and  the  very  Rumor  of 
them  dis-couragcs  many  who  had  intentions  to  have  removed  from  Vir- 
ginia hetlier : Whilst  my  Lord  Baltamore  allowed  to  every  Persons  im- 
ported but  fiftie  acres;  Maryland  for  many  yeares  had  scarce  fiftie  fami- 
lies, though  there  Rent  was  rather  easier  then  in  Virginia;  but  when  he 
allotted  one  hundred  Acres  for  a Person,  it  soone  began  to  People,  and 
when  he  found  them  begin  to  increase,  he  brought  it  to  fiftie  a head 
againe  So  if  your  Lordships  please  to  give  large  Incouragement  for  some 
time  till  the  country  be  more  fully  Peopled,  your  Honore  may  contract 
for  the  future  upon  what  condition  you  please  But  for  the  Present,  To 
thenke  that  any  men  will  remove  from  Virginia  upon  harder  Conditione 
then  they  can  live  there  will  prove  (I  feare)  a vaine  Imagination,  It  bein 
Land  only  that  they  come  for. 

I shall  give  you  Sr  Francis  Bacons  owne  words  in  his  Essay  of  Plan- 
tation 

“Planting  of  Counties  is  like  planting  of  Woods,  for  you  must  make 
account  to  loose  almost  Twenty  yeares  Profitt  and  expect  your  recom- 
pense in  the  end:  for  the  Principall  thing  that  hath  bin  the  destruction 
of  most  Plantations  hath  bin  the  hastee  drawing  of  Profit  in  the  first 
yeares.” 

And  it  is  my  Opinion,  (which  I submitt  to  better  Judgements)  that  it 
will  for  some  time  conduce  more  to  your  Lordshipe  Profit  to  permit  men 
to  take  up  what  tracts  of  Land  they  please  at  an  easie  rate,  then  to  stint 
them  to  small  proportions  at  a great  rent,  Provided  it  be  according  to  the 
custome  of  Virginia  which  is  fifty  Pole  bv  the  river  side,  and  one  mile 
into  the  woods  for  every  hundred  acres;  there  being  no  man  that  will 
have  any  great  desire  to  pay  Rent  (though  but  a farthing  an  acre)  for 
more  land  than  he  hopes  to  game  by.  Rich  men  (which  Albemarle 
stands  in  much  need  of)  may  perhaps  take  up  great  Tracts;  but  then  they 
will  endeavour  to  procure  Tenants  to  helpe  towards  the  payment  of  their 
Rent,  and  will  at  their  owne  charge  build  howseing  (which  poore  men 
cannot  compasse)  to  invite  them  : Besides  to  have  some  men  of  greater 
possessions  in  Land  then  others,  will  conduce  more  to  the  well  being  and 
good  Governement  of  the  Place  than  any  Levelling  Paritie  To  reduce 
Planters  into  Townes,  is  here  almost  impossible;  when  the  country  is 
Peopled  and  conferee  increased  it  mav  more  easily  be  effected,  by  appoynt- 
ing  Ports  and  Marketts  whether  not  only  Merchants  but  all  Tradesmen  and 


COLONIAL  RECORDS. 


101 


Artificers  will  resort  for  habitation,  and  in  short  time  lay  the  foundation  to 
superstructures  of  Townes  and  Citties;  Alwayes  Provided  there  be  a 
course  taken  for  procuring  a coine  with  out  which  no  Towne  nor  Markitt 
can  well  subsist  : And  this  can  no  way  be  effected  but  by  the  ballance  of 
Trade;  And  therefore  I doe  most  highly  applaude  your  Lordshipe  de- 
signe  of  making  Wine  in  this  Country:  for  I am  confident  that  if  the 
value  of  the  drinke  only  within  Twenty  yeares  past  brought  into  Vir- 
ginia had  been  Imported  in  Silver;  Virginia  would  have  had  more 
money  for  the  number  of  her  English  Inhabitants  then  most  if  not  the 
most  opulent  countrys  have  in  Europe.  But  Sr  I begin  now  to  go  be- 
yond my  last  If  my  zealc  to  this  Place  (which  I have  many  years  endeav- 
oured and  encouraged  to  seate)  transports  me  to  this  kind  of  building 
Castles  in  the  Aire,  I hope  your  Goodnesse  will  be  pleased  to  excuse  me 
since  I perceive  there  are  some  well  willers  to  this  Place  in  England  doe 
the  like:  I shall  therefore  conclude  with  this  humble  request  that  you 
will  be  pleased  to  entertain  thes  Truth  for  a Maxim 

Those  that  live  upon  a Place  are  best  able  to  Judge  of  that  Place 
Therefore  the  Petition  of  the  Generali  Assemblie  that  was  here  convened 
will  diserve  your  Honors  serious  consideration;  of  which  with  theire 
other  proceedings  likewise,  I doubt  not  but  our  Noble  Governor  will  give 
you  a true  Aocompt,  he  being  bv  the  Assembly  therewith  intrusted  And 
if  in  any  thing  (besides  the  Publique)  1 can  serve  your  Perticular  Inter- 
est Command 

Si  r 

Your  most  faithfull  and  most  humble  servant 

THO:  WOODWARD 
I make  no  question  but  Mr  Carteret  our  Secretary  will  answer  all  your 
expectations  for  I assure  you  he  is  Diligent  ; and  the  Spanish  Proverb 
tells  us. 

Que  la  buena  Diligencia,  e,s*  la  Madce  ile  la  Buena  Ventura. 

Albemarle  Counties  June  2nd  16(35. 

(Endorsed) 

To  the  Honorable 

SIR  JOHN  COLLATON 
neere 

St  Jameses 

London 
these  present 

T WOODWARD 
to 

SIR  JOHN  COLLETON 
2"4  June  65 


102 


COLONIAL  RECORDS. 


[Reprinted  from  Revised  Statutes  of  North  Carolina,  Vol.  II,  Page  Lj 


THE  SECOND  CHARTER  GRANTED  BY  KING  CHARLES 
THE  SECOND,  TO  THE  PROPRIETORS  OF  CARO- 
LINA, DATED  THE  THIRTIETH  DAY  OF 
JUNE,  IN  THE  SEVENTEENTH  YEAR 
OF  HIS  REIGN,  A.  D.,  1665. 

Chari.es  the  second,  by  the  grace  of  God,  of  Great  Britain,  France 
and  Ireland,  King,  Defender  of  the  Faith,  Ac.  Whereas,  by  our  let- 
ters patent,  bearing  date  the  twentyfourtli  day  of  March,  in  the  fifteenth 
year  of  our  reign,  we  were  graciously  pleased  to  grant  unto  our  right  trusty 
and  right  well-beloved  cousin  and  counsellor  Edward  Earl  of  Clarendon, 
our  high  chancellor  of  England;  our  right  trusty  and  entirely  beloved 
cousin  and  counsellor  George  Duke  of  Albemarle,  master  of  our  horse; 
our  right  trusty  and  well-beloved  William  now  Earl  of  Craven;  our  right 
trusty  and  well-beloved  counsellor  John  Lord  Berkeley;  our  right  trusty 
and  well-beloved  counsellor  Anthony  Lord  Ashley,  chancellor  of  our 
exchequer;  our  right  trusty  and  well-beloved  counsellor  Sir  George  Car- 
teret, knight  and  baronet,  vice-chancellor  of  our  household ; our  right 
trusty  and  well-beloved  Sir  John  Colleton,  knight  and  baronet;  and  Sir 
William  Berkeley,  knight;  all  that  province,  territory,  or  tract  of  ground, 
called  Carolina,  situate,  lying  and  being  within  our  dominions  of  Amer- 
ica ; extending  from  the  north  end  of  the  island  called  Luke  Island, 
which  lieth  in  the  southern  Virginia  seas,  and  within  thirtysix  degrees  of 
north  latitude;  and  to  the  west,  as  far  as  the  south  seas;  and  so  respect- 
ively as  far  as  the  river  of  Matthias,  which  bordereth  upon  the  coast  of 
Florida,  and  within  thirtyone  degrees  of  northern  latitude;  and  so  west, 
in  a direct  line,  as  far  as  the  south  seas  aforesaid. 

Now  know  ye,  That  we,  at  the  humble  request  of  the  said  grantees,  in 
the  aforesaid  letters  patent  named,  and  as  a further  mark  of  our  especial 
favour  to  them,  we  are  graciously  pleased  to  enlarge  our  said  grant  unto 
them,  according  to  the  bounds  and  limits  hereafter  specified,  and  in 
favour  to  the  pious  and  noble  purpose  of  the  said  Edward  Earl  of  Clar- 
endon, George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Ashley,  .Sir  George  Carteret,  Sir  John  Colleton, 
and  Sir  William  Berkeley,  their  heirs  and  assigns,  all  that  province,  ter- 
ritory or  tract  of  land,  situate,  lying  and  being  within  our  dominions  of 
America  aforesaid ; extending  north  and  eastward,  as  far  as  the  north  end 


COLONIAL  RECORDS. 


103 


of  Currituck  river  or  inlet,  upon  a strait  westerly  line  to  Wyonoak  creek, 
which  lies  within  or  about  the  degrees  of  thirtysix  and  thirty  minutes, 
northern  latitude;  and  so  west,  in  a direct  line,  as  far  as  the  south  seas; 
and  south  and  westward,  as  far  as  the  degrees  of  twentynine,  inclusive, 
of  northern  latitude;  and  so  west,  in  a direct  line,  as  far  as  the  south 
seas;  together  with  all  and  singular  the  ports,  harbours,  bays,  rivers  and 
inlets,  belonging  unto  the  province  or  territory  aforesaid ; and  also,  all 
the  soils,  lands,  fields,  woods,  mountains,  terms,  lakes,  rivers,  bays  and 
islets,  situate  or  being  within  the  bounds  or  limits  last  before  mentioned ; 
with  the  fishings  of  all  soils  of  fish,  whales,  sturgeons,  and  all  other  royal 
fish  in  the  sea,  bays,  islets  and  rivers,  within  the  premises,  and  the  fish, 
therein  taken,  together  with  the  royalty  of  the  sea  upon  the  coast  within 
the  limits  aforesaid ; and  moreover  all  veins,  mines  and  quarries,  as  well 
discovered  as  not  discovered,  of  gold,  silver,  gems  and  precious  stones, 
metal,  or  any  other  thing,  found,  or  to  be  found,  within  the  province, 
territory,  islets  and  limits  aforesaid;  and  furthermore,  the  patronage  and 
advowsons  of  all  the  churches  and  chapels,  which,  as  Christian  religion 
shall  increase  within  the  province,  territory,  isles  and  limits  aforesaid, 
shall  happen  hereafter  to  he  erected ; together  with  license  and  power  to 
build  and  found  churches,  chapels  and  oratories,  in  convenient  and  fit 
places,  within  the  said  bounds  and  limits;  and  to  cause  them  to  be  dedi- 
cated and  consecrated,  according  to  the  ecclesiastical  laws  of  our  kingdom 
of  England;  together  will  all  and  singular  the  like  and  ns  ample  rights, 
jurisdictions,  privileges,  prerogatives,  royalties,  liberties,  immunities,  and 
franchises  of  what  kind  soever,  within  the  territory,  isles,  islets  and  lim- 
its aforesaid:  to  have,  hold,  use,  exercise,  and  enjoy  t he  same,  as  amply, 
fully  and  in  as  ample  manner,  as  any  Bishop  of  Durham,  in  our  king- 
dom of  England,  ever  heretofore  had,  held,  used,  or  enjoyed,  or  of  right 
ought  or  could  have,  use,  or  enjoy : and  them  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John 
Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns,  we  do,  by 
these  presents,  for  us,  our  heirs  and  successors,  make,  create,  and  consti- 
tute, the  true  and  absolute  lords  and  proprietors  of  the  said  province  or 
territory,  and  of  all  other  the  premises;  saving  always  the  faith,  allegi- 
anee,  and  sovereign  dominion,  due  to  us,  our  heirs  and  successors,  for  the 
same;  to  hold,  possess,  and  enjoy  the  said  province,  territory,  islets,  and 
all  and  singular  other  the  premises,  to  them  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony- Lord  Ashley,  Sir  George  Carteret,  Sir  John 


104 


COLONIAL  RECORDS. 


Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns  forever;  to 
be  liolden  of  ns,  our  heirs  and  succsssors,  as  of  our  manor  of  East  Green- 
wich, in  Kent,  in  free  and  common  socage,  and  not  in  capite,  or  by 
knight’s  service:  yielding  and  paying,  yearly,  to  us,  our  heirs  and  suc- 
cessors, for  the  same,  the  fourth  part  of  all  gold  and  silver  ore,  which, 
within  the  limits  hereby  granted,  shall,  from  time  to  time,  happen  to  be 
found,  over  and  besides  the  yearly  rent  of  twenty  marks,  and  the  fourth 
paid  of  the  gold  and  silver  ore,  in  and  by  the  said  written  letters  patent 
reserved  and  payable. 

And  that  the  province  or  territory  hereby  granted  and  described,  may 
be  dignified  with  as  large  tythes  and  privileges,  as  any  other  parts  of  our 
dominions  and  territories  in  that  region:  Know  ye,  That  we,  of  our  fur- 
ther grace,  certain  knowledge,  and  mere  motion,  have  thought  fit  to  annex 
the  same  tract  of  ground  or  territory  unto  the  same  province  of  Carolina; 
and  out  of  the  fulness  of  our  royal  power  and  prerogative,  we  do,  for  us, 
our  heirs  and  successors,  annex  and  unite  the  same  to  the  said  province 
of  Carolina. 

And  forasmuch  as  we  have  made  and  ordained  the  aforesaid  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns,  the 
true  lords  and  proprietors  of  all  the  province  or  territory  aforesaid; 
Know  ye  therefore  moreover,  That  we,  reposing  especial  trust  and  confi- 
dence in  their  fidelity,  wisdom,  justice,  and  provident  circumspection,  for 
us,  our  heirs  and  successors,  do  grant  full  and  absolute  power,  by  virtue 
of  these  presents,  to  them  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley, 
Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  their  heirs  and  assigns,  for  the  good  and  happy  gov- 
ernment of  the  said  whole  province  or  territory,  full  power  and  authority, 
to  erect,  constitute,  and  make  several  counties,  baronies,  and  colonies,  of 
and  within  the  said  provinces,  territories,  lands,  and  hereditaments,  in 
and  by  the  said  letters  patent,  granted,  or  mentioned  to  be  granted,  as 
aforesaid,  with  several  and  distinct  jurisdictions,  powers,  liberties,  and 
privileges:  and  also,  to  ordain,  make,  and  enact,  and  under  their  seals,  to 
publish  any  laws  and  constitutions  whatsoever,  either  appertaining  to  the 
public  state  of  the  whole  province  or  territory,  or  of  any  distinct  or  par- 
ticular county,  barony,  or  colony,  or  of  or  within  the  same,  or  to  the 
private  utility  of  particular  persons,  acccording  to  their  best  directions, 
by  and  with  the  advice,  assent  and  approbation,  of  the  freemen  of  the 


COLONIAL  RECORDS. 


105 


said  province  or  territory,  or  of  the  freemen  of  the  county,  barony,  or 
colony,  for  which  such  law  or  constitution  shall  be  made,  or  the  greater 
part  of  them,  or  of  their  delegates  or  deputies,  whom,  for  enacting  of  the 
said  laws,  when,  and  as  often  as  need  shall  require,  we  will,  that  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl 
of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs 
or  assigns,  shall,  from  time  to  time,  assemble  in  such  manner  and  form 
as  to  them  shall  seem  best;  and  the  same  laws  duly  to  execute,  upon  all 
people  within  the  said  province  or  territory,  county,  barony,  or  colony, 
or  the  limits  thereof,  for  the  time  being,  which  shall  be  constituted,  under 
the  power  and  government  of  them  or  any  of  them,  either  sailing  towards 
the  said  province,  or  territory  of  Carolina,  or  returning  from  thence  to- 
wards England,  or  any  other  of  our  or  foreign  dominions,  by  imposition 
of  penalties,  imprisonment,  or  any  other  punishment  ; yea,  if  it  shall  be 
needful,  and  the  quality  of  the  offence  require  it,  bv  taking  away  member 
and  life,  either  by  them  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley, 
Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  and  their  heirs  or  by  them,  or  their  deputies,  lieuten- 
ants, judges,  justices,  magistrates,  or  officers,  whatsoever,  as  well  within 
the  said  province,  as  at  sea,  in  such  manner  and  form  as  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl 
of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs, 
shall  seem  most  convenient:  and  also,  to  remit,  release,  pardon,  and  abol- 
ish, whether  before  judgment  or  after,  all  crimes  and  offences  whatsoever 
against  the  said  laws;  and  to  do  all  and  every  thing  and  things,  which, 
unto  the  complete  establishment  of  justice,  unto  courts,  sessions,  and  forms 
of  judicature,  and  manners  of  proceeding  therein,  do  belong,  although  in 
these  presents  express  mention  is  not  made  thereof;  and  by  judges  to  him 
or  them  delegated,  to  award  process,  hold  pleas,  and  determine,  in  all  the 
said  courts  and  places  of  judicature,  all  actions,  suits,  and  causes  whatso- 
ever, as  well  criminal  as  civil,  real,  rnixt,  personal,  or  of  any  other  kind 
or  nature  whatsoever:  which  laws  so  as  aforesaid  to  lie  published,  our 
pleasure  is,  and  we  do  enjoin,  require,  and  command,  shall  be  absolutely 
firm  and  available  in  law;  and  that  all  the  liege  people  of  us,  our  heirs 
and  successors,  within  the  said  province  or  territory,  do  observe  and  keep 
the  same  inviolably  in  those  parts,  so  far  a"  they  concern  them,  under  the 
pains  and  penalties  therein  expressed,  or  to  be  expressed : Provided  mer- 
it) 


COLONIAL  RECORDS. 


106 


ertheletw , That  the  said  laws  be  consonant  to  reason,  and  as  near  as  may 
be  conveniently,  agreeable  to  the  laws  and  customs  of  this  our  realm  of 
England. 

And  because  such  assemblies  of  freeholders  cannot  be  so  suddenly 
called  as  there  may  be  occasion  to  require  the  same,  we  do  therefore,  by 
these  presents,  give  and  grant  unto  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  W illiam  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  W illiam  Berkeley,  their  heirs  and  assigns,  by  themselves,  or  their 
magistrates,  in  that  behalf  lawfully  authorised,  full  power  and  authority, 
from  time  to  time,  to  make  and  ordain  fit  and  wholesome  orders  and 
ordinances  within  the  province  or  territory  aforesaid,  or  any  county, 
barony,  or  province,  within  the  same,  to  be  kept  and  observed,  as  well 
for  the  keeping  of  the  peace,  as  for  the  better  government  of  the  people 
there  abiding,  and  to  publish  the  same  to  all  whom  it  may  concern : 
which  ordinances  we  do,  by  these  presents,  straitlv  charge  and  command 
to  be  inviolably  observed  within  the  same  province,  counties,  territories, 
baronies  and  provinces,  under  the  penalties  therein  expressed  ; so  as  such 
ordinances  be  reasonable,  and  not  repugnant  or  contrary,  but  as  near  as 
may  be,  agreeable  to  the  laws  and  statutes  of  this  our  kingdom  of  Eng- 
land; and  so  as  the  same  ordinances  do  not  extend  to  the  binding,  charg- 
ing, or  taking  away  the  right  or  interest  of  any  person  or  persons,  in 
their  freehold,  goods,  or  chattels,  whatsoever. 

And  to  the  end  the  said  province  or  territory  may  be  the  more  happily 
increased,  by  the  multitude  of  people  resorting  thither,  and  may  likewise 
be  the  more  strongly  defended  from  the  incursions  of  savages,  and  other 
enemies,  pirates  and  robbers ; therefore,  we,  for  us,  our  heirs  and  succes- 
sors, do  give  and  grant,  by  these  presents,  full  power,  license  and  liberty, 
unto  all  the  liege  people  of  us,  our  heirs  and  successors,  in  our  kingdom  of 
England,  and  elsewhere,  within  any  other  our  dominions,  islands,  colonies, 
or  plantations,  (excepting  those  who  shall  be  especially  forbidden)  to  trans- 
port themselves  and  families  into  the  said  province  or  territory,  with 
convenient  shipping  and  fitting  provision ; and  there  to  settle  themselves, 
dwell,  and  inhabit:  any  law,  act,  statute,  ordinance,  or  other  thing,  to 
the  contrary,  notwithstanding. 

And  we  will  also,  and  of  our  especial  grace,  for  us,  our  heirs  and  suc- 
cessors, do  straitly  enjoin,  ordain,  constitute,  and  command,  that  the  said 
province  and  territory  shall  be  of  our  allegiance ; and  that  all  and  sing- 
ular the  subjects  and  liege  people  of  us,  our  heirs  and  successors,  trans- 
ported or  to  be  transported  into  the  said  province,  and  the  children  of 


COLONIAL  RECORDS. 


107 


them,  and  such  as  shall  descend  from  them  there  born,  or  hereafter  to  be 
born,  be,  and  shall  be  denizens  and  lieges  of  us,  our  heirs  and  successors, 
of  this  our  kingdom  of  England,  and  be  in  all  things,  held,  treated  and 
reputed,  as  the  liege,  faithful  people  of  us,  our  heirs  and  successors,  born 
within  this  our  said  kingdom,  or  any  other  of  our  dominions;  and  may 
inherit  or  otherwise  purchase  and  receive,  take,  hold,  buy  and  possess, 
any  lands,  tenements,  or  hereditaments,  within  the  said  places,  and  them 
may  occupy  and  enjoy,  sell,  alien,  and  bequeath;  as  likewise,  all  liberties, 
franchises,  and  privileges,  of  this  our  kingdom,  and  of  other  our  domin- 
ions aforesaid,  may  freely  and  quietly  have,  possess,  and  enjoy,  as  our 
liege  people,  born  within  the  same,  without  the  molestation,  vexation, 
trouble,  or  grievance,  of  us,  our  heirs  and  successors:  anv  act,  statute, 
ordinance,  or  provision,  to  the  contrary  notwithstanding. 

And  furthermore,  that  our  subjects  of  this  our  said  kingdom  of  Eng- 
land, and  other  our  dominions,  may  be  the  rather  encouraged  to  under- 
take this  expedition,  with  ready  and  cheerful  means;  Know  ve,  that  we 
of  our  especial  grace,  certain  knowledge,  and  mere  motion,  do  give  and 
grant,  bv  virtue  of  these  presents,  as  well  to  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John 
Colleton,  and  Sir  William  Berkeley,  and  their  heirs,  as  unto  all  others 
as  shall,  from  time  to  time,  repair  unto  the  said  province  or  territory, 
with  a purpose  to  inhabit  there,  or  to  trade  with  the  natives  thereof;  full 
liberty  and  license,  to  lade  and  freight,  in  every  port  whatsoever,  of  us, 
our  heirs  and  successors,  and  into  the  said  province  of  Carolina,  by  them, 
their  servants^ and  assigns,  to  transport  all  and  singular  their  goods, 
wares  and  merchandises;  as  likewise  all  sorts  of  grain  whatsoever,  and 
any  other  thing  whatsoever,  necessary  for  their  food  and  clothing,  not 
prohibited  by  the  laws  and  statutes  of  our  kingdom  and  dominions,  to 
be  carried  out  of  the  same,  without  any  let  or  molestation  of  us,  our 
heirs  and  successors,  or  of  any  other  our  officers  or  ministers  whatsoever; 
saving  also  unto  us,  our  heirs  and  successors,  the  customs,  and  other 
duties  and  payments,  due  for  the  said  wares  and  merchandises,  according 
to  the  several  rates  of  the  places  from  whence  the  same  shall  be  trans- 
ported. 

We  will  also,  and  by  these  presents,  for  us,  our  heirs  and  successors, 
do  give  and  grant  license  by  this  our  charter,  unto  the  said  Edward  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  Ceorge  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs  and  assigns, 


108 


COLONIAL  RECORDS. 


and  to  all  the  inhabitants  and  dwellers  hi  tlie  pro\  ince  or  territory  afore- 
said, both  present  and  to  come,  full  power  and  absolute  authority,  to  im- 
port or  unlade,  by  themselves  or  their  servants,  factors,  or  assigns,  all 
merchandises  and  goods  whatsoever  that  shall  arise  of  the  fruits  and  com- 
modities of  the  said  province  or  territory,  either  by  land  or  sea,  into  any 
(lie  ports  of  us,  our  heirs  and  successors,  in  our  kingdom  of  England, 
Scotland,  or  Ireland,  or  otherwise  to  dispose  of  the  said  goods  in  the 
said  ports;  and,  if  need  be,  within  one  year  next  after  the  unlading,  to 
lade  the  said  merchandises  and  goods  again  into  the  same  or  other  ships; 
and  to  export  the  same  into  any  other  countries,  either  of  our  dominions 
or  foreign,  being  in  amity  with  us,  our  heirs  and  successors,  so  as  they 
pay  such  customs,  subsidies  and  other  duties,  for  the  same,  to  us,  our 
heirs  and  successors,  as  the  rest  of  our  subjects  of  this  our  kingdom,  for 
the  time  being,  shall  be  bound  to  pay;  beyond  which,  we  will  not,  that 
the  inhabitants  of  the  said  province  or  territory  shall  be  any  ways  charged : 
Provided,  nevertheless,  and  our  will  and  pleasure  is,  and  we  have  further, 
for  the  considerations  aforesaid,  of  our  especial  grace,  certain  knowledge, 
and  mere  motion,  given  and  granted,  and  by  these  presents,  for  us,  our 
heirs  and  successors,  do  give  and  grant  unto  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John 
Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns,  full  and  free 
license,  power  and  authority,  at  any  time  or  times,  from  and  after  the 
feast  of  St.  Michael  the  Archangel,  which  shall  be  in  the  year  of  our 
Lord  Christ  one  thousand  six  hundred  and  sixty-seven,  as  well  to  im- 
port and  bring  into  any  of  our  dominions,  from  the  said  province  of 
Carolina,  or  any  part  thereof,  the  several  goods  hereinafter  mentioned ; 
that  is  to  say,  silks,  wines,  raisins,  capers,  wax,  almonds,  oil,  olives,  with- 
out paying  or  answering  to  us,  our  heirs  and  successors,  any  custom,  im- 
post, or  other  duty,  for  or  in  respect  thereof,  for  and  during  the  term 
and  space  of  seven  years,  to  commence  and  be  accounted  from  and  after 
the  importation  of  four  tons  of  any  of  the  said  goods,  in  anyone  bottom, 
ship  or  vessel,  from  the  said  province  or  territory,  into  any  of  our  do- 
minions ; as  also,  to  export  and  carry  out  of  any  of  our  dominions,  into  the 
said  province  or  territory,  custom  free,  all  sorts  of  tools  which  shall  be 
useful  or  necessary  for  the  planters  there,  in  the  accommodation  and  im- 
provement of  the  premises:  any  thing  before  in  these  presents  contained, 
or  any  law,  act,  statute,  prohibition,  or  other  matter  or  thing,  heretofore 
had,  made,  enacted,  or  provided,  in  any  wise  notwithstanding. 


COLONIAL  RECORDS. 


109 


And  furthermore,  of  our  more  ample  and  especial  grace,  certain  knowl- 
edge, and  mere  motion,  we  do,  for  us,  our  heirs  and  successors,  grant  unto 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and 
assigns,  full  and  absolute  power  and  authority,  to  make,  erect,  and  consti- 
tute, within  the  said  province  or  territory,  and  the  isles  and  islets  afore- 
said, such  and  so  many  sea-ports,  harbors,  creeks,  and  other  places,  for 
discharge  and  unlading  of  goods  and  merchandises,  out  of  ships,  boats  and 
other  vessels,  and  for  lading  of  them,  in  such  and  so  many  places,  with 
such  jurisdictions,  and  privileges  and  franchises,  unto  the  said  ports  be- 
longing, as  to  them  shall  seem  most  expedient,  and  that  all  and  singular 
the  ships,  boats  and  other  vessels,  which  shall  come  for  merchandises  and 
trade  into  the  said  province  or  territory,  or  shall  depart  out  of  the  same, 
shall  be  ladfen  and  unladen  at  such  ports  only  as  shall  be  erected  and  con- 
stituted by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berke- 
ley, their  heirs  and  assigns,  and  not  elsewhere:  any  use,  custom,  or  thing, 
to  the  contrary  notwithstanding. 

And  we  do  further  will,  appoint,  and  ordain,  and  by  these  presents, 
for  us,  our  heirs,  and  successors,  do  grant  unto  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John 
Colleton,  and  Sir  William  Berkeley,  and  their  heirs  and  assigns,  that  they 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs 
and  assigns,  may,  from  time  to  time,  forever,  have  and  enjoy  the  customs 
and  subsidies,  in  the  ports,  harbors,  creeks,  and  other  places  within  the 
province  aforesaid,  payable  for  the  goods,  wares  and  merchandises  there 
laded,  or  to  be  laded  or  unladed;  the  said  customs  to  be  reasonably 
assessed,  upon  any  occasion,  by  themselves,  and  by  and  with  the  consent 
of  the  free  people,  or  the  greater  part  of  them,  as  aforesaid;  to  whom  we 
give  power,  bv  these  presents,  for  us,  our  heirs  and  successors,  upon  just 
cause,  and  in  due  proportion,  to  assess  and  impose  the  same. 

And  further,  of  our  especial  grace,  certain  knowledge,  and  mere  motion, 
we  have  given,  granted  and  confirmed,  and  by  these  presents,  for  us,  our 
heirs  and  successors,  do  give,  grant  and  confirm,  unto  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 


no 


COLONIAL  RECORDS. 


John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns,  full 
and  absolute  power,  license  and  authority,  that  they,  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  W illiam  Berkeley,  their  heirs  and  assigns,  from 
time  to  time  hereafter,  forever,  at  his  and  their  will  and  pleasure,  may 
assign,  alien,  grant,  demise,  or  enfeoff,  the  premises,  or  any  part  or  parcel 
thereof,  to  him  or  them  that  shall  be  willing  to  purchase  the  same,  and 
to  such  person  and  persons  as  they  shall  think  fit;  to  have  and  to  hold 
to  them,  the  said  person  or  persons,  their  heirs  and  assigns,  in  fee  simple, 
or  in  fee-tail,  or  for  term  of  life  or  lives,  or  years;  to  be  held  of  them 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  W il- 
liam  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs 
and  assigns,  by  such  rents,  services  and  customs  as  shall  seem  fit  to  them 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs 
and  assigns,  and  not  of  us  our  heirs  and  successors:  and  to  the  same 
person  and  persons,  and  to  all  and  every  of  them,  we  do  give  and  grant, 
bv  these  presents,  for  us,  our  heirs  and  successors,  license,  authority  and 
power,  that  such  person  or  persons  may  have  and  take  the  premises,  or 
any  part  thereof,  of  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William 
Berkeley,  their  heirs  and  assigns,  and  the  same  to  hold  to  themselves, 
their  heirs  and  assigns,  in  what  estate  of  inheritance  soever,  in  fee-simple, 
or  fee-tail  or  otherwise,  as  to  them  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  W illiam  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  William  Berkeley,  their  heirs  or  assigns,  shall  seem  expedient;  the 
statute  in  the  parliament  of  Edward,  son  of  King  Henry,  heretofore 
King  of  England,  our  predecessor,  commonly  called  the  statute  of  quia 
emptores  term  rum,  or  any  other  statute,  act,  ordinance,  use,  law,  custom, 
or  any  other  matter,  cause  or  thing,  heretofore  published  or  provided  to 
the  contrary,  in  anv-wise  notwithstanding. 

And  because  many  persons,  born  and  inhabiting  in  the  said  province, 
for  their  deserts  anti  services,  may  expect  and  be  capable  of  marks  of 
honor  and  favor,  which,  in  respect  of  the  great  distance,  cannot  be  con- 


COLONIAL  RECORDS. 


Ill 


veniently  conferred  by  us;  our  will  and  pleasure  therefore  is,  and  we  do 
by  these  presents,  give  and  grant  unto  the  said  Edward  Earl  of  Claren- 
don, George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton, 
and  Sir  William  Berkeley,  and  their  heirs  and  assigns,  full  power  and 
authority,  to  give  and  confer  unto  and  upon  such  of  the  inhabitants  of 
the  said  province  or  territory,  as  they  shall  think  do  or  shall  merit  the 
same,  such  marks  of  favor  and  titles  of  honor,  as  they  shall  think  fit;  so 
as  their  titles  or  honors  be  not  the  same  as  are  enjoyed  by  or  conferred 
upon  any  of  the  subjects  of  this  our  kingdom  of  England. 

And  further  also,  we  do,  by  these  presents,  for  us,  our  heirs,  and  suc- 
cessors, give  and  grant  license  to  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  William  Berkeley,  and  their  heirs  and  assigns,  full  power,  liberty  and 
license,  to  erect,  raise  and  build,  within  the  said  province  and  places 
aforesaid,  or  any  part  or  parts  thereof,  such  and  so  many  forts,  fortresses, 
castles,  cities,  boroughs,  towns,  villages,  and  other  fortifications  whatso- 
ever; and  the  same,  or  any  of  them,  to  fortify  and  furnish  with 
ordnance,  powder,  shot,  armour,  and  all  other  weapons,  ammuni- 
tion, and  habiliments  of  war,  both  defensive  and  offensive,  as  shall  be 
thought  fit  and  convenient,  for  the  safety  and  welfare  of  the  said 
province  and  places  or  any  part  thereof;  and  the  same  or  any  of 
them,  from  time  to  time,  as  occasion  shall  require,  to  dismantle, 
disfurnish,  demolish  and  pull  down:  and  also  to  place,  constitute  and 
appoint,  in  or  over  all  or  any  of  the  said  castles,  forts,  fortifications, 
cities,  towns,  and  places  aforesaid,  governors,  deputy-governors,  magis- 
trates, sheriffs,  and  other  officers,  civil  and  military,  as  to  them  shall  seem 
meet;  and  to  the  said  cities,  boroughs,  towns,  villages,  or  any  other  place 
or  places,  within  the  said  province  or  territory,  to  grant  letters  or  charters 
of  incorporation,  with  all  liberties,  franchises,  and  privileges,  requisite 
or  usual,  or  to  or  within  this  our  kingdom  of  England  granted  or  belong- 
ing; and  in  the  same  cities,  boroughs,  towns,  and  other  places,  to  consti- 
tute, erect  and  appoint  such  and  so  many  markets,  marts,  and  fairs,  as 
shall,  in  that  behalf,  be  thought  fit  and  necessary : and  further  also,  to 
erect  and  make  in  the  province  or  territory  aforesaid,  or  any  part  thereof, 
so  many  manors,  with  such  seignories  as  to  them  shall  seem  meet  and 
convenient ; and  in  every  of  the  same  manors  to  have  and  to  hold  a court- 
baron,  with  all  things  whatsoever  which  to  a court-baron  do  belong,  and 
to  have  and  to  hold  views  of  frank-pledge  and  court-leets,  for  the  conser- 


112 


COLONIAL  RECORDS. 


vationof  the  peace  and  better  government  of  those  parts,  with  such  limits, 
jurisdictions  and  precincts,  as  by  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  William  Berkeley,  or  their  heirs  shall  be  appointed  for  that  purpose, 
with  all  things  whatsoever  which  to  a court-leet,  or  view  of  frank-pledge, 
do  belong;  the*  same  courts  to  be  holden  by  stewards,  to  be  deputed  and 
authorised  by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berke- 
ley, or  their  heirs,  by  the  lords  of’  the  manors  and  leets,  for  the;  time  be- 
ing, when  the  same  shall  be  erected. 

And  because  that  in  so  remote  a country,  and  situate  among  so  many 
barbarous  nations,  the  invasions  of  savages  and  other  enemies,  pirates  and 
robbers,  may  probably  be  feared ; therefore,  we  have  given,  and  for  us, 
our  heirs  and  successors,  do  give  power  by  these  presents,  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl 
of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Car- 
teret, Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  or  assigns, 
by  themselves,  or  their  captains,  or  other  officers,  to  levy,  muster  and  train 
up  all  sorts  of  men,  of  what  condition  soever,  or  wheresoever  born,  whether 
in  the  said  province,  or  elsewhere,  for  the  time  being;  and  to  make  war, 
and  pursue  the  enemies  aforesaid,  as  well  by  sea,  as  by  land ; yea,  even 
without  the  limits  of  the  said  province,  and,  by  God’s  assistance,  to  van- 
quish and  take  them ; and  being  taken,  to  put  them  to  death,  by  the  law 
of  war,  and  to  save  them  at  their  pleasure,  and  to  do  all  and  every  other 
thing,  which  to  the  charge  and  office  of  a captain-general  of  an  army, 
hath  had  the  same. 

Also,  our  will  and  pleasure  is,  and  by  this  our  charter,  we  do  give  and 
grant  unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berke- 
ley, their  heirs  and  assigns,  full  power,  liberty  and  authority,  in  case  of 
rebellion,  tumult,  or  sedition  (if  any  should  happen,  which  God  forbid) 
either  upon  the  land  within  the  province  aforesaid,  or  upon  the  main  sea, 
in  making  a voyage  thither,  or  returning  from  thence,  bv  him  and  them- 
selves, their  captains,  deputies,  or  officers,  to  be  authorised  under  his  or 
their  seals,  for  that  purpose;  to  whom  also,  for  us,  our  heirs  and  succes- 
sors, we  do  give  and  grant,  by  these  presents,  fidl  power  and  authority, 
to  exercise  martial  law  against  any  mutinous  and  seditious  persons  of  these 


COLONIAL  RECORDS. 


11.'} 


parts;  such  as  shall  refuse  to  submit  themselves  to  their  government,  or 
shall  refuse  to  serve  in  the  war,  or  shall  fly  to  the  enemy,  or  forsake  their 
colors  or  ensigns,  or  be  loiterers,  or  stragglers,  or  otherwise  offending 
against  law,  custom,  or  military  discipline;  as  freely  and  in  as  ample 
manner  and  form,  as  any  captain-general  of  an  army,  by  virtue  of  his 
office,  might  or  hath  accustomed  to  use  the  same. 

And  our  further  pleasure  is,  and  by  these  presents,  for  us,  our  heirs 
and  successors,  we  do  grant  unto  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  William  Berkeley,  their  heirs  and  assigns,  and  to  the  tenants  and  in- 
habitants of  the  said  province  or  territory,  both  present  and  to  come,  and 
to  every  of  them,  that  the  said  province  or  territory,  and  the  tenants 
and  inhabitants  thereof,  shall  not,  from  henceforth,  be  held  or  reputed 
any  member  or  part  of  any  colony  whatsoever  in  America,  or  else- 
where now  transported  or  made,  or  hereafter  to  be  transported  or 
made;  nor  shall  be  depending  on,  or  subject  to  their  government 
in  any  thing,  but  be  absolutely  separated  and  divided  from  the  same ; 
and  our  pleasure  is,  by  these  presents,  that  they  be  separated,  and 
that  they  be  subject  immediately  to  our  crown  of  England,  as  de- 
pending thereof,  forever:  and  that  tin1  inhabitants  of  the  said  province 
or  territory,  nor  any  of  them,  shall,  at  any  time  hereafter,  be  compelled, 
or  compellable,  or  be  any  ways  subject  or  liable  to  appear  or  answer  to 
any  matter,  suit,  cause  or  plaint  whatsoever,  out  of  the  province  or  terri- 
tory aforesaid,  in  any  other  of  our  islands,  colonies,  or  dominions  in 
America,  or  elsewhere,  other  than  in  our  realm  of  England,  and  do- 
minions of  Wales. 

And  because  it  may  happen  that  some  of  the  people  and  inhabitants 
of  the  said  province  cannot,  in  their  private  opinions,  conform  to  the 
public  exercise  of  religion,  according  to  the  liturgy,  forms  and  ceremo- 
nies of  the  church  of  England,  or  take  and  subscribe  the  oaths  and  arti- 
cles made  and  established  in  that  behalf;  and  for  that  the  same,  by  reason 
of  the  remote  distances  of  those  places,  will,  as  we  hope,  be  no  breach  of 
the  unity  and  conformity  established  in  this  nation  ; our  will  and  pleas- 
ure therefore  is,  ami  we  do,  by  these  presents,  for  us,  our  heirs  and 
successors,  give  and  grant  unto  the  said  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  William  Berkeley,  their  heirs  and  assigns,  full  and  free  license,  lib- 
,erty  and  authority,  bv  such  ways  and  means  as  they  shall  think  fit,  to 
11 


114 


COLONIAL  RECORDS. 


give  and  grant  unto  such  person  and  persons,  inhabiting  and  being  within 
the  said  province  or  territory,  hereby,  or  by  the  said  recited  letters  patent 
mentioned  to  be  granted  as  aforesaid,  or  any  part  thereof,  such  indul- 
gences and  dispensations,  in  that  behalf,  for  and  during  such  time  and 
times,  and  with  such  limitations  and  restrictions,  as  they  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  their  heirs  or  assigns,  shall,  in 
their  discretion,  think  fit  and  reasonable:  and  that  no  person  or  persons 
unto  whom  such  liberty  shall  be  given,  shall  be  any  way  molested, 
punished,  disquieted,  or  called  in  question,  for  any  differences  in  opinion, 
or  practice  in  matters  of  religious  concernments,  who  do  not  actually 
disturb  the  civil  peace  of  the  province,  county  or  colony,  that  they  shall 
make  their  abode  in : but  all  and  every  such  person  and  persons  may, 
from  time  to  time,  and  at  all  times,  freely  and  quietly  have  and  enjoy  his 
and  their  judgments  and  consciences,  in  matters  of  religion,  throughout  all 
the  said  province  or  colony,  they  behaving  themselves  peaceably,  and  not 
using  this  liberty  to  licentiousness,  nor  to  the  civil  injury,  or  outward 
disturbance  of  others;  any  law,  statute  or  clause,  contained  or  to  be  con- 
tained, usage  or  custom  of  our  realm  of  England,  to  the  contrary  hereof, 
in  any  wise  notwithstanding. 

And  in  case  it  shall  happen,  that  any  doubts  or  questions  shall  arise, 
concerning  the  true  sense  and  understanding  of  any  word,  clause,  or  sen- 
tence contained  in  this  our  present  charter;  we  will,  ordain  and  command, 
that  in  all  times,  and  in  all  things,  such  interpretations  be  made  thereof, 
and  allowed  in  all  and  every  of  our  courts  whatsoever,  as  lawfully  may 
be  adjudged  most  advantageous  and  favorable  to  the  said  Edward  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony,  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns,  although 
express  mention,  &c. 

Witness  ourself,  at  Westminster,  the  thirtieth  day  of  June,  in  the 
seventeenth  year  of  our  reign. 


PER  IPSUM  REGEM. 


COLONIAL  RECORDS.  115 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle.  48.  No.  5.] 

ACC0 

Oft’  Fees  in  passing  ve  Charter  and  Duplicate  of  Carolina  vi/.t 

For  the  Kings  warnt  and  Secretary  taking  noe  fee 1.02.06 

For  Mr  Attorny  GenrU  and  his  Clark’s  fees  for  drawing  and 

Engroseing  the  Bill 17.17.06 

For  the  Kings  signeing  the  Bill  and  the  Secretary  takeing 

noe  fee 1 .02.06 

For  the  fees  of  the  Signett  and  the  privy  Seale  £8  each 16.00.00 

For  fees  to  the  Mr  of  the  Pattent  Office  and  for  Vellum  Ruleing 
painting  and  Ingraveing  the  Pattent  for  the  Broad  Seale 

and  to  the  Clarks 25.05.00 

For  Ld  Chancellor  pursebearer  and  his  Clarke 1.09.00 

For  Ld  Chancellors  servant 2.00.00 

For  Fees  of  the  Hannapr  Office 24.00.00 

For  Fees  of  the  duplicate  of  the  Pattent  office  and  for  the 

vellum  and  engraveing  it  and  to  the  Clarkes 15.00.00 

For  Fees  at  the  Hannaper  Office 2.15.00 

106.11.06 

Fees  pd  in  passing  the  last  Pattent  for  Carolina  July  1665 
For  the  Kings  war"*:  and  signeing  the  Bill  the  Secretary  take- 
ing noe  fee 4.00.00 

For  Mr  Attorney  gen1'11:  and  his  Clarks  fees  for  drawing  and 

Engroseing  the  bill  &c 11.05.00 

For  fees  pd  at  the  Signett  Office  and  the  Privie  seale 17.06.08 

For  the  Ld  Chancellor  pursebearer  and  Clarkes 1.04.00 

For  the  Master  of  the  Pattent  Office  for  Vellum  ruleing  &c 

Ingroseing  the  Pattent  and  to  the  Clarks 16.15.06 

For  fees  at  the  Hanapr  Office  at  Treitnam 20.07.08 

For  expenses  there  in  attending  the  great  Seale 0.03.06 

71.02.04 

(Endorsed.) 

Paid  Mr  Attorney  Generali  Ac 21:02:6 


COLONIAL  RECORDS. 


11G 


[B.  P.  R.  0.  Colonial  Papers.  Vol.  19.  No.  101.] 

COMMISSION  FOR  GOVr  OF  BARBADOES. 
i ? ABT.  AUGUST  1GG5. 

Charles  Aca. 

To  Our  Trusty  & Wellbeloved  Henry  Willoughby,  William  Wil- 
loughby Esq”  A to  Sir  John  Teamans  Bart,  Greeting 

Whereas  wee  were  graciously  pleased  bv  Our  Letters  Patents  A coinis- 
sion  under  our  Great  Seale  of  England  beareing  date  the  12th  day  of  June 
in  the  15th  yeare  of  our  Reigne  to  constitute  and  appoint  our  right  Trusty 
and  welbeloved  Francis  Lord  Willoughby  of  Parham  our  Captaine  Gen- 
erali and  Commander  in  chiefe  in  A over  all  A every  our  Islands  Colo- 
nyes  A Plantations  in  America  commonly  called  the  Barbadoes  A the 
rest  of  the  Carribbee  Islands  and  of  all  other  our  Islands  Colonyes  A 
Plantations  lying  between  the  degrees  of  Ten  A Twenty  North  latitude 
A extending  from  the  islands  of  St.  John  and  Porto  rico  easterly  to  three 
hundred  twenty  A seaven  degrees  with  severall  powers  priviledges  au- 
thorityes  A prehemineneies  therein  specified  A contained  to  have  hold  ex- 
ercise and  enjoy  to  him  the  said  Lord  Willoughby  from  the  feast  of  the 
birth  of  our  Lord  then  last  past  for  and  dureing  the  space  of  seaven 
yeares  next  ensuing  to  be  fully  completed  if  the  said  Lord  Willoughby 
should  soe  long  live.  Now  know  yee  That  Wee  reposing  especiall  trust 
and  confidence  in  the  fidelity,  courage  prudence  and  good  conduct  of  yen 
the  said  Henry  Willoughby  Sr  John  Yeamans  and  .... 
have  constituted  A appointed  A by  these  presents  doe  constitute  A ap- 
point you  the  said  Henry  Willoughby  Sir  John  Yeamans  and  . 

. and  in  the  absence  of  you  the  said  Henry  Willoughby  then  you 
the  said  William  Willoughby  and  you  the  said  Sir  John  Yeamans  A 
. our  Governor  in  chiefe  in  and  over  all  our  Islands 
Colonyes  A Plantations  aforesaid  in  the  absence  of  him  the  said  Lord 
Willoughby  and  noe  longer  with  all  and  singular  the  powers  authorities 
priviledges  A prehemineneies  by  our  said  letters  patents  and  Commission 
to  the  said  Lord  Willoughby  granted  or  intended  to  be  granted  in  as  full 
and  ample  manner  to  all  intents  A purposes  as  he  the  said  Lord  Wil- 
loughby did  or  ought  to  have  hold  exercise  A enjoy  the  same  to  have 
hold  exercise  A enjoy  to  them  the  said  Henry  Willoughby  William  Wil- 
loughby A Sir  John  Yeamans  in  manner  A forme  aforesaid  for  A dure- 
ing Our  pleasure.  Given  Aca. 


COLONIAL  RECORDS. 


117 


1666. 


[B.  P.  R.  O.  Colonial  Entry  Bk.  No.  53.  p.  113.] 

AN  ACT  FOR  ENCOURAGEMENT  OF  TRADE. 

For  as  much  as  Tobacco  is  the  only  commodity  by  which  this  Province 
doth  at  present  subsist  which  by  the  unlimited  freedome  of  all  persons  to 
plant  what  quantity’s  and  at  what  tyme  they  please  hath  glutted  all  mar- 
ketts  for  divers  yeares  last  past  & for  that  reason  is  come  to  that  low  rate 
that  were  the  times  peaceable  & trade  open  itt  would  not  purchase  neees- 
sarys  for  the  planters  & forasmuch  as  vast  quantity’s  all  ready  made  must 
needs  ly  upon  the  planters  hand  & perish  upon  his  acc1  if  wee  still  con- 
tinue to  plant  tobacco  as  formerly  for  remedy  whereof  Be  it  enacted  by 
Rt.  Hon.  the  Lord  Proprietor  by  & with  the  consent  of  the  Upper  and 
Lower  House  of  this  present  Generali  Assembly  that  from  and  after  the 
first  day  of  February  which  shall  be  in  this  present  yeare  1(36(5  [7]  till  the 
first  of  February  which  shall  be  in  the  yeare  of  our  Lord  one  thousand 
six  hundred  and  sixty  sea  veil  noe  tobacco  shall  be  sowen  sett  planted  or 
any  way  tended  within  this  Province  of  Maryland  Provided  that  the 
Honble  Sir  William  Berkeley  and  the  Assembly  of  Virginia  and  Win. 
Drummond  Governor  of  the  Southward  Plantations  & the  Assembly  there 
doe  make  the  like  Acts  in  there  several  1 & respective  Assemblves  pro- 
hibiting the  sowing  setting  planting  or  tending  any  tobacco  in  any 
place  within  their  severall  & respective  jurisdictions  for  the  said 
yeare  vizt  from  the  first  of  February  1666  till  the  first  of  February 
1667  And  for  the  better  & surer  exeeucon  of  this  Act  and  obtevn- 
ing  the  desired  end  viz*  the  encouragement  of  Merchants  to  trade 
with  us  for  our  necessary  apparell  Bee  it  further  enacted  by  the 
authority  and  with  the  assent  aforesaid  that  the  IIonbl°  Philip  Calvert 
Esq”  Henry  Courson  Esqr  Col.  Nathaniel  Uty  Mr  Tho.  Notley  Mr  Rob- 
ert Sly  and  Major  Thomas  Brooke  or  any  three  or  more  of  them  be  sent 
Comm”  from  the  Governor  sufficiently  empowered  to  t reate  and  conclude 
with  the  Honble  Sir  William  Berkeley  and  the  Assembly  in  Virginia  or 
with  Comm”  by  the  said  Sir  Wm.  Berkeley  and  the  Assembly  aforesaid 
sufficiently  from  them  to  be  empowered  and  with  the  said  William  Drum- 
mond Esq”  or  Comm”  from  him  & the  Assembly  of  the  Colony  under 
his  Governf  sufficiently  as  aforesaid  to  be  empowered  upon  a totall  ces- 
sation from  sowing  setting  planting  or  tending  Tobacco  in  their  three 
Colonies  as  aforesaid  and  of  the  meanes  to  see  the  said  Treaty  and  Con- 
clusion for  a cessation  put  into  full  and  certaine  exeeucon. 


118 


COLONIA  L RECORDS. 


And  he  itt  further  Enacted  by  the  authority  and  assent  aforesaid  that 
whatsoever  the  said  Philip  Calvert  Henry  Coursey  Nathaniell  Utye 
Thomas  Notley  Robert  Sly  and  Thos.  Brooke  or  any  three  or  more  of 
them  shall  agree  upon  with  the  Commissioners  to  he  impowered  by  the 
HonbIe  Sir  Win.  Berkeley  W in.  Drummond  Esq”  & the  respective 
Assemblyes  tending  only  to  the  effectual  execution  of  the  cessation  from 
planting  tobacco  in  the  yeare  aforesaid  shall  oblige  all  persons  in  this 
Province  as  fully  as  if  the  same  had  been  part  ion  lerly  distinctly  and 
clearly  in  express  words  conteyned  in  this  Act. 


Mem.  The  lawes  above  written  past  under  the  Great  Seale  of  this 
Province  the  fourteenth  day  of  June  1666. 

PHILIP  CALVERT 
Chantf 

[of  Maryland.] 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle  48.  No.  7.] 


THE  PORT  ROYAL  DISCOVERY  BEING  THE  RELATION 
OF  A VOYAGE  ON  THE  COAST  OF  THE  PROVINCE  OF 
CAROLINA  FORMERLY  CALLED  FLORIDA  IN  THE 
CONTINENT  OF  THE  NORTHERNE  AMERICA 
FROM  CHARLES  RIVER  NEERE  CAPE 
FEARE  IN  THE  COUNTY  OF  CLA- 
RENDON AND  THE  LAT.  OF  34 
DEG.  TO  PORT  ROYAL  IN  THE 
LAT.  OF  32.  D.  BEGUN  14th 
JUNE  1666. 

PERFORMED  BY  ROBERT  SANFORD  ESQr  SECRETARY  AND  CHIEF  REG- 
ISTER OF  THE  RIGHT  HONble  THE  LORDS  PROPRIETORS 
OF  THEIR  COUNTY  OF  CLARENDON  IN 
THE  PROVINCE  A FORES1*  &C. 

Fung  or  Officii s. 

Anno  Domini  1666. 

To  Right  HonbIe  Edward  Earle  of  Clarendon  Lord  High  Chancellor 
of  England  George  Duke  of  Albemarle  Capt.  Generali  of  all  His  Mat,es 
Forces  in  the  Kingdome  of  England,  Scotland  and  Ireland  and  Master 


COLONIAL  RECORDS. 


119 


of  the  Horse  Wm.  Lord  Craven  John  Lord  Berkley  Anthony  Lord 
Ashley  Chancellor  of  the  Exchequer  Sir  George  Carteret  Vice  Chamber- 
laine  of  his  Mat,es  Household  Sir  Wm.  Berkeley  Knt  and  Sir  John  Col- 
leton Knt  & Baronet  the  true  and  absolute  Lords  Proprietors  of  all  the 
Province  of  Carolina 

Right  Honhle 

It  is  not  presumption  but  duty  which  presents  this  Narrative  howso- 
ever rude  & imperfect  to  soe  illustrious  I had  rather  say  a Constellacon 
than  a Corporacon  The  matter  related  was  performed  under  vour  auspices 
in  your  Country  and  by  your  Servant.  It  measures  to  you  my  Lords  (as 
his  foot  did  Hercules)  the  greatnes  of  yor  Sovereigns  Giuft  and  to  the 
world  the  greatnes  of  your  trust  and  favour  with  him  It  shewes  you  in 
prospective  how  lastinge  a renowne  you  may  adde  to  your  already  most 
glorious  names  how  boundles  a grandeur  to  your  longest  posterity  None 
indeede  but  God  and  the  Kinge  can  move  your  hearts  to  doe  theis  great 
things  for  yourselves  and  nation  Yet  that  such  a nation  be  effected  may 
and  shall  bee  the  prayers  of 

Right  Honble 

with  all  submission  readines  & fidelity 
Yor  Lordpps  servant 

ROB.  SANDFORD. 

THE  PORT  ROY' ALL  DISCOVERY. 

The  Right  Honoble  the  Lords  Proprietors  of  the  Province  of  Carolina 
in  prosecution  of  his  sacred  Ma"es  pious  intentions  of  planting  and  civil- 
liziug  there  his  domin'’  and  people  of  the  Northerne  America,  w0l>  Neigh- 
bour Southward  on  Virginia  (by  some  called  Florida  (found  out  and  dis- 
covered bv  Sr  Sebastian  Cabott  in  the  yea  re  1497  at  the  charges  of  11:7: 
King  of  England  co.)  Constituted  Sr  John  Yeamans  Baronet  their  L‘ 
Generali  with  ample  powers  for  placing  a Colony  in  some  of  the  Rivers 
to  the  Southward  and  Westward  of  Cape  S‘  Romania  who  departing 
from  the  Island  Barbadoes  in  Octob:  1665  in  a Fly  boate  of  about  150 
Tonns  accompani  ed  by  a small  Friggatt  of  his  owne  and  a Sloope  pur- 
chased by  a Comon  purse  for  the  service  of  the  Colonyes  after  they  had 
been  seperated  by  a great  storme  att  Sea  (wherein  the  Friggatt  lost  all 
her  Masts  and  himselfe  had  like  to  have  foundred  and  were  all  brought 
together  againe  in  the  beginning  of  November  to  an  Anchor  before  the 
mouth  of  Charles  River  neere  Cape  Feare  in  the  County  of  Clarendon, 
part  of  the  same  Province  newly  begun n to  be  peopled  and  within  the 


120 


COLONIAL  RECORDS. 


Ll  Gen11"  Comission  They  were  after  hlowne  from  their  Anchors  by  a 
snddaine  violent  Gust,  the  Fly  boate  Sr  John  was  in  narrowly  eseapeing 
the  dangerous  shoales  of  the  Cape.  But  this  proved  but  a short  differ- 
ence in  their  Fate,  for  returning  with  a favourable  winde  to  a second 
viewe  of  the  entrance  into  Charles  River  but  destituted  of  all  pilates 
(save  their  owne  eyes  (which  the  flattering  Gale  that  conducted  them  did 
alsoe  delude  by  covering  the  rough  visage  of  their  objected  dangers  with 
a thieke  vaile  of  smoth  waters)  they  stranded  their  vessell  on  the  middle 
ground  of  the  harbours  mouth  to  the  Westward  of  the  Channell  where 
the  Ebbe  presently  left  her  and  the  wind  with  its  owne  multeplyed  forces 
and  the  auxiliarves  of  the  tide  of  flood  beate  her  to  peeces.  The  persons 
were  all  saved  by  the  neighborhood  of  the  shore  but  the  greatest  part  of 
their  provision  of  victualls  clothes  <fcc:  and  of  the  Magazine  of  Amies 
powder  and  other  Millitary  furniture  shipped  by  the  Lords  Proprietors 
for  the  defence  of  the  designed  settlement  perished  in  the  waters  the  L‘ 
Gen11  purposed  at  first  imediately  to  repaire  his  Friggatt  which  together 
with  the  Sloope  gate  safely  into  the  River  when  the  Fly  boate  was 
driven  off)  and  to  send  her  back  to  Barbados  for  recruity  whilst  himself 
in  person  attended  the  issue  of  that  discovery  which  I and  some  other 
Gentlemen  offered  to  make  Southwards  in  the  Sloope,  But  when  the 
great  and  growing  necessityes  of  the  English  Colony  in  Charles  River 
(heightened  bv  this  disaster)  begann  clamourously  to  crave  the  use  of  the 
Sloope  in  a voyage  to  Virginia  for  their  speedy  reliefe,  Sr  John  altered 
that  his  first  resolution  and  permitting  the  sloope  to  goe  to  Virginia  re- 
turned himself  to  Barbados  in  his  Friggatt.  Yett  that  the  designe  of 
the  Southern  Settlement  might  not  wholy  fall,  Hee  considered  with  the 
freighters  of  the  sloope  that  in  case  she  miscarryed  in  her  Virginia  voy- 
age they  should  hire  Captain  Edward  Stanyons  vessell  (then  in  there 
harbour  but  bound  for  Barbados)  to  performe  the  Discovery  and  left  a 
comission  with  mee  for  the  effecting  it  upon  the  returne  of  the  Sloope  or 
Stanion  which  should  first  happen. 

The  sloope  in  her  comeing  home  from  Virginia  loaden  with  victuall 
being  ready  by  reason  of  her  extreeme  rottennes  in  her  timbers  to  Sinke 
was  driven  on  shoare  by  a storme  in  the  night  on  Cape  looke  out  (the 
next  head  land  to  the  north  and  Eastward  of  Cape  Feare  and  about  20 
Le:  distant  her  men  all  saved  except  two  and  with  many  difficulties 
brought  by  their  boate  through  the  great  Sound  into  Albemarle  River 
neere  the  Island  Roanoake  (within  this  same  Province  of  Carolina,  to  the 
English  Plantation  there — 


COLONIA L RECORDS. 


121 


Captain  Stanyon  in  returning  from  Barbados  weakly  maned  and  with- 
out any  second  to  himselfe  driven  to  and  agon  on  the  seas  for  many 
weekes  by  contrary  winds  and  conquered  with  case,  vexation  and  watching 
lost  his  reason,  and  after  many  wild  extravagances  leapt  over  board  in  a 
frenzye  leaveing  his  small  Company  and  vessel]  (to  the  much  more  quiet 
and  constant  though  but  little  more  knowing  and  prudent  conduct  of  a 
child,  who  yett  assisted  by  a miraculous  providence  after  many  wander- 
ings brought  her  safe  to  Charles  River  in  Clarendon  her  desire  port  and 
haven. 

I had  now  a vessell  to  performe  my  Southerne  Expedition  but  disfur- 
nished  of  a Master  and  none  here  skilled  in  navigation  to  be  perswaded 
to  the  voyage,  least  therefore  a worke  so  necessary  to  promote  the  settle- 
ment of  this  Province  should  be  poorely  left  without  an  attempt,  myselfe 
undertooke  the  office,  though  no  better  capacitated  for  it  then  a little 
reading  in  the  Mathematicks  had  rendered  mee  with  the  helpe  of  a fewe 
observations  made  whilst  a passenger  in  some  late  sea  voyages  to  divest 
their  Tedium. 

On  the  14*h  June  1666  1 entered  on  my  charge  neare  six  months  after 
the  date  of  my  Comission  (so  long  had  theire  various  accidents  detained 
mee)  and  on  the  16th  I left  Charles  River  sayling  Westward  with  a faire 
gale  att  East  alongst  that  goodly  and  bold  bay  which  on  her  two  Capes 
Feare  and  Romania  as  on  two  homes  procures  all  dangers  of  flatts  and 
shoales  from  her  oxvne  more  gentle  bosome.  To  make  her  yett  more  sig- 
nall  I named  her  Berklv  Bay  from  the  Right  Honble  John  Lord  Berkly 
and  Sir  William  Berkly  two  of  her  noble  Lords  Proprietors. 

I was  accompanyed  by  Cap*  George  Cary  L*  Samuell  Hardy  L*  Joseph 
Woory  Ens:  Henry  Bravne  Ens:  Richard  Abrahall  and  Mr  Tho:  Giles 
and  severall  other  Inhabitants  of  the  County  of  Clarendon  to  the  num- 
ber of  17  besides  myselfe  (and  the  shipps  company  (which  alas  were  but 
two  men  and  a boy)  with  me  I tooke  a small  shalloope  of  some  three 
tonns  belonging  to  the  Lords  Proprietors  and  appointed  bv  the  Lieu* 
Generali  for  that  service  in  which  1 placed  Ens:  Henry  Bravne  of  some 
Experience  in  Sea  matters  and  two  other  men)  soe  reserving  eighteen  of 
all  sorts  in  the  biggest  vessell  whose  burden  alsoe  exceeds  scarce  fiveteene 
Tonns. 

The  19th  in  the  night  it  being  very  cloudy  and  darke  and  hee  att  our 
helme  unawares  bringing  our  vessell  a Staves  wee  lost  Company  of  our 
Shalloope  The  22th  about  7 a clock  in  the  morning  wee  made  the  land 
and  a faire  River  to  Leward  of  us  (haveing  beene  driven  out  to  sea  by  a 
Southwest  winde  from  the  13  to  the  21  when  a strong  easterly  gale  brought 
. 12 


122 


COLONIAL  RECORDS. 


us  in  with  the  Shoare  againe  wee  bore  up  to  the  River  and  a groat  way 
kept  our  depth  of  six  and  five  fathum  water  without  any  sign  of  breakes 
att  length  it  shoaled,  and  wee  could  plainly  discerne  a breach)  in  the  Eas- 
tern e board.  The  River  when  wee  first  made  it  bore  X.  W.  by  W of  us 
and  by  this  time  wee  had  brought  it  to  X.  W b:  X : being  therefore  come 
into  two  fath : water  and  judging  ourselves  on  the  breake  of  the  visible 
Easter ne  shoa lings  wee  steered  more  Westerly  and  presently  deepened  our 
Water  to  three  fatham  and  soe  upwards  But  the  wind  being  at  East  and 
the  water  Ebbing,  if  wee  had  goune  more  Westerly  wee  could  not  have 
luf’d  in  wherefore  1 resolved  (noe  breath  appearing  all  before  mee)  to 
runn  in  directly  with  the  River  which  nowe  bore  XT.  XT.  W.  and  in  stand- 
ing in  that  course  one  heeve  of  the  lead  wee  had  butt  11  foot  water  but 
the  next  was  two  fatham  which  depth  and  between  that  and  two  fathum 
and  a half  continued  a great  while  and  as  wee  approched  the  Westernc 
point  of  the  Entrance  it  deepened  soe  that  close  aboard  the  point  wee 
found  five  and  six  fathum  water  and  took  upwards  to  nine  fathum  all 
the  way  in  it  was  halfe  Ebbe  att  least  when  wee  entered,  and  I am  very 
much  perswaded  that  if  wee  had  goune  soe  farre  Westerly  as  till  the  River 
had  borne  North  or  X.  N.  E.  wee  had  found  a much  deeper  Channell  for 
though  it  blew  a very  fresh  gale  att  East  (which  here  is  alongst  shore  and 
Somewhat  upon  the  Westernc  Coast,  yett  wee  could  not  discerne  any  ap- 
pearance of  Flatts  att  all  to  the  Westward.  Being  come  about  foure  or 
five  miles  within  the  River  I anchored  and  a Canoa  with  two  Indians 
came  presently  aboard  mee  and  told  mee  that  was  the  Country  of  Edistoh 
and  that  thecheife  towne  or  seate  of  the  Casique  was  within  on  the  West- 
ern shoare  somewhat  lower  downe  towards  the  sea  by  which  relation  I 
guessed  this  to  be  the  same  River  that  some  English  in  a former  dis- 
covery mentioned  by  the  name  of  Grandy  (if  it  be  not  rather  the  French 
Gironde)  and  only  sawe  of  att  sea  but  entered  not  That  it  might  no 
longer  remaine  under  an  uncertaine  distinction  I called  it  from  that  the 
name  of  my  1/  Harry  Haven.  It  lyes  about  32.d  3.m  The  markes  to 
knowe  it  by  as  v®  same  come  from  Sea  are  theise,  The  Xorth  East  side  is 
a blufe  land  rounding  from  the  River  and  stretching  East  into  the  Sea 
hence  a ledge  of  breakers  runn  out  South  before  the  harbours  mouth,  on 
which  wee  borrowed  when  wee  made  such  Shoale  water  in  our  Entrance, 
the  Southwest  side  makes  a sharpe  lowe  wet  point  bare  of  trees,  a pretty 
way  from  the  entrance  West  and  then  shews  a hummocke  or  two  of  thicke 
shrubby  trees  from  this  point  the  Coast  tends  S.  W.  and  then  W.  S.  W . 
just  within  the  entrance  is  a shewe  of  a faire  Creeke  on  the  Starboard 
side  and  another  on  the  West  or  larbord  side  almost  oposite  from  the 


COLONIAL  RECORDS. 


123 


uper  side  of  the  East  side  Creeke  a Marsh  Island  riming  out  West  and 
southerly  almost  erosse  the  River,  edged  to  the  seaward  with  a banke  of 
oyster  shells  discernable  a good  way  to  sea  as  the  same  come  from  tin* 
Northward  and  perticularly  meett  with  two  lowe  trees  which  in  the  offing 
and  before  the  oyster  banke  is  discovered  seeme  as  vessells  riding  within 
the  River.  It  flows  here  East  and  West  neere  eight  feete  perpendicular 
att  spring  tides  the  Woods  on  each  side  entring  to  us  seemed  to  consist 
most  of  had  oake,  the  land  levell  of  an  habitable  height  generally  with 
steepe  redd  banks  here  and  there  appearing  over  the  marshes,  on  which 
in  many  places  wee  could  see  the  feilds  of  Mai/  greenly  florishing.  The 
next  day  being  the  23rd  June  1 went  with  my  boate  into  a Creek  on  the 
East  shoare  opposite  to  where  the  vessell  rode  a very  faire  and  deepe 
Creeke  or  River  goeing  North  and  Easterly  to  appearance  a long  way 
being  goune  about  a mile  up  1 landed  and  according  to  my  Instructions 
in  presence  of  mv  company  took  a formall  possession  by  turfe  and  twigg 
of  that  whole  Country  from  the  Lat:  of  36  deg:  North  to  2fld  South  and 
West  to  the  South  Seas  by  the  name  of  the  Province  of  Carolina  For 
our  Soveraine  Lord  Charles  the  Second  King  of  England  &c:  his  heires 
and  successors  and  to  the  use  of  the  Right  HonbU  Edward  Earle  of  Clar- 
endon Geor:  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord 
Berkley  Anthony  Lord  Ashley  Sir  George  Carteret  Sir  William  Berkley 
and  Sir  John  Colleton  their  heires  and  Assignes  according  to  the  Letters 
Pattents  of  our  Soveraigne  Lord  the  King.  1 ranged  a little  on  either 
side  this  Creek  passed  through  Severall  Feilds  of  Maiz  or  Indian  Corn, 
and  following  the  guidance  of  a small  path  was  brought  to  some  of  the 
Indians  Habitations,  1 found  all  the  land  that  I passed  over  whether  1 
went  back  or  alongst  the  side  of  the  Creeke  a rich  fatt  soyle  black 
mould  on  the  top})  and  under  mixed  with  a soft  redd  marie  (which 
and  a stiff  clay)  I after  found  the  most  generall  foundation  of  all 
the  land  noe  swamp,  noe  sandy  land  on  the  outside  of  the  Woods 
some  single  scattring  Pine  trees  but  of  the  sort  which  is  called 
spruce.  The  rest  and  the  Generallitv  of  the  timber  being  Oake,  Maple, 
Ash,  Wahnitt  Popler  Bayes  & the  trees  tall  and  streight  but  not  very 
large  growing  closer  together  than  I have  scene  in  any  other  part  of  this 
Province  The  reason  I guesse  of  their  being  so  slender)  They  are  for  the 
most  part  a well  seized  building  timber  and  some  fewe  wee  sawe  of  oake 
and  maple  that  would  beare  three  or  fowre  foot  over  a very  great  burthen 
upon  the  ground  \md  much  of  it  of  such  groweths  as  wee  know  to  be  an 
excellent  feeding  for  cattle  and  so  thick  and  high  that  it  made  our  trav- 
elling very  tedious.  The  next  day  1 went  some  miles  up  the  niaine  River 


124 


COLONIAL  RECORDS. 


ami  finding  a Creeke  alsoe  on  the  Eilat  .side  which  opened  some  groves 
of  Pine  trees  to  our  veiwe,  I put  in  there  purposely  to  see  that  sort  of 
land  and  found  this  if  any  the  Swamps  of  this  Country  for  this  Creeke 
earryed  us  into  low  broken  Marshes  and  Islands  of  these  Pine  trees  lying 
almost  levell  with  the  water  Wee  landed  on  some  of  them  found  them 
firme  and  dry  (though  several!  (laves  and  the  very  night  before  wee  had 
store  of  mine)  and  without  any  signes  of  haveing  ever  beene  overflowed 
yett  they  are  seemingly  soe  seated  as  that  great  store  of  raine  and  frequent 
must  necessarily  stand  in  them  The  Pine.4  are  all  spruce  the  soyle  a fatt 
black  mould  with  a scarce  discernable  mixture  of  sand  foundee  alsoe 
either  on  marie  or  clay  as  the  other  lands  and  bearing  a very  great  bur- 
then and  though  on  the  outside  Wee  sawe  onely  pine  trees  yett  being 
entred  the  Wood  wee  found  alsoe  Oake  and  severall  other  timber  trees  of 
a very  large  seize  Att  a venture  wee  called  those  kind  of  lands  pine 
swamps.  But  I esteeme  them  a very  profitable  tillable  ground  and  some 
of  my  Company  did  after  this  see  an  Indian  planted  feild  of  this  sort 
which  they  told  mee  bore  as  tall  Maiz  as  any.  We  rowed  along  way  up 
this  Creeke  and  besides  theise  swamps  sawe  and  ranged  through  very 
spacious  tracts  of  rich  Oake  land  and  yett  wee  were  not  past  the  Oyster 
bankes  and  frequent  heapes  of  shells  nor  the  salt  water,  att  my  return 
downe  the  River  I sent  some  a shoare  to  range  on  the  West  side  who  did 
constantly  affirme  that  the  lands  there  were  of  an  equall  excellency  with 
the  best  of  those  wee  had  otherwhere  viewed  and  that  they  beleived  itt 
an  impossible  Injunction  to  be  putt  to  march  to  the  end  of  the  tracts 
being  therefore  well  satisfyed  with  the  successe  of  our  discovery  hitherto 
I waved  and  stood  downe  the  River  intending  a short  stay  att  the  land- 
ing place  neerest  to  the  cheife  seate  of  Edistowe  whither  the  Indian  had 
intreated  of  mee  that  they  might  with  the  lesse  trouble  come  aboard  mee 
to  trade.  When  wee  were  here  a Captain  of  the  Nation  named  Shadoo 
(one  of  them  which  Hilton  had  earryed  to  Barbados)  was  very  earnest 
with  some  of  our  company  to  goe  with  him  and  lye  a night  at  their 
Towne  which  hee  told  us  was  but  a small  distance  thence  I being 
equally  desirous  to  knowe  the  forme  manner  and  populousnesse  of  the 
place  as  alsoe  what  state  the  Casique  held  (fame  in  all  theise  things  prefer- 
ring this  place  to  all  the  rest  of  the  Coast  and  fower  of  my  Company 
(vizt)  L‘  Harvey  L*  Woory  Mr  Thomas  Giles  and  Mr  Henry  Wood- 
ward forwardly  off  ring  themselves  to  the  service  haveing  alsoe  some  In- 
dians aboard  mee  who  constantly  resided  there  night  & day  I permitted 
them  to  goe  with  this  Shadoo  they  returned  to  mee  the  next  morning 
with  great  eomendations  of  their  Entertainment  but  especially  of  the 


COLONIAL  RECORDS. 


125 


goodnes  of  the  land  they  marcht  through  and  the  delightfull  scituation 
of  the  Towne,  telling  mee  withall  that  the  Cassique  himselfe  appeared 
not  (pretending  Some  indisposition  but  that  his  state  was  supplyed  by  a 
Female  who  received  them  with  gladnes  and  courtesey  placeing  my  L4 
Harvey  on  the  seat  by  her,  their  relation  gave  myselfe  a curiosity  (they 
alsoe  answering  mee  that  it  was  not  above  foure  miles  off)  to  goe  and  see 
that  Towne  and  takeing  with  mee  Cap4  George  Cary  and  a file  of  men  I 
marched  thither  ward  followed  by  a long  traine  of  Indians  of  whome 
some  or  other  alwayes  presented  himselfe  to  carry  mee  on  his  shoulders 
over  any  the  branches  or  Creeks  or  plashy  corners  of  Marshes  in  our 
way.  This  walk  though  it  tend  to  the  Southward  of  the  West  and  con- 
sequently leads  neere  alongst  the  sea  coast  yett  it  opened  to  our  view  soe 
excellent  a Country  both  for  Wood  land  and  Meadowes  as  gave  singular 
satisfaction  to  all  my  Company  Wee  crossed  one  Meadow  of  not  lesse 
then  a thousand  Acres  all  firme  good  land  and  as  rich  a sovll  as  any 
clothed  with  a fine  gras.se  not  passing  knee  deep  but  very  thick  sett  and 
fully  adorned  with  yeallow  flowers.  A pasture  not  inferior  to  any  l have 
seene  in  England  the  wood  land  were  all  of  the  same  sort  both  for  tim- 
ber and  would  with  the  best  of  those  wee  had  ranged  otherwhere  and 
without  alteration  or  abatement  from  their  goodnes  all  the  way  of  our 
march  Being  entered  the  Towne  wee  were  conducted  into  a large  house 
of  a circular  forme  (their  generall  house  of  State)  right  against  the  en- 
trance was  a high  seate  of  sufficient  breadth  for  halfe  a dozen  persons  on 
which  sate  the  Cassique  himselfe  (vouchsafeing  mee  that  favour)  with  his 
wife  on  his  right  hand  (shee  who  had  received  those  whome  I had  sent 
the  evening  before)  he  was  an  old  man  of  a large  stature  and  bone. 
Round  the  house  from  each  -side  the  throne  quite  to  the  entrance  were 
lower  benches  filled  with  the  whole  rabble  of  men  women  and  children, 
in  the  center  of  this  house  is  kept  a constant  fire  mounted  on  a great 
heape  of  Ashes  and  surrounded  with  little  lowe  formes  Captain  Cary  and 
myselfe  were  placed  in  the  higher  seate  on  each  side  the  Cassique  and 
presented  with  skinns  accompanied  with  their  ceremonyes  of  Welcome 
and  friendshipp  (by  streaking  our  shoulders  with  their  palms  and  suck- 
ing in  theire  breath  the  whilst)  the  Towne  is  scituated  on  the  side  or 
rather  in  the  skirts  of  a fa  ire  forrest  in  which  att  several!  distances  are 
divers  fields  of  Maiz  with  many  little  houses  straglingly  amongst  them 
for  the  habitations  of  the  particular  families,  On  the  East  side  and  part 
of  the  South  It  hath  a large  Prospect  over  Meadows  very  spatious  and 
delightfull,  before  the  Doore  of  their  Statehouse  is  a spacious  walk 
rowed  with  trees  on  both  sides  tall  A full  branched,  not  much  unlike 


120 


COLON  I A L“  RECOR I )S. 


to  Elmes  which  serves  fertile  Exercise  and  recreation  of  the  men  who  by 
couples  runn  after  a marble  bowle  trolcd  out  alternately  by  themselves 
with  six  foot  staves  in  their  hands  which  they  tosse  after  the  bowle  in  their 
race  and  according  to  the  laying  of  their  staves  winn  or  loose  the  heeds 
they  contend  for  an  Exercise  approvable  enough  in  the  winter,  but  some- 
what too  violent  (mee  thought)  for  that  season  and  noone  time  of  the  day, 
from  this  walk  is  another  lesse  aside  from  the  round  house  for  the  chil- 
dren to  Sport  in.  After  a few  howres  stay  I returned  to  my  vessel  1 with 
a greate  Troope  of  Indians  att  my  heeles.  The  old  Cassique  himselfe  in 
the  number  who  lay  aboard  mee  that  night  without  the  society  of  any  of 
his  people  some  scores  of  which  lay  in  boothes  of  their  owne  imediate 
erection  on  the  beach. — While  I lay  here  1 had  perfectly  understood  that 
the  River  went  through  to  another  more  Westerly  and  was  passable  for 
our  vessell  and  alsoe  that  it  was  not  much  more  than  a tides  worke 
through  through.  This  increased  my  desire  of  passing  this  way  especi- 
ally being  perswaded  that  this  next  River  was  Jordan  (Hilton  intimate- 
ing  as  much  in  his  Journall  and  mapp)  wherefore  on  the  27th  of  June 
with  the  help  of  the  tide  of  Hood  (the  wind  being  contrary)  I turned  upp 
the  River  soe  baveing  oportunity  to  try  the  whole  channell  which  I 
found  generally  mid  and  between  that  and  six  fathum  deepe  and  bold 
home  to  each  shoare  till  wee  were  come  about  10  miles  from  the  harbours 
mouth  where  the  River  was  contracted  between  the  marshes  yett  here 
(except  in  one  or  two  places  where  some  flatts  narrowed  the  passage)  wee 
seldom  founde  lesse  then  five  fathum  water.  The  river  being  narrowe 
and  variously  winding  noe  gale  would  att  any  time  serve  us  long  soe  that 
wee  were  forced  for  the  most  part  to  towe  through  and  that  often  against 
the  winde  which  proved  very  tedious  nor  could  wee  passe  but  by  day, 
which  with  lying  two  tides  a ground  to  stopp  some  Leakes  made  it  Sun- 
day morning  the  first  of  July  before  wee  came  into  the  next  Westerly 
River,  and  bv  it  into  the  Sea  again,  Though  by  the  Travers  J tooke  of 
our  course  I found  it  performable  with  light  boates  in  one  tide  of  flood 
and  an  Ebbe.  The  passage  is  generally  betweene  the  River  and  Wood 
especially  on  the  Island  side  on  the  East  or  Maine  side  of  the  Marsh  is 
much  narrower  and  in  many  places  the  river  runns  close  under  the  banke 
of  wood  land  which  wee  had  the  oportunityes  to  view  and  found  it  to 
continue  its  excellency  without  change  or  dimuntion,  The  Indians  alsoe 
that  inhabitt  the  Inner  parts  of  it  assuring  us  that  it  was  all  alike,  The 
next  Westerly  River  is  a pretty  faire  river  not  lesse  broad  then  Harvey 
Haven  But  its  Channell  more  crooked  narrow’d  and  Shallowe,  the  West 
side  of  itt  (as  wee  found  afterwards  is  but  a necke  of  land  baveing  a 


COLONIAL  RECORDS. 


127 


Creeke  or  two  which  seeme  to  goe  through  into  the  next  River  It  is  for 
the  generallity  drowned  marshes  alsoe  yett  in  some  places  the  bank  is 
high  crowned  here  and  there  with  small  groves  of  wood,  consisting  of 
dry  plantable  land  surrounded  a good  space  with  a firme  meadowe  or 
pasture  Land  and  presenting  most  delectable  Seates  for  Summer  recesses. 
I did  a little  wonder  to  see  the  Sea  and  no  apparent  open  passage 
first  to  the  Westward  as  I expected  (still  imagining  this  to  be  the  River 
Jordan)  and  when  I was  come  out  of  it  into  the  sea  and  sawe  none  of 
those  markes  which  Hilton  had  prefixed  to  Jordan  I was  in  a great  puz- 
zell  to  knowe  where  wee  were  gott.  Nothing  of  the  coast  makeing  like 
those  drafts  which  Hilton  had  given  of  itt,  But  the  winde  first  dying 
into  a ealme  and  then  againe  blowing  contrary  with  some  Menaces  of  an 
evening  storme  I putt  into  the  River  againe  and  being  anchored  went  a 
shore  on  the  east  point  of  the  Entrance  where  I found  Shadoo  (the  Cap- 
tain of  Edistow  that  had  beene  with  Hilton  att  Barbados)  and  several  I 
other  Indians  come  from  the  Towne  bv  land  to  see  for  our  comeing  forth 
of  whome  I asked  whether  this  was  the  River  which  Hilton  was  in, 
they  told  mee  noe  butt  itt  was  the  next  River,  This  assured  mee  that 
Jordan  was  yett  further  and  that  Hilton  had  noe  knowledge  of  tins 
River  and  soe  could  not  lay  it  downe  I demanded  the  name  of  this  River 
they  told  mee  Edistowe  still  and  pointed  all  to  be  Edistowe  quite  home 
to  the  side  of  Jordan,  by  which  I was  instructed  that  the  Indians  assigne 
not  their  names  to  the  Rivers  but  to  the  Countryes  and  people,  amongst 
theise  Indians  was  one  who  used  to  come  with  the  Southern  Indians  to 
trade  with  us  att  Charles  Towne  in  Clarendon  and  is  known  to  us  by 
the  name  of  Cassique  hee  belongeth  to  the  Country  of  Kiwaha  and  was 
very  earnest  with  mee  to  goe  with  my  vessel  1 thither  assuring  mee  a 
broad  deepe  entrance  and  promising  a large  welcome  and  plentifull  enter- 
tainment and  Trade  I told  him  I must  first  goe  to  Port  Royall  and  that 
in  mv  return  l would  see  his  Country,  but  for  his  better  security  lice 
would  needs  accompany  mee  to  Port  Royall  and  soe  bee  my  Pilate  (as 
hee  made  mee  understand)  for  their  River  and  presently  hee  sent  away 
his  Companion  to  give  notice  to  the  chiefe  Cassique  of  the  place  of  ray 
Intention  that  hee  might  prepare  for  my  comeing  and  himselfe  went  on 
board  with  mee.  That  evening  blewe  a storme  of  winde  att  S.  \V  (the 
frequent  summer  stormes  on  this  coast)  soe  violent  that  (though  in  the 
River)  1 durst  not  trust  to  my  ordinary  roade,  but  kept  my  short  anchor 
underfoot — 

With  the  riseing  of  the  morne  1 weighed  and  stood  out  to  sea  haveing 
an  Easie  Gale  att  N.  E.  and  a Tide  of  Ebbe.  Mv  course  out  Lav  S.  E. 


128 


COLONIAL  RECORDS. 


between  two  bankes  of  shoales  lesse  then  lialfe  a mile  distant  1 elioase 
rather  to  keep  in  the  sounding  of  the  Easterne  then  of  the  W.  Flatts, 
both  beeause  the  winde  was  Easterly  and  soe  I could  beare  up  from  them 
when  1 would  and  alsoe  because  haveing  both  in  goeing  out  and  oomeing 
in  the  day  before  borrowed  on  the  Westerne  shoalings  1 should  by  this 
Easterly  Course  take  knowledge  of  the  whole  channel  1,  1 was  scarce  shot t 
a mile  without  the  Eastermost  point  of  the  Entrance  but  the  winde 
wholy  left  mee  and  the  Ebbe  (which  the  flatts  on  either  side  makeingsoe 
faire  a lane  I expected  should  sett  directly  out  to  Sea)  did  runn  with  soe 
strong  a current  over  the  Easterne  sands  that  att  the  second  heave  of  my 
lead  1 was  cast  from  two  fathum  into  six  foot  water  and  1 drewe  five 
into  a fowling  sea  on  the  very  edge  of  a breach)  I had  no  way  but  ime- 
diately  to  lett  tall  one  anchor  soe  to  stay  the  vessell  from  precipitating 
on  her  mine  whilst  I might  carry  forth  another  Anchor  to  warpe  her 
into  deepe  water  The  first  was  presently  downe  but  to  gett  out  the  sec- 
ond which  was  to  continue  our  safety  proved  hughesly  difficult  [ Wee  lay 
in  soe  tumbling  a sea  that  our  boate  could  not  bee  brought  to  our  bowe 
without  danger  of  staveing,  I had  but  two  men  with  mee  entered  to  Sea 
labour  and  the  most  spirited  and  active  part  of  mv  company  were  Gen- 
tlemen but  little  used  to  any  labour,  one  of  the  seaman  must  necessarily 
stay  within  board  to  deliver  the  anchor  and  Cable  that  was  to  be  carryed 
out  however  the  danger  made  every  one  give  his  best  helpe  and  with 
much  adoe  the  boate  is  brought  to  the  bowe  and  the  Anchor  put  into  her 
but  all  our  strength  could  not  stemme  that  Tide  of  Ebbe  which  had  hur- 
ried us  into  the  perill  and  must  therefore  be  encountered  in  the  way  to 
bring  us  out,  but  a starne  wee  fall  against  the  whole  force  of  our  Oares, 
A second  attempt  is  made  with  doubled  strength  but  one  breakes  his 
shoales  another  his  Oare  and  nowe  cumbered  with  our  owne  vessell  num- 
ber in  a boate  of  scarce  equall  seize  we  became  rather  weaker  than  at 
first  yett  we  have  noe  other  way  left  but  this  to  prevent  our  weake 
(heaven  not  yielding  us  one  breath  of  aide)  therefore  to  worke  wee  goe 
againe  and  refix  our  boate,  but  in  theise  past  fruitles  performances  soe 
much  time  had  beene  spent  as  had  given  the  Ebbing  tide  a further  ad- 
vantage against  us  to  the  allmost  perfecting  our  destruction  for  by 
this  time  the  vessell  by  her  repeated  stroakes  as  it  were  to  res- 
cue herselfe  from  those  inhospitable  sands,  gave  us  warning  that 
her  condition  was  well  neere  desperate,  vett  out  goes  our  boate 
againe  and  god  mercifully  improved  our  strength  to  the  getting 
forth  an  anchor  though  not  much  farther  than  our  vessells  length) 
yett  soe  farre  as  brought  us  into  two  fathum  water  the  banke  on  which 


COLONIAL  RECORDS. 


129 


wee  had  grounded  proveing  steep*1  to,  by  reason  which  wee  the  more 
easily  wrought  ourselves  out  of  those  unkind  embraces  and  to  the  praise 
of  the  Almighty  Deliverer  were  snatched  from  either  an  instant  descend- 
ing into  the  Gorge  of  the  unsated  Ocean  or  the  more  slow  and  painfull 
progresse  to  our  ends  in  a naked  exposure  amongst  Nations  whose  piety 
it  is  to  be  barbarous  and  Gallantry  to  be  inhumane.  This  ill  Enter- 
tainment made  us  brand  the  place  with  the  name  of  Port  Perrill,  it  lyes 
in  the  Lat:  of  32d  25m  or  therabouts  and  may  be  known  when  you  are 
in  the  very  entrance  by  its  Easterne  point  which  is  a very  lowe  point  of 
Land  bare  of  trees  or  other  growth  save  a fewe  stragling  shrubbs,  hence 
the  River  goe  in  N N W and  N.  W.  b:  N.  a small  Creeke  running  in 
East  just  within  the  point  The  Coast  lienee  to  the  Eastward  tends  neerest 
E.  b:  N.  with  Sandy  haves  and  appeares  even  and  bluffe  with  trees  when 
you  are  in  the  offing  the  Westernc  part  of  the  Entrance  lyes  within  as 
in  a deep  bay  and  beare  from  the  East,  point  N.  \V.  b:  \Y.  or  W.  N.  W. 
about  two  miles  It  is  a bare  sandy  bay  with  a fewe  shrubbs  next  the  River 
and  thinn  scattering  Pine  trees — more  Southerly  the  Coast  thence  West- 
ward tends  S.  S.  W.  and  all  between  this  and  Jordan  sheweswith  scverall 
hummaoks  like  broken  land  or  Islands  when  you  are  oil'  before  itt  and 
especially  next  to  Port  Perill  appeares  a wide  opening  as  of  a River  but 
it  is  nothing  but  but  bare  sandy  haves  or  oyster  bankes  with  lowe  Marshes 
behind  them  Jordan  or  as  wee  now  call  it  Yeamans  harbour  from  the 
name  of  our  L*  Generali  opens  about  two  leagues  to  the  Westward  of 
this  between  two  bluffe  lands  from  the  Westermost  of  which  the  North 
East  end  of  an*Tsland  which  from  Cap1  Cary  wee  named  Cary  Island) 
runns  out  E S E and  makes  all  the  Coast  between  it  and  Port  Perrill 
lye  in  the  forme  of  a deepe  bay  all  bet  ween  e Yeamans  Harbour  and  Port 
Perrill  are  shoales  and  foulc  ground  which  from  tin1  West  Point  of  Port 
Perrill  runne  out  S.  E.  before  tin1  mouth  of  Yeamans  Harbour  to  almost 
an  even  range  with  the  outermost  face  of  Cary  Island  From  the  East 
Point  of  Port  Perrill  a Rowe  of  breakers  range  themselves  parrallell 
with  tin1  Westernc  shoales,  and  were  the  same  which  had  like  to  have 
proved  so  tatall  to  usatt  our  coming  out  thence  neere  a League  within 
Port  Perrill  are  three  distinct  groves  of  trees  elevated  on  pretty  high 
bankes  with  lowe  Marshes  in  easy  interval  they  Ive  neere  E.  and  West 
and  when  you  are  soe  farre  south  an  Westerly  as  that  the  lowe  sandy 
point  off  the  Entrance  whole  disappeares  Theise  shewe  themselves  as 
though  the  mouth  of  the  River  were  betweene  two  bluffe  lands  with  a 
round  woody  Island  in  the  middle  of  itt,  in  steering  in  if  you  come  from 
the  South  and  Westward,  keepe  East  in  three  fathum  water  till  you  bring 
13 


1 30 


COLONIAL  RECORDS. 


this  seeming  Island  to  touch  the  Easterne  bluffe  head  and  then  stand  in 
N.  W.  by  N.  and  N.  W.  with  the  head  land  rather  takeing  the  sound- 
ings of  the  Easterne  flatts  then  of  the  W.  if  the  winde  will  permit  and 
you  will  have  two  fathom  water  little  more  or  lesse  all  the  way  in  att 
lowe  water  as  you  come  neere  in  you  will  disoerne  the  Eastern  lowe sandy 
point  betweene  you  and  that  bluffe  land  and  the  sandy  haves — along  the 
Easterne  Coast  steering  in  with  that  sandy  point  and  you  will  deepen 
and  have  five  fathom  water  close  aboard  it. 

After  wee  were  gott  cleare  of  the  sands  the  Ebbe  being  doune  and  the 
gale  springing  up  wee  made  sayle  and  stood  out  to  sea  but  wee  were  not 
got  farre  ere  the  wind  shifted  to  South  East  and  the  Hood  sett  soe  strong 
into  the  narrowe  bay  that  wee  could  neither  board  it  out  norgaineto  the 
Westward  of  the  shoales  which  lye  before  Yeamans  Harbour  so  to  runne 
in  there,  wherefore  I came  to  an  Anchor  in  three  fathom  water  till  the  Ebbe 
att  least  might  helpe  11s  to  vvorke  out  against  the  winde  wildest  wee  rode  here 
weeespyed  to  our  great  rejoyceing  the  Shalloope  whome  wee  lost  the  19th  of 
June  in  the  night  shee  was  come  forth  of  Yeamans  harbour  and  stood  to 
and  againe  before  the  Southwest  Coast  betweene  it  and  Cary  Island  to 
shewe  herselfe  not  being  able  to  come  out  to  us  for  the  same  reason  that 
kept  us  imbayed,  wee  alsoe  fired  a gunn  and  putt  out  our  Colours  to  lett 
her  knowe  that  wee  sawe  her  but  could  not  gett  to  her  for  the  flatts  that 
interposed. 

To  goe  into  Yeamans  Harbour  Hiltons  direction  is  (and  itt  seemed  true 
to  mee  as  I lay  before  itt  though  I went  not  in)  to  goe  in  on  the  West 
side  of  the  shoalings  which  are  opposite  to  the  mouth  thereof  and  which 
are  contiguous  with  the  flatts  of  Port  Perrill  giveing  a ledge  of  breakers 
that  lye  before  the  south  west  Cape  of  the  Entrance  a small  birth  and 
soe  to  steere  in  with  the  North  East  land  of  the  Entrance  and  the  least 
depth  he  saves  is  two  fathom  att  lowe  water  and  soe  upwards  to  six  or 
seaven  fathom  when  you  come  neere  under  the  said  Easterne  land  But  I have 
understood  since  from  Ens  : Brayne  that  betweene  that  Lodge  of  breakers 
which  lye  before  the  South  West  Cape  and  the  end  of  Cary  Island  is  a 
Channell  which  hee  affirmes  has  about  three  fatlium  water  where  shoalest 
which  alsoe  when  you  are  past  that  lodge  of  breakers  sett  over  to  the 
North  East  land  of  the  Harbours  mouth  The  Ebbe  nowe  beginning  to 
make  wee  weighed  and  plyed  off  to  sea  with  some  difficulty  boarding  it 
out  of  the  dangerous  and  foule  bay  wherein  still  about  three  leagues  from 
shoare  the  deepest  water  we  could  finde  was  scarce  three  fathom  and  in 
our  turning  wee  generally  into  a fathom  and  a halfe  on  each  side  and 
this  though  it  was  high  water,  a place  to  be  attempted  with  Care  when 


COLONIAL  RECORDS. 


131 


the  winde  is  off  as  now  it  is  by  night  wee  were  got  cleere  of  all  danger 
into  six  and  seaven  fathum  water  1 stood  off  and  on  all  night  and  in  the 
morning  found  my  selfe  off  the  seaboard  side  of  Cary  Island  in  the  mid- 
dle betweene  two  openings  this  Island  fills  up  almost  the  whole  space 
betweene  Yeamans  Harbour  and  Port  Royal  1,  to  seaward  it  makes  an 
even  smooth  land  pretty  bluffe  with  trees  and  tends  south  west  and  North 
East  about  three  leagues  in  length  It  shewes  two  small  openings  neere 
Equidistant  from  either  end  and  from  each  other  from  the  Westermost 
opening  all  Westward  the  Coast  is  bold  Five  fathum  water  within  halfe 
a league  of  the  shoare  more  Easterly  it  is  not  so  deepe. 

The  morning  was  calm  and  soe  continued  till  about  two  o’clock  after- 
noon when  a fresh  gale  sprang  up  att  North  East  which  in  a short  time 
opened  to  us  Woory  Bay  and  the  mouth  of  Port  Royall  Woory  Bay  of 
L‘  Woory  is  made  by  the  South  Westerly  end  of  Cary  Island  and  the 
Southermost  Cape  or  headland  without  Port  Royall  (called  from  the  first 
discoverer  Hilton  head  which  is  the  farthest  land  in  sight  as  you  come 
from  the  Northeast  along  by  the  end  of  Cary  Island  whence  it  beares 
neerest  S.  W.  and  is  bluffe  with  trees  large  and  tall  which  as  you 
approach  them  seeme  to  looke  their  topps  in  the  sea,  Port  Royall  mouth 
opens  in  the  bottome  of  this  Bay  neerest  to  the  Westward  side  thereof 
the  opening  is  wide  little  lesse  then  two  leagues  The  Westermost  land 
of  it  running  out  almost  South  to  Hilton  head  and  baying  in  like  a halfe 
bent  bowe  makeing  the  West  side  of  Woorv  bay  from  the  East  side  of  Port 
Royall  the  land  tends  away  east  Northerly  into  Giles  streights  (the  passage 
on  the  backe  side  of  Cary  Island  named  soe  from  Mr  Thomas  Giles)  and 
formes  the  bottom  of  Woorv  Bay  Before  this  part  of  the  Coast  and  the  end 
of  Cary  Island  in  all  the  Easterly  part  of  the  bay.  It  shoales  and  very 
uneven  ground  unsafe  to  meddle  with  towards  the  Eastermost  angle  of 
it  oposite  to  the  entrance  into  Giles  streights  lyes  a saml  hill  pretty  high 
with  some  smaller  about  it  visible  a good  distance  off  in  comeing  from 
the  Westward  as  you  part  from  Cary  Island  steere  away  S.  W.  with  Hil- 
ton head  and  you  will  soon  thwart  tin*  (liannell  of  Port  Royall  which 
you  will  finde  by  the  deepening  of  the  water  from  five  to  seaven  fathum 
and  upward.  It  lyes  neerer  towards  the  West  Land  and  runns 
in  N.  N.  W.  towards  the  Easterne  land  of  the  Entrance  (by  us  called 
Abrahall  point)  haveing  seldom  so  little  as  seaven  fathum  water  all 
the  way  in.  The  shoales  in  the  East  part  of  the  bay  lye  poynting  out  a 
good  way  to  sea  therefore  it  wilbe  safe  for  shipps  of  burthen  to  keepe  out 
till  they  have  brought  Hilton  Head  to  beare  about  N.  N.  E.  from  them. 
When  I had  opened  Woory  Bay  savling  S.  W.  along  by  the  end  of  Carv 


COLONIAL  RECORDS. 


1 32 


Island  J had  brought  the  Sand  hills  within  a steerne  ol’  met*  1 luffed 
into  the  bay  to  try  the  soundings  of  that  Eastermost  part  of  itt  and  af- 
ter a little  while  came  on  the  shoalings  and  found  them  so  uneven  that 
it  was  ordinary  to  differ  two  fathum  in  the  heave  of  a lead  Being  there- 
fore satisfied  with  the  dangerousnes  of  this  part  of  the  Bay  I bore  up 
againe  and  stood  away  with  Hilton  Head  erosse  some  of  the  shoales  till 
I came  to  seaven  eight  and  to  about  tenn  fathum  water.  Then  1 steered 
away  with  the  body  of  the  W est  land  betweene  Hilton  Head  and  the 
Entrance  of  Port  Iioyall  and  shoaled  mv  water  by  degrees  to  six  fathum 
(which  depth  continued  a good  while  and  att  length  to  five  and  foure 
fathum  and  to  three  within  less  then  a mile  of  the  woodside  Then  I 
brought  my  tacks  aboard  and  stood  North  Easterly  to  gett  into  the 
ohannell  againe  and  after  some  time  deepened  my  water  to  five  six  and 
seaven  fathum  I then  steered  away  with  the  East  land  of  the  River 
within  Arahall  point  still  deepning  my  water  till  att  length  the  Ebbe 
being  strong  and  wee  makeing  fresh  way  against  it  with  a large  winde  I 
could  not  for  a good  space  strike  ground  with  my  lead. — About  midnight 
the  third  of  July  I came  to  an  Anchor  within  the  River  in  seaven  fathum 
water  the  least  depth  I could  then  finde)  a little  above  the  Entrance  into 
Brayne  sound  or  the  passage  which  goes  through  to  Teamans  Harbour 
soe  called  from  Ens:  Brayne  who  twice  sailed  itt  1 would  advise  all  who 
enter  Port  Royall  to  goe  in  upon  the  soundings  on  the  west  side  of  the 
Channell  till  they  come  a good  way  within  Hilton  Head.  That  side 
being  the  evenest  ground  and  freest  from  all  danger  They  may  keepe  in 
six  and  seaven  fathum  all  the  way  in  and  then  as  they  steere  more  Easterly 
towards  Abrahall  point  they  will  finde  it  much  deeper  It  flowes  here  E. 
S.  E.  The  next  morning  I removed  opposite  to  the  principall  Indian  Towne 
and  then  anchored  before  itt  where  1 had  nott  ridd  long  ere  the  Cassique 
himselfe  came  aboard  mee  with  a Canoa  full  of  Indians  presenting  mee  with 
skinns  and  bidding  mee  welcome  after  their  manner  I went  a shoare  with 
him  to  see  their  Towne  which  stood  in  sight  of  our  vessell  Found  as  the 
forme  of  building  in  every  respect  like  that  of  Eddistowe  with  a plaine 
place  before  the  great  round  house  for  their  bowling  recreation  att  the 
end  of  which  stood  a faire  woodden  erosse  of  the  Spaniards  Ereccon  But 
I could  not  observe  that  the  Indians  performed  any  adoration  before  itt, 
All  round  the  Towne  for  a great  space  are  severall  fields  of  maize  of  a 
very  large  growth  the  soyle  nothing  inferior  to  the  best  wee  had  seeneatt 
Eddistowe  apparently  more  loose  and  light  and  the  trees  in  the  woods 
much  larger  and  ranged  at  a greater  distance  all  the  ground  under  them 
burthened  exceedingly  and  amongst  it  a great  variety  of  choice  pasturage 


COLONIAL  RECORDS. 


133 


I saw  here  besides  the  great  number  of  peaches  which  the  more  north- 
erly places  doe  alsoe  abound  in  some  store  of  tigge  ti*ees  very  large  and 
faire  both  fruite  and  plants  and  diverse  grape  vines  which  though  grow- 
ing without  culture  in  the  very  throng  of  weedes  and  bushes  were  vett 
tilled  with  bunches  of  grapes  to  admiration.  It  was  no  small  rejoycing 
to  my  Company  (who  began  to  feare  that  after  Edistowe  they  should  see 
nothing  equally  to  content  them)  to  find  here  not  onely  a River  so  much 
superiour  to  all  others  on  the  Coast  Northward  but  alsoe  a Country 
which  their  fancyes  though  preengaged  could  scarce  forbeare  to  preferre 
even  that  which  but  a little  before  they  had  concluded  peerlesse.  The 
Towne  is  scituatecl  on  an  Island  made  by  a branch  which  comcth  out 
of  Brayne  sound  and  falleth  into  Port  Royal  1 about  a mile  above  where 
wee  landed  a Seituation  not  extraordinary  here  rather  the  whole  Country 
is  nothing;  else  but  severall  Islands  made  bv  the  various  intervening's  of 
Rivers  and  Creeks  yett  are  they  firme  good  lands  (excepting  what  is 
Marsh)  nor  of  soe  small  a seize  but  to  continue  many  of  them  thousands 
of  acres  of  rich  habitable  wood  land  whose  very  bankes  are  washed  by 
River  or  Creeke  which  besides  the  fertility  add  such  a comodiousnesse 
for  portage  as  fewe  countrys  are  equally  happy  in. 

After  a fewe  houres  stay  to  viewe  the  land  about  the  Towne  I returned 
to  mv  vessell  and  there  found  Ens:  Brayne  with  his  Shalloope  come  that 
morning  through  Brayne  sound  from  Teamans  harbour  att  the  mouth  of 
which  wee  had  seene  him  two  dayes  before  Hee  told  mee  that  the  same 
morning  that  I made  Harvey  haven  hee  came  in  with  the  shoare  more  to 
the  Eastward  and  sayled  along  it  till  towards  evening  when  hee  entered 
Teamans  harbour  supposing  it  Port  Rovall  and  not  findeing  mec  there 
nor  any  knowledge  of  mee  and  guessing  that  1 might  be  more  Southerly 
hee  came  through  to  Port  Rovall  and  acquainted  himselfe  with  Wommony 
the  Cassique  sonne  (who  had  alsoe  beene  att  Barbados)  whom  hee  easily 
prevailed  with  to  beare  him  Company  from  place  to  place  into  severall 
Creekes  and  branches  betweene  this  and  Teamans  harbour  soe  becomeing 
both  his  Guide  and  protection  that  he  had  by  this  meanes  a large  leasure 
and  oportimity  of  veiwing  all  that  part  of  the  Country  which  he  did  soe 
loudly  applaud  for  land  and  rivers  That  my  Companies  Comendations  of 
Eddistowe  could  scarce  out  noise  him, — sufficiently  satisfi  ed  with  this 
relation  (confirmed  by  those  with  him  1 resolved  to  loose  him  no  time  in 
a second  search  of  that  parte  but  to  goo  a tides  worke  up  the  maim*  River 
and  see  the  body  of  the  Country,  and  at  my  reform*  to  enter  a faire  Creeke 
on  the  West  shoare  opposite  to  where  the  vessell  rode,  and  soe  to  viewe 
that  siile  which  Ens:  Brayne  had  not  medled  with  being  the  more  desir- 


COLONIAL  RECORDS. 


134 


ous  alsoe  to  trye  this  Creeke  because  the  Indians  reported  that  it  lead  to 
a great  Soutlierne  River  which  peireeth  farre  into  the  continent  and  1 
suppose  may  be  the  frenchmeus  river  May  or  the  Spaniards  S*  Mathias, 
with  the  Flood  therefore  and  a favourable  fresh  dale  of  winde  I sayled 
up  the  River  In  the  shalloope  nccrc  thirty  miles  passed  where  it  devides 
itselfe  into  two  principall  branches  the  Westermost  of  which  I went  upp 
and  conceiving  myselfe  nowe  high  enough  1 landed,  here  1 found  the 
Ground  presently  within  to  rise  into  a pretty  lull  and  as  1 ranged 
further  I crossed  severall  fine  tails  and  riseings  of  land  and  one 
brooke  of  sweete  water  which  rami  with  a mourmoring  course  betweene 
two  Mills  a rarity  towards  the  sea  Coast  (to  which  our  former  searches 
had  beene  confind  in  which  wee  had  not  seene  any  fresh  water  but  in 
wells  which  Inconveniency  was  not  to  be  borne  with  were  it  not  to  be 
healed  by  the  easie  sinking  of  Wells  every  where  The  land  here  was 
such  as  made  us  all  conclude  not  only  a possibility  that  Eddistowe  might 
bee  but  a certainty  that  it  was  exceeded  bv  the  Country  of  Port  Royal  1 — 
Being  fully  tired  with  our  March  through  a ranke  growth  of  vines,  bushes 
and  grass  which  everywhere  followed  our  leggs  and  proclaimed  the  rich- 
ncs  of  the  soyle  I retired  to  my  boate  and  with  the  Ebbe  towards  our 
vessell  wee  passed  diverse  faire  Creekes  on  each  side  the  river  but  entered 
none,  haveing  not  much  time  to  spare  and  being  satisfyed  by  the  sorts  of 
wood  wee  sawe  and  the  bankes  that  the  land  was  all  of  like  goodnes  to 
what  we  had  already  veiwed  only  in  one  place  the  land  seemeing  lower 
than  usuall  and  with  a great  mixture  of  pine  (or  rather  spruce)  I went 
in  there  and  after  I was  somewhat  within  the  woods  found  it  very  plashv 
and  water  standing  everywhere  in  holes  about  ankell  deepe  or  deeper 
caused  as  I thinke  by  the  late  raine  which  had  fallen  somewhat  plenti- 
fully for  there  appeared  no  sign  of  constant  swampis  hues  (as  in  the  Ci- 
presse  swamps  more  northerly)  nor  anything  that  might  discourage  the 
manureing  it.  The  morning  was  pretty  faire  spent  ere  I came  downe  to 
the  vessell  again  wherefore  I made  haste  and  changed  my  Company  and 
then  crossed  the  River  into  that  Westerne  Creeke  I spoke  of  which  after 
three  or  fowre  miles  opened  into  a great  sound  full  of  Islands  of  different 
sizes  Southward  It  went  into  the  Sea  by  two  or  three  out  letts  in  our 
sight  westward  Wee  still  opened  newe  branches  some  bigger  some  lesse 
like  those  wee  had  already  passed  and  found  to  crumble  the  Continent 
into  Islands;  I spent  the  remainder  of  this  day  and  the  best  part  of  the 
next  in  this  sound  went  a shoare  on  severall  Islands  found  them  as  good 
firme  land  as  any  wee  had  seene,  exceedingly  timbred  principally  with 
live  Oake  and  larger  cedar  and  bay  trees  then  any  I had  seene  before  on 


COLONIAL  RECORDS. 


135 


all  the  Coast  In  one  of  them  wee  entered  a pleasant  grove  of  spruce 
Shading  a very  cleare  pasture  of  fine  grasse  in  which  we  rowzed  a brave 
lierde  of  deere  and  thence  called  it  the  Discoverers  Parke.  This  Island 
conteines  some  hundred  of  acres  and  both  wood  and  Marsh  proper  for 
planting  grazeing  and  for  feeding  swine  and  all  the  Islands  of  this  Sound 
that  were  in  our  veiwe  (some  fewe  small  ones  excepted  that  were  onelv 
Marsh)  are  in  all  appeareance  alike  good  proportionable  to  their  biggnes 
with  high  bankes  richly  crowned  with  timber  of  the  largest  size  soe  that 
of  what  we  sawe  in  this  sound  onelv  might  be  found  habitations  for 
thousands  of  people  with  conveniencyes  for  their  stock  of  all  kinds  in 
Such  away  of  accomodation  as  is  not  comon,  And  if  the  Sound  goe 
through  to  such  a great  River  as  the  Indians  talk  of  (which  seemes  very 
probable)  It  will  putt  an  additionall  value  upon  the  Settlement  that  shall 
be  made  in  it,  It  abounds  besides  with  oyster  bankes  and  such  heaps  of 
shells  as  which  noe  time  cann  consume  but  this  henefitt  it  hath  but  in 
comon  with  all  the  Rivers  betweene  this  and  Harvy  Haven  which  arc 
stored  with  the  necessary  materiall  for  time  for  many  ages  and  lying  soe 
conveniently  that  what  ever  neere  river  or  creeke  you  cann  thinke  fitt  to 
sett  a house  there  you  may  place  your  lime  kill  alsoe  and  possibly  in  the 
banke  just  by  or  very  neere  finde  stay  for  your  bricke  kill  Ac:  the  great 
and  frequent  sculls  of  Fish  wee  mett  with  gives  us  expectation  of  advan- 
tage and  deployment  that  way  alsoe  In  sume  wee  could  sec  of  nothing 
here  to  bee  wished  for  but  good  store  of  English  Inhabitants  and  that 
wee  all  heartily  prayed  for,  I gave  my  name  the  Honour  of  calling  this 
sound  by  it,  and  do  believe  that  if  this  place  bee  setled  by  us  it  mav 
hence  receive  a longer  duration  then  from  any  access  within  the  reach  of 
a rational  hope. 

Within  night  1 returned  to  the  vessell  and  the  next  day  being  the  7th 
of  July  I took  in  some  fresh  water  purposing  that  night  to  leave  Port 
Royal  1 and  retorne  homeward  haveing  in  the  discovery  already  made,  ex- 
ceeded all  our  own  and  therefore  confident  to  answer  all  other  Expecta- 
tions besides  each  mans  proper  occasion  hastened  him  and  the  considera- 
tion of  the  charge  of  the  vessell  hired  att  five  and  twenty  pounds  ster- 
ling ^ month  made  us  earnest  not  to  detaine  for  a minute  of  time  un- 
necessarily. We  alsoe  designed  our  selves  some  daies  to  see  the  Country 
of  Kywaha  one  of  whose  Inhabitants  remained  still  with  us  for  that 
onelv  purpose  But  a little  before  night  the  Cassique  of  Port  Royall  come 
aboard  and  brought  with  him  a proper  young  fellowe  whome  hoe  made 
mee  to  understand  to  be  his  sisters  sonne  lie  demanded  of  nice  when  1 
would  retorne  thither  and  shewing  mee  the  moone  asked  whether  within 


COLONIAL  RECORDS. 


136 


three  times  of  her  compleating  her  orbe,  I told  him  noe,  but  in  tenn 
monthes  I would,  he  seemed  troubled  att  the  length  of  time  and  as  it  were 
begged  mee  to  come  in  five,  but  I continued  my  first  given  number.  Att 
length  hee  gave  mee  this  young  fellowe  told  mee  hee  should  goe  and  re- 
torne  with  mee  and  that  I must  clothe  him  & then  hee  asked  mee  when  I 
would  sayle  I told  him  presently  that  night  but  hee  very  much  impor- 
tuned mee  to  stay  untill  the  next  dav  that  he  might  prepare  mee  some 
venison  and  made  signes  as  hee  parted  that  if  in  the  morning  hee  should  not 
see  mee  lice  should  crye  and  sue  hee  left  mee  and  the  I ndian  with  mee  I was 
somewhat  pleased  with  the  adventure  haveing  before  1 came  on  the  discov- 
ery wished  that  if  I liked  the  Country  I might  prevaile  with  the  Indians  to 
lett  one  of  their  Nation  goe  with  mee  I leaving  an  Englishman  in  their 
roome  for  the  mutuall  learning  their  language  And  to  that  purpose  one  of 
my  Company  Mr  Henry  Woodward  a chirurgeon  had  before  I sett  out  as- 
sured mee  his  resolution  to  stay  with  the  Indians  if  I should  think  con- 
venient wherefore  I resolved  to  stay  till  the  morning  to  see  if  the  Indians 
would  remaine  constant  in  this  intention,  according  to  which  I purpose 
to  treat  further  with  them  on  the  morrow  therefore  I went  a shoare  to 
their  Tow ne  took  Woodward  and  the  Indian  with  mee  and  in  presence 
of  all  the  Inhabitants  of  the  place  and  of  the  fellows  relations  asked  if 
they  approved  of  his  going  along  with  mee,  they  all  with  one  voyce  con- 
sented after  some  pause  I called  tin1  Cassique  and  another  old  man  (his 
second  in  authority)  and  their  wives  and  in  sight  aixi  heareing  of  the 
whole  Towne  delivered  Woodward  into  their  charge,  telling  them  that 
when  I returned  I would  require  him  att  their  hands  they  received  him 
with  such  high  Testimonves  of  joy  and  thankfullness  as  hughely  con- 
firmed to  me  their  great  desire  of  our  Friendshipp  and  Society.  The 
Cassique  placed  Woodward  by  him  upon  the  Throne  and  after  lead  him 
forth  and  shewed  him  a large  field  of  Mai/  which  hee  told  him  should 
be  his,  then  hee  brough  him  the  sister  of  the  Indian  that  1 had  with  mee 
telling  him  that  slice  should  tend  him  and  dress  his  victualls  and  bee  care- 
full  of  him  that  soe  her  brother  might  bee  the  better  used  amongst  us — 
I stayed  a while  being  wonderous  civilly  treated  after  their  manner  and 
giveing  Woodward  formall  possession  of  the  whole  Country  to  hold  as 
Tennant  at  Will  of  the  Right  Honblc  Lords  Proprietors,  I returned  aboard 
and  imediately  weighed  and  fell  downe — 

An  Indian  that  came  with  mee  from  Eddistowe  with  Intention  to  goe 
noe  further  then  Port  Royall  seeing  the  kindnes  and  mutuall  obligation 
betweene  us  and  the  people  of  this  place  that  his  nation  and  tribe  might 
bee  within  the  League  voluntarily  offered  himselfe  to  stay  with  mee  alsoe 


COLONIAL  RECORDS. 


137 


and  would  not  bee  denyed,  and  thinking  that  soe  hee  should  bee  the 
more  acceptable  hee  caused  himselfe  to  bee  shoaren  on  the  Crowne  after 
the  manner  of  ths  Port  Royal  1 Indians,  a fashion  which  I guessethey  have 
taken  from  the  Spanish  Fryers,  thereby  to  ingratiate  themselves  with 
that  Nation,  and  indeed  all  along  I observed  a kind  of  emulation  amongst 
the  three  principall  Indians  of  the  Country  ( vizt :)  those  of  Keywaha 
Eddistowe  and  Port  Royall  concerning  us  and  our  Friendship})  each  con- 
tending to  assure  it  to  themselves  and  jealous  of  the  other  though  all  be 
allved  and  this  notwithstanding  that  they  knew  wee  were  in  actuall  warre 
with  the  natives  att  Clarendon  and  had  killed  and  sent  away  many  of 
them  For  they  frequently  discoursed  with  us  concerning  the  warre,  told 
us  that  the  Natives  were  noughts,  the  land  sandy  and  barren,  their  ( 'on n try 
sickly,  but  if  wee  would  come  amongst  them  wee  should  finde  the  con- 
trary to  all  their  evills,  and  never  any  occasion  of  dischargeing  our  gunns 
but  in  merryment  and  for  pastime. 

The  10th  of  July  in  the  morning  I was  fay  re  before  the  River  that 
leadeth  into  the  Country  of  Kywalia  but  the  Indian  of  the  place  who 
undertooke  to  bee  my  guide  and  stayed  all  this  while  with  nice  for  that 
onely  purpose  would  not  know  it  to  be  the  same  but  confidently  and  con- 
stantly affirmed  to  nice  that  it  was  more  easterly  and  att  length  when  I 
was  almost  neere  enough  to  goe  in  with  great  assuroauce  and  Joy  lie 
shewed  nice  a head  land  not  farre  oil'  about  which  lie  affirmed  the  en- 
trance to  bee.  This  confidence  of  his  made  nice  stand  away  but  by  that  time 
I had  sayled  some  two  leagues  hee  sawe  his  Error  when  il  was  too  late, 
for  nowe  the  winde  was  soe  that  1 could  not  fetch  the  River  againe  and 
if  it  had  been  favre  I was  sure  not  to  enter  it  before  night,  and  I did 
not  like  the  Complexion  of  the  Heavens  soe  well  as  to  trye  that  night 
upon  the  Coast. 

The  River  lyes  in  a Bay  between  Ilarvev  Haven  and  Cape  Sl  Roniana 
wherein  wee  found  7 or  X fatlium  water  very  neere  the  shoare,  and  not 
the  least  appearance  of  shoales  or  dangers  in  any  part  of  itt  It  shewes 
with  a very  faire  large  opening  eleare  of  any  flatts  or  bar  re  in  the  En- 
trance onely  before  the  Easternc  Point  wee  sawe  a breach  but  not  farre 
out  I perswade  myselfe  that  it  leads  into  an  excellent  Country  both  from 
the  Comendation  the  Indians  give  itt  and  from  what  I sawe  in  my  rang- 
ing on  the  Easterne  part  of  Harvey  Haven  the  next  neighbouring  land 
to  this  wherefore  in  hopes  that  it  may  prove  worthy  the  Dignity  I called 
it  the  River  Ashley,  from  the  Right  Honble  Anthony  Lord  Ashley  and 
to  take  away  every  little  remaine  of  forraigne  title  to  this  Province  I blot- 
ted out  the  name  of  S*  Roniane  putt  before  the  next  Easterly  Cape 
1 4 


COLONIAL  RECOUPS. 


1 AH 


siiid  writt  Cape  Cartrett  in  the  roome  to  evidence  the  more  reall  right  of 
Sr  George  (’artrett  as  lice  is  a Lord  Proprietor  of  ( 'arolina — 

The  1 2th  of  July  about  noone  I entered  Charles  River  and  before  darke 
night  landed  at  Charles  Towne  in  the  County  of  Clarendon  to  the  great 
rojovceing  of  our  Friends  who  vett  received  not  our  persons  more  grate- 
fully then  they  did  the  Sound  ( 'omendations  which  they  heard  from  every 
one  of  us  without  one  dissonant  note  of  that  never  enough  to  he  valued 
country  which  wee  had  scene  and  searcht  in  which  may  he  found  ample 
Seats  for  many  thousands  of  our  Nation  in  a sociable  and  comfortable 
vicinity  secured  from  anv  possible  general!  and  from  all  probable  particle 
Massacres  with  such  other  accommodations  to  boote  as  scarce  any  place 
cann  parralell  in  a clime  perfectly  temperate  to  make  the  habitation  pleas- 
ant and  where  such  a fertile  soyle  cannot  faile  to  veild  soe  great  a variety 
of  Productions  as  will  not  give  an  absolute  selfe  subsistance  to  the  place 
without  all  manner  of  necessary  forraigne  dependance  but  alsoe  reach  a 
trade  to  the  Kingdome  of  England  as  great  as  that  shee  has  with  all  her 
neighbours  and  render  our  Soveraigne  Lord  the  King  within  his  owne 
Dominions  and  the  Lands  possessed  by  his  Natural  English  subjects 
universall  Monarch  of  the  Traffique  and  Comodity  of  the  whole  World 

ROBT:  SANDFORD 

For  a further  confirmation  hereof  take  this  Testimonial!  given  of  this 
Country  bv  the  prineipall  Gentlemen  with  mee  in  this  Discovery  who 
have  attested  under  their  hands  as  much  as  1 have  savd  and  vett  noe 
more  than  what  thousands  had  they  been  there  would  alsoe  have 
affirmed — 

Clarendon 

in 

Carolina 

Wee  whose  names  are  hereunto  subscribed  having  accompanied  L‘  Col : 
Robert  Sandford  in  a voyage  of  Discovery  on  the  Coast  and  Rivers  of 
this  province  to  the  Southward  and  Westward  of  Cape  S*  Romane  as 
farre  as  the  River  Port  Rovall  and  being  all  of  us  persons  well  experi- 
enced in  the 'nature  and  qualityes  of  the  several  1 soy  1 os  in  theise  Regions 
and  some  of  us  by  meanes  of  our  Travells  throughly  acquainted  with 
most  parts  of  America  Northerne  and  Southerne  Continent  and  Islands 
Doe  hereby  declare  and  testefie  to  the  whole  World  that  the  Country 
which  we  did  and  see  from  the  river  Grandy  nowe  Harvy  Haven  to  Port 
Rovall  inclusive  doth  for  richnes  and  fertillitv  of  soyle  for  excellency  of 
Rivers,  havens,  Creeks  and  Sounds  for  abundance  of  good  Timber  of 
diverse  sorts  and  many  other  requisites  both  to  land  and  sea  bnildinganrl 


COLONIAL  RECORDS. 


Li!) 


for  sundry  rare  accommodations  both  for  Navigation  and  Plantation  ex- 
ceed all  places  that  wee  know  in  possession  of  onr  Nation  in  the  West 
Indies  and  wee  doe  assure  ourselves  that  a Colony  of  English  here 
planted  with  a moderate  support  in  their  Infant  tendernes  would  in  a 
very  short  time  improve  themselves  to  a perfect  Comonwealth  injoving  a 
selfe  sufficiency  of  all  the  principal!  Necessaryes  to  life  and  abounding 
with  a great  variety  of  superfluetyes  for  the  Invitation  of  Forraigne 
Comerce  and  trade  and  which  for  its  seite  and  production  would  be  of 
more  advantage  to  our  Native  Country  the  Kingdome  of  England  and 
to  the  Grandeur  of  our  soveraigne  Lord  the  King  his  Crowne  and  dig- 
nity then  any  (we  may  say  all)  his  other  Dominions  in  America  And  wet* 
doe  further  avouch  that  this  Country  may  bee  more  securely  setled  and 
cheaply  defended  from  anv  the  attempts  of  its  native  Inhabitants  then 
any  of  those  other  places  which  our  Countrymen  have  refined  from  the 
Drosse  of  Indian  Barbarisme  In  Witnes  whereof  wee  have  hereunto  sett 
our  hands  tli is  14th  of  July  166(1. 

HENRY  BRAYNE.  GEORGE  CARY 
RICH  I):  ABRAHALL.  SAM"  HARVEY 
THOMAS  GILES.  JOSEPH  WOORY. 


[B.  P.  K.  ().  Colonial  Papers.  Vol.  20.  No.  KM.] 


A COMMISSION  FROM  Y*  COVER'  OF  MARYLAND  TO 
Mr  THOMAS  NOTLY  & OTHERS  TO  TREAT 
ABOUT  A CESSATION  OF  PLANT- 
ING TOBACCO. 

June  26Ul  1666. 

Charles  Calvert  Esq”  Lieutent:  Gen"  and  Chief  govern1'  of  the 
Province  of  Maryland  to  Philip  Calvert  Esq”  Henry  Courses-  Esq”, 
Nathaniell  U tv,  Thomas  Notice,  Robt  Sly e,  Mars"  Thomas  Brooke  Esq” 
Greeting,  Whereas  at  an  Assembly  of  the  freemen  of  this  Province,  and 
their  Delagates  held  at  S*  Maryes  the  10th  day  of  Aprill  one  thousand  six 
hundred  sixty  and  six.  There  passed  an  Act  entitled,  An  Act  for  en- 
couragement of  Trade,  Wherein  it  is  enacted  that  from  A after  the  first 
day  of  February  which  shall  be  in  this  present  yea  re  one  thousand  six 
hundred  sixty  and  six  till  the1  first  of  February  one  thousand  six  hun- 
dred Sixty  A seaven,  no  tobacco  shall  besowne,  sett  planted  or  any  waies 
tended  in  this  Province  of  Maryland.  Provided  that  the  Honblc  Sir  Wil- 
liam Berkeley  and  the  Assembly  in  Virginia,  and  Wm  Drummond  Esq” 


COLONIAL  RECORDS. 


I 10 


governo*  of  Carolina  and  tiie  Assembly  there  doe  make  the  like  Act  in 
their  Severall  & respective  Assemblies,  prohibiting  the  sowing,  setting, 
planting,  or  in  any  waies  tending  any  Tobacco  in  the  said  veare  within 
their  severalle  and  respective  jurisdieons.  And  further  whereas  it  is  pro- 
vided by  the  said  Act  that  yon  the  said  Philip  Calvert,  Henry  Coursey, 
Nathaniel  l T tv,  Thomas  Notley,  Robert  Slye  and  Thomas  Brooke  or  any 
three  of  yon  be  sent  Com”  from  nice  with  full  power  to  treated  conclude 
upon  a total  cessation  from  sowing,  setting,  planting,  or  in  any  waies  tend- 
ing any  Tobacco  in  and  during  the  said  veare  with  the  said  Sr  W“  Berke- 
ley and  the  said  W"  Drummond  or  Com”  from  them  and  their  respective 
Assemblies,  to  be  im powered  to  the  like  one  intent  and  purpose  obliging- 
all  personnes  whatsoever  within  this  Province  to  observe  whatsoever  von 
the  said  Philip  Calvert,  Henry  Coursey,  Nathaniell  Utv,  Thomas  Notley, 
Robert  Slye  and  Thomas  Brooke,  or  any  three  or  more  of  you  shall 
agree  upon  with  the  said  Sr  W'1'  Berkeley  and  \Vm  Drummond  Esqre  or 
the  Com™  by  them  or  their  Assembly  es  to  be  im  powered  as  aforesaid 
tending  only  to  the  effectuall  Execution  of  that  Act  as  by  the  said 
Act  (relation  being  thereinto  had)  more  at  large  appeareth,  Now  know  vee 
that  as  well  for  the  Confidence  I have  in  you  the  said  Philip  Calvert, 
Henry  Coursey,  Nathaniell  Utv  Thomas  Notley  Robert  Slye  and  Thomas 
Brooke  as  for  that  you  were  nominated  Com"  by  the  Assembly  aforesaid, 
Have  constituted,  appointed  and  ordeyned  and  empowered  and  doe  by 
theis  Presents  Constitute,  appoint  ordeine  and  impower  you  the  said 
Philip  Calvert,  Henry  Coursey,  Nathaniell  Utv,  Thomas  Notley,  Rob* 
Slye  and  Thomas  Brooke  or  any  three  or  more  of  you  Commission”  to 
treate  wth  the  said  Sr  W“  Berkeley  and  Wm  Drummond  or  Commission- 
ers from  them  and  their  Respective  Assemblies  as  aforesaid  And  upon 
the  said  Treaty  to  agree  and  Conclude  upon  a Total  Cessation  from  sow- 
ing setting  planting  or  any  waies  tending  any  Tobacco  within  any  of 
these  Colonies  aforesaid,  from  the  first  of  February  one  thousand  Six 
hundred  sixty  six  till  the  first  of  February,  one  thousand  six  hundred 
sixty  seven  Wherefore  1 doe  request  that  the  said  Commissioners  or 
any  three  of  them  be  Creditted  and  believed  in  all  things  which  they 
shall  doe  in  and  concerning  the  premises  Promising  to  Ratifie  continue 
and  approve  whatsoever  shall  be  done  by  them  according  to  this  my 
Commission  and  according  to  the  true  intent  and  meaning  of  the  Act 
aforesaid  given  at  S*  Maryes  Under  the  Lesser  Seale  of  the  Province  the 
26*h  day  of  June  in  the  veare  of  his  Lops  Dominion  over  this  Province 
Annoque  Domini  1666. 

Copia  Vera  teste 

THO:  LUDWELL  SEC7 


COLONIAL  RECORDS. 


141 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  20.  No.  114.] 


ARTICLES  OF  AGREEMENT  CONCERNING  THE  CESSA- 
TION IN  VIRGINIA  AND  MARYLAND  AND  AL- 
BEMARLE AT  JAMES  CITY  12th  JULY  1666. 

Articles  agreed,  and  concluded  upon  at  James  City  the  12th  of  July 
1666  Betweene  the  Honble  Thomas  Ludwell  Esq™  secretary  of  Virginia 
Majr  Gen"  Rob4  Smith,  Majr  Gen"  Richard  Bennett,  Capt  Daniell  Parke, 
Cap*  Joseph  Bridger  Capt  Peter  Jennings  and  Mr  Thomas  Ballard  Gent: 
Conimissio”  from  the  Right  HonobIe  Sr  Wm  Berkeley  Knt  and  the  As- 
sembly of  Virginia  and  the  Honoble  Philip  ( 'alvert  Esq™  Henry  Coursey 
Esq™  Nathaniell  Uty,  and  Rob*  Sley  Es<|re  Conimissio”  from  the  HonobI* 
Charles  Calvert  Esqre  Govern'  of  Maryland  and  the  Assembly  tlieir  suf- 
ficiently by  the  Laws  and  Comicons  of  the  Gov™  and  Colonies  im powered 
and  the  Honoble  William  Drummond  Govern'-  of  Albemarle  County  in 
the  Province  of  Carolina,  and  Tho:  Woodward  surveyor  Gen1  of  the  said 
Albemarle  County  Commissio™  by  the  deputie  Gen1  Court,  and  Commit- 
tee of  ye  said  County  being  ye  Legislative  power  of  y°  said  County 
for  ye  time  being  sufficiently  impowered  to  treate,  and  conclude  upon  a 
totall  cessation  from  sowing,  setting,  planting,  or  anv  waies  tending  any 
tobacco  in  any  the  three  Colonies  abovesaid,  or  any  parte  of  them  in  the 
yeare  1667.  Whereas  there  passed  an  Act  entituled  an  Act  for  ye  Encour- 
agement of  Trade  at  an  Assembly  held  at  Maryland  y®  10th  of  April! 
1666  wherein  it  is  enacted  that  from  and  after  vc  first  day  of  February 
which  shall  be  in  the  present  veare  1666  untill  ye  first  of  February 
which  shall  bee  in  ye  yeare  of  our  Lord  1667  Noe  Tobacco  shall  be 
sowed,  sett,  planted,  or  any  waies  tended  in  the  said  Province  of  Mary- 
land, Provided  That  the  Honobl®  Sr  Wm  Berkeley  Knt  and  ye  Assembly 
of  Virginia  and  William  Drummond  Esq™  Gov'  of  Carolina,  and  ye 
Assembly  there  doe  make  the  like  act  in  their  several  1 Assemblies  Pro- 
hibiting the  sowing,  setting,  planting,  or  any  waies  tending  any  Tobacco 
in  the  said  yeare  within  their  several  1 and  respective  jurisdictions,  and 
whereas  the  said  HonobIe  S'  Wm  Berkeley  Knight  and  ve  said  Assembly 
of  Virginia  did  at  an  Assembly  held  at  James  City  ye  5tb  of  June  last 
past  in  eoncuranee  with  the  said  Act  of  Maryland  make  a Law  with  y* 
same  Restrictions  and  Prohibitions  of  planting,  setting,  sowing,  or  any 
waies  tending  any  Tobacco  within  this  Colony  of  Virginia  with  the  same 
provisions  and  Limitations  as  are  conteyned  in  the  said  act  of  Mary- 
land. 


COLONIAL  RECORDS. 


142 


And  whereas  the  said  Wm  Drummond  and  Thomas  Woodward  Gov 
and  Commissior  for  ve  said  Albemarle  County  have  promised  and  under- 
taken to  procure  an  Act  in  their  Conncell  and  Committee  prohibiting  the 
sowing,  setting,  planting  or  any  waies  tending  any  Tobacco  in  the  said 
County  of  Albemarle  from  ye  first  of  February  which  shall  bee  in  the 
yeare  1666  till  ye  first  of  February  which  shall  bee  in  the  yeare  1667 
and  ye  same  Law  so  made  one  or  more  authentique  Cop  pics  Thereof 
cause  to  bee  delivered  to  the  Right  Honble  ye  Govr  of  Virginia  and  the 
Honble  Governor  of  Maryland  at  or  before  the  last  day  of  September  next 
ensuing  the  date  hereof. 

And  whereas  ye  said  Act  of  Virginia  and  Maryland  and  the  said  Ordr 
of  the  Courts  and  Committee  of  Albemarle  County  signed  by  the  deputie 
Gov  Councill  Speaker  and  Committie  thereof  Have  amongst  other  Matt™ 
and  things  nominated,  constituted,  impowered  and  appointed  us  the  sub- 
scribed to  bee  Commissioners  to  treate,  and  concluded  upon  a total!  ces- 
sation as  aforesaid  in  the  places  and  yeare  aforesaid  and  to  treate  and  con- 
clude upon  the  most  Effectuall  meanes  of  putting  ve  said  Acts  into 
Effectual!  Execution  obleidgeing  themselves  and  the  publique  Faith  of 
their  respective  Collonies  to  ratefie,  and  continue  whatsoever  shall  bee 
treated,  and  concluded  on  by  and  between  ye  sai<l  Commissior  in  manner 
and  to  the  intents  aforesaid  in  obedience  to  and  for  the  better  execution 
of  the  said  Act.  It  is  therefore  by  us  the  said  Com,r  of  the  said  Re- 
spective Collonies  concluded  and  agreed. 

First  That  the  said  Lawes  foratotall  cessation  from  planting,  setting, 
sowing,  or  any  waies  tending  tobacco  in  any,  or  any  part  of  all  or  either 
of  the  said  Collonies  of  Virginia  and  Maryland  bee  effectually  putt  in 
Execution  in  Virginia  and  Maryland,  Provided  that  the  said  Gov : 
Councell,  and  Committee  of  Albemarle  County  doe  make  a Law  there 
prohibiting  ye  sowing,  setting,  planting,  or  any  waies  tending  any  To- 
bacco in  the  said  County  from  ye  first  of  February  which  shall  be  in  the 
yeare  1666  till  ye  first  of  February  1667  in  like  manner  as  is  already 
donne  in  Virginia  and  Maryland  and  the  same  act  soe  as  aforesaid  to  bee 
made  shall  transmitt  to  the  Gov  of  Virginia  and  Maryland  or  authen- 
tique Coppies  thereof  at,  or  before  the  last  day  of  September  next  Ensuing 
the  date  hereof- — 

Secondly  For  the  better  and  more  effectual  Execution  of  the  said 
Lawes  in  the  Several  Colonies  aforesaid.  It  is  concluded  and  agreed  by 
and  between  us  the  said  Com"  that  the  Several!  and  respective  Gov1 
Councellor  and  Justices  of  the  Peace  and  all  other  Publique  officers 
within  the  said  Collonies  of  Virginia,  Maryland,  and  Albemarle  County 


COLONIA L RECORDS. 


14.3 


in  Carolina  to  take  a solemn  oath  upon  the  Evangelists  to  use  their  Best 
and  utmost  Endeavour  fullv  and  Effectually  to  see  the  said  Lawes  exe- 
cuted according  to  the  true  intent  and  meaning  of  the  said  Lawes  and 
these  Articles  without  any  partialitie  or  evasion  and  the  said  oatlies  to 
bee  taken  before  such  persons  as  shall  bee  appovnted  by  the  respective 
Collonies  if  they  shall  thinke  fitt  to  appovnt  any  such. 

Thirdly.  For  the  mutuall  and  better  seeuritie  of  each  respective  Prov- 
ince from  any  damage  or  Inconvenience  that  may  arrive  or  happen  to 
them  by  the  breach  of  the  said  Act  in  their  neighbour  Collonies,  It  is 
agreed  and  concluded  by  and  between  us  The  ( Commissioners  aforesaid  that 
there  shall  bee  free  leave  and  full  [lower  Left  to  all  and  Everie  of  the  said 
Colony  to  appovnt  and  impower  such  persons  as  they  shall  think  fitt  to 
goe  into  any  part  of  their  Neighbour  Collonies  there  to  see  wether  the 
said  Act  bee  broken  or  not,  and  if  they  find  them  broaken  then  upon 
complaint  made  by  the  said  persons  soe  impowered  to  the  Govr  of  y® 
Colony  soe  offending  against  the  Intent  and  meaning  of  the  said  Act,  the 
said  Gov  and  the  other  Magistrates  of  the  said  Colony  offending  as  afore- 
said shall  bee  oblidged  forthwith  to  employ  their  respective  authoritive 
and  utmost  power  for  the  Effectuall  punishment  of  such  offenders  In- 
cutting  up  their  Tobacco  either  sowen,  planted,  sett  or  tended  as  afore- 
said. 

That  these  above  menconed  articles  are  our  mutuall  agreemts  accord- 
ing to  the  power  given  Us  as  aforesaid.  Wee  the  said  Com™  have  here- 
unto sett  our  hands  and  seales  the  day  and  yeare  and  in  the  place  first 
above  mentioned. 


WILL.  DRUMMOND  (scale)  PHILIP  CALVERT  (seale) 
THO:  WOODWARD  (seale)  HENRY  COURSEY  (seale) 


NATH : UTY  (seale) 

ROBT  SLYE  (seale) 


THO:  LUDWELL  JUNr 
THOMAS  LUDWELL  ,JUNr  (seale) 


ROBERT  SMITH 


RICHARD  BENNETT 
DANIELL  PARKE 
JOSEPH  BRIDGERS 
PETER  JENNINGS 
THOMAS  BALLARD 


(scale) 

(seale) 


(seale) 


Copia  vera  teste: 


THO.  LUDWELL  JUV. 


1 44 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  XX.  No.  125 — Extract.] 


THON.  LUDWELL,  SECRETARY  OF  VIRGINIA  TO  SEC. 
LORD  ARLINGTON  is  JULY  1666. 


Right  Hon1’1' 

* 


Virginia  July  18*h  1666. 

5*C  5|C 


My  most  honored  Lord  I have  been  already  very  long  and  yet  I have 
one  thing  very  important  to  advise  vonr  Lordship  with,  which  is  that 
Virginia,  Maryland  & Carolina  have  at  length  granted  to  the  desires  of 
the  people  a law  for  a totall  cessation  from  planting  tobacco  in  the  yea  re 
1667  the  whole  transactions  whereof  I shall  herewith  send  your  Lord- 
ship  to  be  by  the  King  confirmed  or  disaproved  if  it  be  ill  or  that  it  bee 
found  prejudicial!  to  his  Mat,os  intrest  either  in  povnt  of  custome  or  am 
way  elee  we  humbly  desire  to  have  his  determinacon  soe  soon  as  conven- 
iently we  may  that  the  people  may  know  how  to  employ  their  labours. 

^ * * ijc 

THO.  LUDWELL. 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bi>le.  48.  No.  ti.] 

Right  Honble 

It  is  now  a considerable  time  since  I had  the  the  hone®1  to  treate  with 
a Committe  of  your  Lord’rs  chosen  from  among  yorselves  conseniing  the 
setling  of  a Colony  at  Cape  Feare,  and  although  there  was  no  absolute 
accord  and  fineall  agrem*  yet  severall  eonsessions  were  then  offered  by  the 
.A  Committee,  and  by  me  dispatched  to  the  Barbados  to  the  Adventurer- 
there  who  did  intrust  me,  who  imediatelv  retorned  aswer  that  they  would 
accept  them  and  accordingly  gave  me  power  to  conclude  with  your 
Hon®".  But  in  the  Interim  comes  one  Mr  now  Sir  Jn°  Yeamens  and  by 
his  sonne  offers  other  and  contrary  Articles  to  w*  the  Adventurers  did 
desire  and  made  such  spetious  pretences  that  vour  Honers  made  an  abso- 
lute agreemt  with  him  and  refused  to  confirme  those  concessions  formerly 
offered  me,  though  I then  foresaw  and  also  tould  your  Hon"  there  was 
no  likelihood  he  should  performe  his  covenant  notwithstanding  he  had 
entred  into  a penal  1 bond  of  1 0004;  to  accomplish  it.  Now  may  it  please 


COLONIAL  RECORDS. 


14.) 


your  Hon”  it  is  so  fallenout  as  J foretould  that  no  matereall  part  of  the 
sd  covenant  is  performed  but  on  the  contrary  the  Adventurers  and  pres- 
ent planters  highly  dissatisfied  that  they  should  not  have  those  conces- 
sions at  least  which  were  tend  red  and  uppon  which  they  went,  confirmed 
unto  them  they  thought  those  concessions  hard  enough,  but  those  other 
Intolerable,  Wherefore  what  I humbly  request  is  that  I may  have  the 
Honr  of  one  speedy  Conference  more  with  as  many  of  you  Lord*1*  as  may 
be.  that  I may  put  a fineall  end  to  my  negotiation  and  1 cannot  but  hope 
for  a good  one  since  I am  resolved  to  propound  nothing  but  what  shall 
be  as  well  for  your  Hon”  Interest  as  that  of  the  Colony  The  reason  why 
I humbly  desire  this  meeting  may  be  so  speedy,  is,  because  many  in  Eng- 
land New  England  Barbados  yea  and  those  that  are  actually  uppon  the  place 
do  wait  for  the  Isue  of  this  my  last  address  which  if  good  I do  promise 
with  Gods  leave,  and  your  Hon”  favour  to  set  fourth  a good  ship  with 
men  and  provisions  imediately  for  Cape  Feare  and  and  also  manefest  to 
your  Hon”  the  likelyhood  of  severall  other  ships  to  follow  in  the  Spring- 
but  it  is  high  time  that  those  that  go  this  yeare  shall  be  making  ready  : 
if  the  sucess  of  this  my  last  addresse  shold  be  unsuccessful!  (which  God 
forbid)  all  those  that  have  intrusted  me  though  they  may  have  begun  a 
plantation  and  some  are  actually  uppon  the  place,  have  advised  me  that 
they  will  draw  of  and  quite  give  over  the  designe.  And  then  it  will  be 
seen  whether  they  be  the  Major  pte  yea  or  no:  But  1 feare  not  but  if  I 
have  but  time  and  opportunity  1 shall  manefest  the  Necessity  of  graunt- 
ing  those  things  I.  shall  humbly  offer  in  order  to  the  estableshing  a Col- 
ony that  may  thrive  and  prosper  under  your  Hon”  governnf  which  that 
it  may  do  under  your  Honr  and  your  successor  from  Generation  to  Gen- 
eration is  the  prayer  of 

R‘  Honblc 

Yor  Hon”  faithfull  and  most  obedient 


Aug  15th  1666. 


servant 

HEN  : V ASS  ALL  sole  agent 

for  the  Adventurers  and  planters 
of  Cape  Feare 


15 


COLONIAL  RECORDS. 


146 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bulk  48.  No.  81. ) 


*Right  Honourable, 

The  Gent  chosen  for  an  Assembly  for  the  County  of  Clarendon  in 
Carolina,  upon  a view  and  consideration  had  of  your  Honours  Charters 
and  Concessions  to  the  said  County  did  supplicate  for  a Redress  cheafelv 
in  three  things,  as  togrevious  to  he  required  of  them. 

1.  The  halfe  penny  ^ acre  for  all  Lande 

2.  The  undecemall  way  of  division  of  there  lande 

3.  The  Injuntion  on  penaltye  of  forfiture  of  keeping  one  man  on  every 
hundred  Acres.  They  added  these  Reasons,  viz. 

1.  To  the  first  that  in  all  their  land  where  or  howsoever  taken  up  theire 
are  of  these  three  sortes  viz.  Pine  Swamp  and  Marsh  which  make  up 
much  the  greater  part  of  theire  proportions  and  are  yet  so  wholy  unprofit- 
able that  to  pay  a halfe  penny  per  acre  for  them  is  more  then  there  val- 
lew  wherefore  they  did  signifie  there  Redresse,  that  those  landes,  what 
proportion  soever  they  beare  to  the  good  Oake  Land  should  bee  accounted 
to  them  as  soe  many  Acres  but  not  as  to  pave  the  said  Rent  by  those 
acres;  they  were  rather  willing  to  pave  a greater  Rent  for  what  acres  of 
Oake  land  they  should  possess  soe  as  they  might  bee  excused  the  paying 
rent  for  the  Rest  and  did  propose  it  as  an  Expedient  to  pave  one  penny 
per  acre  Annually  for  all  the  Oake  land  in  there  respective  Tracts  as  the 
Rent  due  for  the  whole : and  that  your  Honours  Survay  in  Bounding  out 
there  lande  should  certifie  in  perticuler  the  quantity  of  Oake  lande  accord- 
ing to  which  the  Rent  should  bee  Resarved  in  the  deede  of  conformation 
for  lands.  They  enforced  this  with  a com  plank  that  it  was  sufficiently 
previous  to  them  after  soe  chargeable  and  hazardous  an  adventure  to 
which  they  were  onely  incouridged  by  the  consideration  of  such  Quanti- 
ty es  of  lande  to  bee  constrained  to  accept  of  land  soe  wholy  unusefull, 
and  which  did  soe  much  incomode  every  mans  settlement  and  therefore 
they  hoped  your  Honour  would  not  add  this  burthen  to  their  sadd  dis- 
appointment. 

2.  To  the  second,  that  they  arived  here  the  most  of  them  beefbre  the 
Conssessions  ware  framed  and  had  there  land  assigned  to  them  by  eertaine 
meats  and  bounds  on  which  they  have  planted  and  hilt,  that  therefore  to 
have  those  lands  now  cast  into  such  a way  of  Lotte  as  the  Conssessions 

*Note. — The  contents  of  this  paper  show  its  date  to  be  about  the  same  as  that  of  the 
preceding  one. — Er>. 


COLONIAL  RECORDS. 


147 


contrive,  and  the  undesimall  part  reformed  for  your  Honour  will  cer- 
tainly alter  all  those  bounds  and  remove  every  mans  possession  which 
cannot  but  bee  Ruine  to  Most;  nor  doe  they  set*  how  this  wave  of  allot- 
ments can  be  practised  in  the  Future,  at  least  soe  as  to  bee  any  bonifit  to 
your  Honours  for  the  good  land  lying  soe  widely  dispersed  what  is  already 
taken  up  though  but  halfe  the  proportion  due  to  each  person,  runns  to  an 
extent  of  at  least  three  score  miles  soe  that  what  is  to  take  up  will  lve  soe 
Remote  from  all  conveiniencyes  that  it  cannot  advantage  vour  Honour  to 
have  an  eleventh  part  at  that  distance,  and  indeed  that  kinde  of  divition 
appointed  by  the  concessions  is  not  at  all  practicable  heare,  beecause  the 
good  lands  doe  noe  where  lye  soe  contiguous  nor  soe  in  any  place  as 
equally  to  accomodate  the  whole  generall  lot.  And  a very  great  mischife 
it  would  bee  to  any  whose  lott  shall  fall  where  there  is  not  a foote,  they 
did  expresse  a great  desire  that  somewhat  might  be  offered  to  your  Hon- 
our in  vallue  of  this  undecimall  part  but  finding  no  thing  heare  really 
worth  your  acceptance  they  durst  rather  bee  silent  then  propose  any  igno- 
ble compensation. 

3.  To  the  third,  having  already  declared  soe  fully  the  nature  of  the 
lands  in  this  country  they  thought  it  unnessessarv  to  multiply  reasons 
against  the  keeping  a man  on  every  hundred  acres  it  being  evident  from 
what  is  sd  that  in  very  many  places  a hundred  acres  would  not  maintaine 
one  man. 

This  Addresse  and  Representation  beeing  made  to  the  L*  Gen"  and  his 
Councell  and  there  concuranee  in  all  humble  maner  desired  in  a petition 
to  your  Honour  for  a release  from  these  reall  pressures.  They  certainly 
knowing  all  this  to  l>e  truely  soe  as  it  is  remonstrated,  ware  the  redier  to 
joine  in  prayers  soe  Rationall  and  soe  nesssasary,  and  therefore  with  one 
harte  and  voyee  we  the  Governer  Couneel  1 and  assembly  or  representa- 
tion for  the  county  of  Clarendon  in  Carolina  beseaeh  your  Honour’s  to 
to  take  the  premisses  into  vour  serious  consideration  and  to  relei ve  us 
according  to  the  true  merrite  of  our  cause. 

May  it  please  your  Lordshipp. 

This  humble  address  as  it  is  above  written  was  perpated  with  the 
allowance  and  consent  of  the  Honorable  Sir  .John  Yeamans  Baronet  L* 
Gen11  under  your  Lordshipp  of  this  Province  at  such  time  as  he  was 
heare  with  us  and  presided  in  our  Couneells;  who  at  first  gave  us  all  the 
appearance  of  his  purpose  to  joyne  with  us  in  the  subscription  thereof. 
But  when  it  was  engrossed  and  presented  to  him  to  bee  signed  he  made 
this  answer  that  his  further  thoughts  had  discoursed  unto  him  an  absurd- 
itie  in  owneing  under  his  hands  so  pertieuler  a knowledge  of  the  soilc  in 


!4K 


COLONIAL  UKCOKDS. 


this  County  into  wlndi  lie  »a.-  Iml  newly  conic,  and  that  therefore  he  did 
conceive  it  might  give  a better  reputation  to  our  cause  if  he  did  exempt 
himself  from  the  Gen11  Addressc,  lie  added  that  his  intimating  to  your 
Lordshipp  in  his  private  letter  the  full  satisfaction  lie  had  received  with 
in  himself  of  the  greviousnes  and  unpraeticablenes  of  these  three  injunc- 
tions espetially  would  stronger  in  force  our  arguments  to  your  Lordships 
and  more  advantage  the  Acceptance  of  our  prayers  then  his  appearing 
jointly  with  us,  and  sue  he  left  us  with  sufficient  Incoridg”**  to  proceed 
with  our  petition  by  ourselves  and  with  our  hopes  enlarged  that  though 
hee  labored  not  openly  with  us  lice  would  vet  labor  more  effectually  for 
us  Thus  therefore  and  upon  these  grounds  wee  doe  presume  Right  Hon- 
ourable to  press  unto  your  presents  and  being  now  hearedoe  in  all  humil- 
ity offer  these  further  to  vour  noble  consideration. 

1.  That  when  all  the  fame  of  this  province  was  left  in  that  black  cloud 
of  Reproaches  which  a party  of  the  first  new  england  Adventurers  had 
wraped  the  whole  country  in  and  noe  mans  eare  or  mouth  or  hand  was  open 
to  lieare  or  speake  or  act  in  her  defence,  wee  then  from  no  other  incitem* 
but  the  glory  of  that  venture  which  is  made  for  Publick  advantage,  did 
by  a vollentary  and  full  contrybution  dispell  those  mists  of  scandal  1 and 
revive  a lusture  bright  enough  to  direct  and  provoke  to  a seizure  by 
meanes  of  which  expenee  your  Lordshipps  have  the  possession  of  a parte 
which  may  bee  improved  to  aseminary  for  the  whole  provence  if  the  dis- 
eoridgement  from  without  the  place  prove  not  more  fatall  then  those 
within  it;  neither  can  wee  think  this  seirvis  really  performed  for  your 
Lordshipps  inferior  to  that  which  is  but  promised  nor  is  it  a frindly  ar- 
gument that  because  wee  have  settled  in  aworse  part  of  the  country  wee 
must  have  the  worse  conditions,  since  therefore  those  wliome  wee  credited 
as  your  Lordshipps  plenipotentiaryes  in  Barbadoe  were  pleased  soe  well 
to  consider  of  the  success  of  those  our  contrybution  as  in  your  Lord- 
ships  name  to  promise  us  five  hundred  acres  of  land  and  soe  pro- 
portionally for  every  1000  of  sugar  wee  had  expended  on  that  second 
discovery  without  which  (wee  can  make  it  plainly  appear)  though  all 
else  was  ready  the  designe  had  vet  fallen,  since  also  tis  most  certaine  that 
if  Port  Royall  bee  ever  presented  with  powerful  1 invitations  to  a culture 
it  will  bee  from  the  consequence  of  these  our  supernumerary  disburses 
wee  hope  it  will  not  be  offensive  to  your  Lordshipp  that  we  deprecate  a 
punishment  upon  our  misfortunes  and  beg  to  have  that  conformed  to  us 
notwithstanding  our  ill  suckses,  which  was  granted  as  the  prize  of  our 
vigorous  crowding  in  to  your  Lordships  servis,  through  all  the  obstickles 
that  Mallice  or  eonterary  pollicies  could  object. 


COL(  )1\T  r A L R ECORDS. 


1 451 


2.  That  those  nombers  of  the  Carolina  adventurers  who  made  the 
seperation  and  intercepted  that  treaty  which  wee  had  comenced  with  your 
Lordships,  presenting  different  proposalls  and  accepting  other  conditions 
ware  such  as  had  the  whole  bent  of  there  affections  towards  port  Royall 
and  never  purposed  further  to  second  there  diverted  adventures  on  this 
county  of  Clarendon  which  then  might  conduce  to  the  establishing  them 
an  interest  in  the  county  of  Craven  who  beeing  now  by  the  said  callam- 
itv  which  fell  on  Sir  Jno.  Teamens  disappointed  in  there  expectations 
there  nessesarily  discouridged  proceeding  heare:  and  evidence  the  same 
not  onely  by  a silent  discontinuance,  but  alsoe  by  a elamerous  drawing 
off,  those  againe  on  the  other  side  who  ware  determinate  for  this  county 
stop’d  in  there  carreare  by  these  unexpected  concessions  have  remay  ned 
at  a staye  ever  since,  with  too  much  appearance  of  hever  reinclyning 
there  motion  this  way.  Thus  is  there  anapproching  loss  to  all  concerned 
to  the  King  and  nation,  loss  of  dominion  and  trade  to  your  Lordshipps 
loss  of  the  name  and  Honor  of  enlarging  both  these,  to  the  adventurers 
loss  of  money  and  hopes  increased  in  us  that  are  hereby  the  loss  of  our 
whole  substance ; and  all  this  unavoidably  unles  you  Honours  reeintegra- 
ting  that  treaty  which  your  Honours  once  desended  to  with  us  and  in  us 
with  the  adventurers  of  ould  and  new  England  and  by  granting  us  these 
priviledges  which  you  were  once  not  very  far  from  granting  us  (which 
very  probably  you  will)  the  Actineuity  of  such  who  can  trample  on  all 
other  difficultyes  when  supported  by  that  which  they  opinion  F redome, 
the  Ruine  which  with  open  mouth  attends  us  while  being  desarted  by  all, 
wee  are  utterly  disabled  either  to  proceed  or  to  retire  enfbrceth  us  to  this 
ernestnes,  yet  ware  wee  the  onely  partves  in  this  cause  wee  should  ap- 
proch  with  much  lesse  bouldnes,  but  now  wee  sue  in  your  Lordshipps 
behalves  also  y‘  your  Possesion  of  this  Province  may  not  bee  utterly 
lost,  and  with  it  all  the  hopes  of  our  subjecting  it  to  an  English  Gov- 
erm*  wee  are 


Yor  Lordshipp’s  most  humble  servants 


JOHN  NEVINSON. 


JOHN  VASSALL 


GEO  ( ARY 


RICHARD  WHITTNEY. 


R.  SANDFORD 


ROBERT  GI  BRS. 


JOHN  KNIGHT. 


HUMP.  DAVENPORT 


THO  CLIFTON. 


HENRY  BRAYNE 


JOHN  BRENT 


WILL  GRIG 


THOM  AS  G1BBES. 


SAM  HAMES 


COLONIAL  RECORDS. 


150 


[H.  P.  R.  O.  Colonial  Papers.  Vol.  XX.  No.  144.] 


r/r.  gov  & council  of  Barbados  to  the  king. 

29th  SEPT.  1 (»()(!. 


Mav  it  please  Your  Majesty 

His  Excellency  the  Lord  Willoughby  haveing  appointed  us  of  his 
Councell  for  the  Govern1  of  this  Island  the  many  dangers  at  present 
which  threaten  the  safety  thereof  and  of  vour  Maj.  whole  dominion  in 
these  parts  have  rendred  it  our  duty  to  informe  your  Maj.  that  soe  by  a 
tvmely  reliefe  yor  Maj.  honour  and  authority  might  be  restored  and  pre- 
served and  wee  secured  from  the  violence  of  our  Enemies. 

Wherefore  wee  most  humbly  informe  yor  Majty  that  the  restraint  of 
trade  here  for  some  yeares  past  hath  withheld  the  prosperity  of  these  Yor 
Maj.  Collonies  and  will  if  not  prevented  in  short  tvme  destroy  them 
especially  in  that  of  Negroes  of  whom  very  few  have  been  sold  here  and 
those  the  worst  such  as  the  Spaniards  would  not  look  on  and  yet  they  at 
farr  greater  rates  than  the  Spaniard  gives  for  the  best  or  the  Merchant 
before  he  was  restrained  afforded  them  as  by  a solemn  declaration  here 
published  wee  were  promised  which  only  men  compelled  by  necessity 
haveing  dealt  for  have  therein  found  their  oertaine  mine  and  many  on 
that  score  forced  daily  to  forsake  these  Countries.  The  richer  sort  who 
could  better  withstand  the  necessity  have  bought  few  or  none  although 
thereby  they  have  made  less  sugar  by  the  one  lialfe  then  with  a full  sup- 
ply they  might  have  done  which  hath  beene  a greater  losse  in  the  revenue 
of  the  customes  to  your  Majty  then  the  Spanish  trade  will  any  way  recom- 
pense but  least  wee  should  presume  too  farr  wee  shall  only  say  that  tlies 
Setlements  have  beene  made  and  upheld  by  Negroes  and  without  constant 
supplies  of  them  cannot  subsist  which  that  wee  may  the  better  have  and 
all  other  necessities  for  our  plantations  wee  most  humbly  implore  Yor 
Maj.  to  grant  your  loyall  subjects  that  have  adventured  our  lives  & 
fortunes  thus  farr  to  the  increase  of  Yor  Maj.  Dominions  and  Revenewes 
the  same  freedome  of  trade  att  all  times  as  those  our  Brethren  in  England 
with  less  difficulty  enjoy  and  as  in  duty  bound  wee  shall  ever  pray  for 
yor  long  and  happy  raigne  over  us. 

Yor  Majesties  Loyall  and 

most  obedient  Subjects 

WILL.  WILLOUGHBY 


COLONIAL  RECORDS. 


lol 


JOHN  YEAMANS. 

PHILIP  BELL. 

WILLIAM  KIRTON 


HENRY  HAWLEY. 


THOMAS  WARD ALL 


SAM.  BAR  WICK 


WILL.  SHARPE 

ROBERT  HOOPER 


CHRISTOPH  ER  CODRI N GTON . 
Barbados.  September  '29th  1666. 


[Indorsed.] 

Lieut.  Generali  and  Councill  of  Barbados  Ree.  30.  Novr  Ans\vd  4 
Dee. 

With  a temporary  Commission  for  the  execution  of  the  Lord  Willough- 
by’s powers. 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  XX.  No.  145.] 


THE  NAMES  OF  THE  COUNCILL  OF  BARBADOES. 

Lt.  Coll.  William  Willoughby  Deputy  Gov1 
Coll.  Henry  Hawley,  formerly  Govern1  a judicious  man 
Thos.  Wardall  Esq”  a grave  prudent  man 
Coll.  Robt.  Hooper  well  beloved  A a stout  man 
Coll.  Sr.  John  Yeamens  of  good  conduct  A stout. 

Lt.  Coll.  Christopher  Codrington  | both  well  beloved  A free  from  fae- 
Lt.  Coll.  Phillip  Bell  ( tion  ingenious  young  gentlemen. 

Whi.  Kirton  Esq”  a Judge. 

Sam.  Banvick  formerly  in  the  King’s  Army  A stout 
Coll.  Win.  Sharpe,  and  ingenious  man  & good  interest. 

GENTLEMEN  OF  THE  COUNTRY 

Coll.  Lewis  Morris,  a man  of  good  interest  A conduct  A an  Imnest 
man  tho’  a quaker. 

Lt.  Coll.  Higgenbottome,  Lt.  Coll.  Richd  Bavly  A Majr  W m.  Bates, 
stout  men  A titt  for  com  and. 


COLONIAL  KECOKDS. 


■ri 


Some  turbulent  s|>i ritts  questioning  wlietlier  the  Ld.  Willoughby  have 
power  to  make  a deputation  (submitting  to  yo1  judgment)  whether  it  bee 
not  re(|iiisite  his  Maj.  pleasure  bee  knowne  therein. 

( 'onsider  whether  the  indulging-of  trade  during  this  present  Warr  will 
not  bee  of  greate  importance  to  support  the  peoples  spentts. 

There  is  aboard  two  Merchant  shipps  bound  for  Barbados  on  the 
King’s  account  2000  Muskets  1000  Pikes  200  Barrels  of  powder — To 
enforme  them  of  the  additional!  supply  to  encourage  them.  M ho  in 
Barbados  from  Coll.  Willoughby. 


[ 15.  P.  R.  O.  Colonial  Papers.  Vol:  20.  No:  195.] 


THE  ELEAVENTH  OF  DECEMBER  lfffifi. 

Further  Articles  of  agreem*  had  made  concluded  and  agreed  on  at  S* 
Maries  in  Maryland  between  us  yc  Subscribed  Com”  for  Virg*  and 
Maryland  sufficiently  impowred  to  Treat  and  conclude  of  a totall  cessa- 
tion of  Planting  setting  or  soweing  any  Tobacco  in  each  Colony  as  also 
in  Albemarle  County  in  Carolina  as  followeth. 

Viz*  Whereas  there  was  an  agreem*  made  and  concluded  on  between 
the  Com”  of  Virg*  Maryland  & Albemarle  County  in  Carolina  bearing 
date  the  twelfth  of  July  one  thousand  six  hundred  sixty  six  at  James 
Cittv  grounded  upon  the  severall  and  respective  Acts  of  Assembly  for  a 
cessation  by  wch  it  was  assented  to  and  concluded  on  that  there  should  be 
a Totall  cessation  from  Sowing,  setting,  Planting  or  any  waies  tending 
any  Tobacco  in  any  or  any  part  of  the  three  colonies  aforesd  from  the 
first  of  February  one  thousand  six  hundred  sixty  six  untill  the  first  of 
February  one  thousand  six  hundred  sixty  sea  veil.  Provided  Wm  Drom- 
ond Esq*  Govr  of  Albemarle  County  in  Carolina  and  the  Assembly  of 
that  Province  did  make  the  like  Act  in  v*  Colony.  And  the  same  should 
transmitt  to  ve  Gov”  ot  Virginia  and  Maryland  by  the  last  of  Septem- 
ber then  next  to  ensue  as  by  the  said  Articles,  (Relacon  being  thereto 
had)  more  fully  may  appear.  And  whereas  the  sd.  Wm  Drummond  Esqr 
and  the  Assembly  of  Albemarle  County  aforesaid  did  make  an  Act  pro- 
hibiting the  sowing  setting,  planting  or  any  waies  tending  any  Tobacco 
from  the  said  first  of  February  one  thousand  six  hundred  sixty  six,  to  y® 
first  of  February,  one  thousand  six  hundred  sixty  seven.  But  the  said 
Act  so  made  could  not  Transmitt  to  the  sd  Gov”  of  Virginia  and  Maryland 


COLONIAL  RECORDS. 


153 


before  the  fifth  of  October  last  past  by  reason  of  an  Invacon  of  their 
neighbouring  Indians  by  which  laps  of  a few  daies  occationed  by  the  sd 
Invacon,  Wee  doe  not  judge  either  the  severall  and  respective  Acts  of 
Assembly  or  ye  said  Acts  to  be  fallen  or  voyd  the  sd  Articles  of  T reaty 
of  ye  12th  July  aforesaid  grounded  upon.  Wherefore  to  ye  intent  the 
good  of  the  severall  Collonies  expected  from  a Cessation,  may  not  be 
stifled  in  its  birth,  wee  ye  Com”  of  Virga  and  Maryland  doe  declare  that 
no  advantage  is  or  ought  to  be  taken  up  on  y®  lapse  of  those  few  daies 
mentioned  being  noe  essential  part  of  the  said  Agreement  and  doe  hereby 
accordingly  ratifie  and  continue  y®  same  according  to  the  true  intent  and 
meaning  thereof,  fully  relying  upon  the  said  late  Act  of  Assembly  of 
Albemarle  County  in  Carolina  for  the  performance  A the  Execucon  of  y® 
sd  cessation  in  time  and  manner  as  is  expressed  in  y®  same.  And  wee  do 
further  hereby  agree  & conclude  y*  there  shall  issue  out  a Proclamation 
from  each  of  the  respective  Gov”  requireing  and  commanding  an  exact 
Obedience  to  y°  sd  severall  acts  of  Assembly  made  in  v®  sd  severall  colonies 
of  Virga  Maryland  and  Albemarle  County  and  likewise  the  said  Articles 
of  Agreem*  under  y6  penalties  of  Fine  Imprisoning  A cutt  up  ye  Tobacco 
planted,  sett,  sowne  Ac:  To  be  inflicted  upon  all  or  any  person  or  per- 
sons offending  against  ye  sd  Act  or  any  of  them  in  their  respective  Gov- 
ernm*®  and  that  authentique  coppies  of  y®  sd  Proclamations  to  be  published 
as  aforesaid  be  (so  soone  as  possible)  transmitted  from  each  respective 
Govr  to  both  the  other  Gov”  to  the  intent  that  all  interests  may  be  satis- 
fied in  the  severall  proceedings  in  the  performance  of  the  said  Articles. 
In  witness  whereof  we  have  hereunto  sett  our  hands  and  seales,  the  day 
and  year  first  above  written 

PHILIP  CALVERT  (seal)  THO:  LUDWELL  (seal) 
HENRY  COURSE Y (seal)  ROBT:  SMITH  (seal) 
ROBT:  SLYE  (seal)  Ri:  RENNET  (seal) 

THO:  NOTLEY.  (seal)  NICHO: SPENCER  (seal) 

THO:  BALLARD  (seal) 
JOSEPH  : BRIDGr  (seal) 
DANIELL  PARKE  (seal) 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bole.  48.  No.  83.] 


Notes  is  hereby  given  to  all  ingenious  and  industrious  persons  that 
there  is  a New  Plantation  begun  2 veers  since  on  the  main  land  between 
16 


COLONIAL  RECORDS. 


154 


Virginia  and  the  Cape  of  Florida  at  a place  called  Cape  Feare  in  the 
Province  of  Carolina  in  the  latitude  of  about  34  degrees.  It  is  a cli- 
mate most  desirable  for  its  temperature  and  fertility  as  those  that  are 
there  have  written  and  those  lately  come  from  thence  doe  testifie  they 
have  2 crops  of  Indian  wlieate  in  one  yeare  and  all  graine  plants  and 
seeds  that  they  commit  to  the  earth  do  prosper  exceedingly  they  have 
naturally  growing  abundance  of  most  stately  Timbers  of  most  sorts  in 
England  but  very  many  sorts  not  known  to  us  as  Cedar  Pines  Sassa- 
fras and  other  sweet  woods  Vines  allso  and  Mulbury  and  Olives  trees 
from  whence  come  the  rich  commodvs  of  wine  Sylke  and-Oyle  they  have 
aboundance  of  deere  Turkeys  and  other  fowle  in  the  woods  and  great 
store  of  Sturgeon  Salmon  and  many  sorts  of  other  good  eating  fish  both 
Hat  and  round  They  have  since  planted  and  produced  very  Excellent 
tobacco,  Indeco,  Cotton  and  potatoes  and  other  roots  and  fruits  proper  to 
Barbados  Virginia  and  Barmoodos.  The  neernes  to  which  last  places 
makes  the  planting  there  of  more  easy.  The  Priviledges  where  with  it 
is  endowed  makes  it  yet  more  desirable  the  principal  wherof  follows. 

1st  There  is  full  and  free  liberty  of  Contienee  granted  that  those  that 
are  truly  contientious  may  have  liberty  to  worship  God  according  to 
their  owne  way  provided  they  behave  themselves  orderly  towards  the 
Civil  Government. 

2nd  They  shall  choos  from  among  themselves  13  persons  or  some 
other  odd  number  whereof  the  Lords  will  appovnt  for  Governors  and 
halfe  of  the  other  for  the  Council  which  Governor  is  to  rule  but  3 yeares 
and  then  learne  to  Obey. 

3 They  shall  choose  from  among  themselves  an  assembly  (in  the  nature 
of  a parliament  who  shall  have  the  sole  power  of  makeing  all  lawes  and 
laying  taxes  when  neede  requires  for  the  use  of  the  Colony  and  the  gov- 
ernors and  Councill  se  the  laws  put  in  Execution. 

4 They  are  to  have  freedom  from  Custom  in  England  for  all  wine 
fruite,  Curranee  Almonds,  Oyle,  Olives,  and  silk  they  can  produce,  for 
seaven  yeares  to  comence  and  when  4 tuns  of  those  comoditys  are  at  once 
imported  in  one  ship. 

5 Every  man  and  woman  that  transport  themselves  before  the  24 
June  next  being  16(17  shall  have  for  himselfe  his  wife  and  each  of  his 
children  and  every  man  servant  he  shall  bring  armed  with  a firelock  or 
machlock  musket  statute  bore  with  10lb  powder  20lb  of  bullett,  100  akers 
of  land  for  each  of  them  to  him  and  his  heirs  for  ever  paying  for  every 
1000  akers  10s  per  Ann  to  the  Lords  for  an  acknowledgement  and  for 
every  woman  servant  and  slave  50  akers 


COLONIAL  RECORDS. 


155 


6 Every  servant  at  the  Expiration  of  their  service  (which  is  4 yeares) 
are  to  have  the  same  quantity  of  land  for  him  or  herselfe,  that  their  mrs 
had  for  bringing  over  and  on  the  same  condition  allso  the  mr  is  bound 
to  give  them  two  suits  of  apparell  and  a set  of  tools  to  work  with  when 
lie  is  out  of  his  time. 

Many  desire  to  transport  themselves  thether  or  servants  desire  to  be 
entertained  they  may  take  an  opportunity  of  the  Virginia  fleet  and  from 
thence  finde  easy  passage  thether  it  being  but  3 or  4 days  sayle;  and  if 
they  desire  farther  advise  or  information  let  them  repaire  to  the 


[Reprinted  from  a copy  in  the  “Swain  Collection.”] 


A BRIEF  DESCRIPTION  OF  THE  PROVINCE  OF  CARO- 
LINA, ON  THE  COASTS  OF  FLORIDA  ; AND  MORE  PAR- 
TICULARLY OF  A NEW  PLANTATION  BEGUN  BY  THE 
ENGLISH  AT  CAPE  FEARE,  ON  THAT  RIVER,  NOW 
BY  THEM  CALLED  CHARLES  RIVER,  THE  29th  OF 
MAY,  1604.  WHEREIN  IS  SET  FORTH  THE  HEALTH- 
FULNESS OF  THE  AIR,  THE  FERTILITY  OF  THE 
EARTH  AND  WATERS,  AND  THE  GREAT  PLEASURE 
AND  PROFIT  WILL  ACCRUE  TO  THOSE  THAT  SHALL 
GO  THITHER  TO  ENJOY  THE  SAME.  ALSO  DIREC- 
TIONS AND  ADVICE  TO  SUCH  AS  SHALL  GO  THITHER, 
WHETHER  ON  THEIR  OWN  ACCOUNTS  OR  TO  SERVE 
UNDER  ANOTHER.  TOGETHER  WITH  A MOST  ACU- 
RATE  MAP  OF  THE  WHOLE  PROVINCE,  LONDON: 
PRINTED  FOR  ROBERT  HORNE,  IN  THE  FIRST  COURT 
OF  GRESHAM  COLLEGE,  NEAR  BI S HOPSG  AT  E-ST  R EET. 
1666. 


A.  Brief  Description  of  the  Province  of  Carolina,  Ac.  Carolina  is  a 
fair  and  spacious  province  on  the  continent  of  America,  so  called  in  honor 
of  his  sacred  majesty  that  now  is,  Charles  the  Second,  whom  God  pre- 
serve ; and  his  majesty  has  been  pleased  to  grant  the  same  to  certain 
honorable  persons,  who  in  order  to  the  speedy  planting  of  the  same,  have 
granted  divers  privileges  and  advantages  to  such  as  shall  transport  them- 
selves and  servants  in  convenient  time.  ****** 
There  is  seated  in  this  province  two  colonies  already:  one  on  the  river 
Roanoak  (now  called  Albemarle  River),  and  borders  on  Virginia;  the 


COLONIAL  RECORDS. 


156 


other  at  Cape  Feare,  two  degrees  more  southerly;  oi  which  follows  a 
more  particular  description. 

This  province  of  Carolina  is  situate  on  the  main  continent  of  America, 
between  the  degrees  of  .‘10  and  36,  and  hath  on  the  north,  the  south  part 
of  Virginia;  on  the  south  is  bounded  by  the  30th  degree  of  latitude,  not 
vet  fully  discovered;  on  the  east  is  Mare  Atlanticum,  part  of  the  great 
ocean;  and  on  the  west  the  wealthy  South  sea  is  its  confines. 

The  particular  description  of  Cape  Feare.  In  the  midst  of  this  fer- 
tile province,  in  the  latitude  of  34  degrees,  there  is  a colony  of  English 
seated,  who  landed  there  29th.  May,  Anno  16G4,  and  are  in  all  about 
eight  hundred  persons,  who  have  overcome  all  the  difficulties  that  attend 
the  first  attempts,  and  have  cleared  the  way  for  those  that  come  after,  who 
will  find  good  houses  to  be  in  whilst  their  own  are  in  building;  good 
forts  to  secure  them  from  their  enemies;  and  many  things  brought  from 
other  parts  there,  increasing  to  their  no  small  advantage. 

The  chief  of  the  privileges  are  as  follows : 

First  there  is  full  and  free  liberty  of  conscience  granted  to  all,  so  that 
no  man  is  to  be  molested  or  called  in  question  for  matters  of  religious 
concern ; but  every  one  to  be  obedient  to  the  civil  government,  worship- 
ping God  after  their  own  way. 

Secondly.  There  is  freedom  from  custom  for  all  wine,  silk,  raisins, 
currants,  oil,  olives,  and  almonds,  that  shall  be  raised  in  the  province  for 
seven  years,  after  four  tons  of  any  of  those  commodities  shall  be  im- 
ported in  one  bottom. 

Thirdly.  Every  free  man  and  free  woman  that  transport  themselves 
and  servants  by  the  25th  of  March  next,  being  1667,  shall  have  for 
himself,  wife,  children,  and  men-servants,  for  each,  one  hundred  acres  of 
land  for  him  and  his  heirs  forever,  and  for  every  woman-servant  and 
slave  fifty  acres,  paying  at  most  J d.  per  acre  per  annum,  in  lieu  of  all 
demands,  to  the  lords  proprietors : Provided  always  that  every  man  be 
armed  with  a good  musket,  full  bore,  ten  pounds  of  powder,  and  twenty 
pounds  of  bullet,  and  six  months’  provision  for  all,  to  serve  them  whilst 
they  raise  provision  in  that  country. 

Fourthly.  Every  man  servant  at  the  expiration  of  their  time  is  to 
have  of  the  country  a hundred  acres  of  land  to  him  and  his  heirs  for- 
ever, paying  only  \ d.  per  acre  per  annum,  and  the  women  fifty  acres  of 
land  on  the  same  conditions;  their  masters  also  are  to  allow  them  two 
suits  of  apparel,  and  tools  such  as  he  is  best  able  to  work  with,  according 
to  the  custom  of  the  country. 


COLONIAL  RECORDS. 


157 


Fifthly.  They  are  to  have  a governor  and  council  appointed  from 
among  themselves,  to  see  the  laws  of  Assembly  put  in  due  execution; 
but  the  governor  is  to  rule  but  three  years,  and  then  learn  to  obey;  also 
he  hath  no  power  to  lay  any  tax,  or  make  or  abrogate  any  law,  without 
the  consent  of  the  Colony  in  their  Assembly. 

Sixthly.  They  are  to  choose  annually  from  among  themselves  a cer- 
tain number  of  men  according  to  their  divisions,  which  constitute  the 
General  Assembly,  with  the  governor  and  his  council,  and  have  the  sole 
power  of  making  laws,  and  laying  taxes  for  the  common  good  when 
need  shall  require.  These  are  the  chief  and  fundamental  privileges,  but 
the  right  honorable  lords  proprietors  have  promised  (and  it  is  their  inter- 
est so  to  do)  to  be  ready  to  grant  what  other  privileges  may  be  found 
advantageous  to  the  good  of  the  colony. 


1667. 


[B.  P.  R.  O.  Colonial  Entry  Bk.  Vol.  XI.  p.  91.] 


Barbados. 

AT  A MEETING  OF  THE  HONWe  LT.  GEN.  HENRY  WIL- 
LOUGHBYE  & THE  COUNCI  LL  THE  15th  DAY 
OF  FEBRUARY  166(1-7. 

Present. 

William  Willoughby 
Henry  Hawley 
William  Kirton 
Thos.  Wardell 

This  day  a letter  & Commiss®  from  his  Majty  constituting  and  appoint- 
ing the  govern4  of  this  and  the  rest  of  the  Caribbee  Islands  to  bee  in 
Henry  Willoughby  Esq™  William  Willoughby  Esq™  Col.  Henry  Haw- 
ley & Col.  Samuel  Barwick  was  read  upon  which  the  Councillors  then 
present  that  were  not  named  in  the  said  Commission  declared  they  did 
beleevc  themselves  discharged  as  Councellors  bv  vertueof  the  said  Corn- 
miss"  whereupon  they  withdrew 

Here  follows  the  above  Commission  dated  5th  Dec.  1666. 

Ordered  that  this  Declaration  following  bee  forthwith  published  by 
beat  of  drum  in  St.  Michael’s  Towne  & all  the  Parish  Churches  next 
Sabbath  Day  Vizt: 


Sir  John  Yeamans 
Sam.  Barwick 
Robt  Hooper 
Christ.  Codrington 


K 


158 


COLONIAL  RECORDS. 


Barbados 

Whereas  his  Majty  by  his  Commission  bearing  date  the  fifth  of  Decem- 
ber 1006  hath  impowered  us  to  bee  Chiefe  Gov"  of  this  and  the  rest  of 
the  Caribbee  Islands  in  the  absence  of  his  Excellency  Francis  Lord 
Willoughby  of  Parham  or  untill  his  Maj.  pleasure  be  further  knowne. 

In  obedience  to  which  wee  have  received  the  said  Government  and  doe 
hereby  publish  and  make  Knowne  that  all  officers  both  Civill  & Mili- 
tary in  this  Island  doe  continue  to  execute  their  said  offices  till  further 
order.  Given  under  our  hands  this  fifteenth  of  February  1000  (-7.) 

(signed)  HENRY  WILLOUGHBYE 

W ILLIA M WILLOUG H BY E 
HENRY  HAWLEY 
SAMUELL  BARWICKE 

After  which  they  fell  on  debate  of  choosing  a Councill  which  being 
concluded  they  chose  Sir  John  Yeamans  William  Kirton  Esq"  Thomas 
Wardoll  Esq  Phillip  Bell  Esq"  Robt.  Hooper  Esq"  Christopher  Cod- 
rington  Esq"  to  whom  was  administered  the  oath  following  Viz*: 
Barbados. 

I doe  sweare  that  I will  give  true  and  faithfull  Councill  to  Henry 
Willoughby  William  Willoughby  Henry  Hawley  and  Samuel!  Barwick 
Esq"9  as  chiefe  Gov"  of  this  & the  rest  of  the  Caribbee  Islands  appointed 
by  his  Maj.  Commission  beareing  date  the  fifth  of  December  1000  in 
which  I will  perform  all  things  that  belong  to  a faithfull  Councillor 
according  to  the  best  of  my  skill  and  judgment  during  the  absence  of  his 
Excellency  Francis  Lord  Willoughby  of  Parham  or  untill  his  Maj. 
pleasure  bee  further  knowne 

Soe  help  me  God 

and  then  adjourned  till  Monday  next. 


[B.  P.  R.  O.  Colonial  Papers.  Vol.  XXI.  No.  71.] 

GOVr  LORD  WILLOUGHBY  TO  JOSEPH  WILLIAMSON, 
SEC.  TO  LORD  ARLINGTON  9 JULY  1667. 

Barbados.  July  9 ’67. 

Sr 

You  that  soe  well  understand  w*  belongs  to  a hurry  of  business  if  an 
oversight  was  committed  ought  to  pass  it  by  when  y'  you  know  might 


COLONIAL  RECORDS. 


159 


bee  sayd  occasioned  it  However  receive  this  as  a reconci Icing  challenge 
for  soe  I intend  it  And  though  the  government  of  Barbados  will  not 
defray  the  duties  due  to  yor  office  some  other  way  must  I shall  not  com- 
plaine  till  I come  to  state  my  case  in  earnest  and  then  I dare  appeare  to 
my  Lord  Ashley.  You  will  by  the  letters  enclosed  to  Lord  Arlington 
understand  the  posture  of  our  affaires  hereto  woh  I referr  you  and  whether 
warr  or  peace  shall  endeavour  to  make  the  best  use  I can  of  my  time  but 
God  send  us  peace  or  two  good  reginf8  att  least  I thincke  I have  con- 
quered this  island  with  good  words  but  that  will  not  doe  with  Monsr 
Never  man  was  soe  out  in  his  judgment  of  men  in  Barbados  as  your 
friend  Sr  John  Colleton  who  you  know  named  one  Sr  John  Yeamans  to 
exceed  all  men  for  interest  in  this  island  & 1 buylding  upon  his  informa- 
tion named  him  for  a judge  & the  Assembly  brought  in  matters  of  soe 
high  a nature  against  him  that  he  durst  not  stand  the  test  though  I 
offered  to  stand  by  him  as  far  as  in  justice  I ought  By  his  Matie8  com- 
mands hither  I am  sent  & in  poynt  of  honor  whilst  the  warrs  last  here 
I am  fixt  the  place  is  pleasant  the  company  good  y°  power  greate  A 1 
hope  in  tyme  to  give  a good  account  of  all  Wee  had  an  ill  brush  at  S‘ 
Kitts,  Col.  Stapleton  L‘Col.  Cutter, Captai ne Talbutt  hurt  and  taken  Brave 
Bellamont  killed  Yor  freind  Scott  escaped  who  I presume  will  give  you 
a trew  account  of  the  business  In  requital  Sir  John  Harman  hath  burnt 
19  or  20  greate  French  ships  in  Martinico  roade  Farewell 

Yor  affectionate  friend 
to  serve  you 

WILL.  WILLOUGHBY 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle  48.  No.  S.] 


JOHN  YASSALL  TO  SIR  JOHN  COLLETON. 

Nancymond  in  Virginxy  6th  October  1(1(17. 

Honnorable  Sir, 

I presume  you  have  heard  of  the  unhapy  Loss  of  our  Plantation  on 
Charles  River  the  reason  of  which  I could  never  soe  well  have  under- 
stood had  1 not  com  hither  to  heare;  how  that  all  that  came  from  us 
made  it  their  business  soe  to  exclaime  against  the  Country  as  they  had 
rendered  it  unfitt  for  a Christian  habitation;  which  hindered  the  coming 
of  the  people  A supplvs  to  ns  soe  as  the  rude  Rable  of  our  Inhabitants 
ware  day ly  redy  to  mutany  against  mee  for  keeping  them  there  soe  long; 


160 


COLONIAL  RECORDS. 


insomuch  that  after  they  had  found  a way  to  com  hither  hv  land  all  the 
arguments  and  authority  I could  use  wold  noe  longer  prevail  which  in- 
forced  nice  to  stop  the  first  ship  that  came  till  1 could  send  for  more 
shipping  to  carry  us  all  away  togeather  espetially  such  weak  persons  as 
ware  not  able  to  goe  bv  land,  the  charge  and  trouble  whereof  and  the  loss 
of  my  Estate  there  having  soe  ruened  mee  as  I am  not  well  able  to  settle 
myself  heare  or  in  any  other  place  to  live  comfortably.  But  had  it 
pleased  God  to  bring  my  Cauzen  vassal  1 safe  hither  wee  had  bin  yett  in 
a flourishing  condition.  I sent  one  Whiticar  last  November  on  purpose 
at  my  owne  charge  to  give  the  Lords  an  account  of  our  condition  but  lice 
was  taken  by  the  way  soe  as  I have  not  heard  a word  from  any  of  you 
since  I receaved  mv  Commissions  by  Mr  Sanford  and  indeed  we  ware  as 
a poore  Company  of  deserted  people  little  regarded  by  any  others  and 
noe  way  able  to  supply  ourselves  with  clothing  and  necessaries  nor  any 
number  considerable  to  defend  ourselves  from  the  Indians  all  which  was 
occationed  by  the  hard  termes  of  your  Consetions  which  made  our  friends 
that  sett  us  out  from  Barbadoes  to  forsake  us,  soe  as  tliay  would  neither 
suply  us  with  necessaries  nor  find  shipping  to  fetch  us  away,  yet  had  wee 
had  but  200£  sent  us  in  Clothing  wee  had  made  a comfortable  shift  for 
annother  yeare,  and  I offered  to  stay  there  if  but  twenty  men  would  stay 
with  mee  till  wee  had  heard  from  your  Lordships,  for  wee  had  corne 
enough  for  two  yeares  for  a farr  greater  number  and  tho’  the  Indians  had 
killed  our  Cattle  yett  wee  might  have  defended  ourselves  but  I could  not 
find  6.  men  that  wold  be  true  to  me  to  stay:  soe  was  constrained  to  leave 
it  to  my  greate  loss  & ruin,  and  I fear  you  will  not  have  a much  better 
account  of  your  plantation  at  Ronoake  unless  a better  course  be  taken  to 
incorage  their  stay  for  they  are  not  without  greate  cause  of  complaints. 

This  with  my  very  humble  servis  presented  is  all  at  present  From 

Your  honnors  humble  servant 

JOHN  YASSALL 


(Addressed) 

TO  THE  HONORABLE  SI-R  JOHN  COLITON 
Knight  and  Barronett  at  Nerehald 
These  present 
In  Essex. 


COLONIAL  RECORDS. 


161 


[P.  P.  R.  0.  Colonial  Papers.  Vol.  XXI.  No.  134.] 


SAMUEL  MAVERICKE  TO  SEC.  Ld  ARLINGTON 
16.  OCT.  1667. 


Right  Honourable 

The  above  is  a coppie  of  a letter  sent  in  June,  another  coppie  I sent 
with  some  addition  by  one  Randall  of  Plymouth  before  woh  time  wee  had 
eertaine  newes  that  Sr  Robert  Carr  dyed  in  Bristoll  and  never  got  to 
London  but  hope  the  papers  he  carried  came  safe  Since  which  time  wee 
have  not  heard  from  England  nor  much  from  any  other  place  only  this. 
The  plantations  at  Cape  Feare  are  deserted,  the  inhabitants  have  since 
come  hither,  some  to  Virginia.  Att  Burmudoes  there  hath  been  such  a 
drought  as  the  fruites  of  the  earth  are  all  destroyed  and  in  Virginia  on 
the  23rd  of  August  there  was  such  a dreadfull  huracana  as  blew  up  all 
by  the  rootes  y*  was  in  the  ground  overturned  many  houses  and  abund- 
ance of  trees  and  drove  up  some  vessells  of  burthen  above  high  water 
marke  many  foote  and  about  tyme  they  report  the  Lord  Baltamoores 
sworne  Governor  of  Virginia  died.  Good  my  Lord  pardon  mee  for 
being  soe  troublesome  I shall  ever  remaine  Right  honorable  Sir 

Yor  most  obliged 

humble  Servant 
SAM  U ELL  M A V ERICK E 

Boston 

Oct.  16.  1667. 


[Hutchinson’s  History  of  Massachusetts,  Page  238.] 


Note. — In  1667  the  people  at  Cape  Fear  being  under  distressing  cir- 
cumstances a general  contribution  by  order  of  court  was  made  through 
the  colony  for  their  relief.  Although  this  was  a colony  subject  to  the 
proprietary  government  of  Lord  Clarendon  and  others,  yet  the  founda- 
tion was  laid  about  the  time  of  the  Restoration  by  adventurers  from  New 
England  who  supposed  they  had  a right  to  the  soil  as  first  occupants  and 
purchasers  from  the  natives,  and,  issuing  from  Massachusetts,  to  the  same 
civil  privileges;  but  they  were  disappointed  as  to  both.  MS. 


17 


162 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  23.] 


George  Duke  of  Albemarle  Master  of  his  Majesties  Horse,  Edward 
Earle  of  Clarendon,  William  Earle  of  Craven,  John  Lord  Berkeley, 
Anthony  Lord  Ashley  Chancellor  of  the  Exchequer,  Sir  George  Carteret 
Vice  Chamberline  of  his  Majesties  Household,  Sir  William  Berkeley 
Knight  and  Sir  P.  Colleton  Bart:  The  trew  and  absolute  Lords  Pro- 
pryators  of  all  the  Province  of  Carolina 

To  our  trusty  and  welbeloved  Samuell  Stephens  Esq”  Greeting; 

Wee  doe  hereby  constitute  and  appoint  you  during  our  pleasure  Gov- 
ernor of  our  County  of  Albemarle,  as  also  of  all  Isles,  Islets,  Rivers  and 
Seas  within  the  bounds  of  the  said  County  togeather  with  the  Isles  and 
Islets  within  tenn  leagues  thereof,  with  Power  to  nominate  appoint  and 
take  to  you  12.  able  men  at  most  6 at  least  to  be  of  your  Councell  or  as- 
sistance, or  any  eaven  number  between  6.  and  12.  unless  we  have  before 
made  ehoyce  of  or  shall  choose  all  or  any  of  them.  And  we  doe  further 
constitute  and  appoint  you  to  be  our  Commander  in  Cheife,  during  our 
pleasure  of  all  our  forces  raised  and  to  be  raised,  within  our  said  County 
Isles  and  Islets  aforesaid  for  the  security  of  the  same,  and  the  parts  ad- 
jacent within  our  said  Province,  over  which  forces  you  are  to  place  Offi- 
cers and  to  cause  them  to  be  duely  exercised  in  armes,  and  to  doe  all  and 
every  other  thing  and  things,  which  unto  the  Charge  of  a Commander  in 
Cheife  of  an  Army  belongeth  or  hath  accustomed  to  belong.  Command- 
ing all  inferiour  Officers  and  souldiers  of  our  said  forces,  you  to  obey  as 
their  Commander  in  Cheife,  according  to  this  our  Comission,  and  the 
powers  thereby  given  unto  you;  and  according  to  the  Lawes  and  discip- 
line of  Warr;  and  you  yourselfe  alsoe  are  to  observe  and  follow  such 
orders  and  directions,  as  from  time  to  time  you  shall  receive  from  us,  and 
in  all  things  to  govern  yourselfe  as  unto  your  duty  and  place  of  Gover- 
nor of  our  said  County  and  Comander  in  Cheife  of  our  forces  there  doth 
belonge.  Given  under  our  Create  seale  of  our  said  Province  this 
day  of  October  1 667. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  23.] 


George  Duke  of  Albemarle  Master  of  his  Majesties  Horse,  Edward 
Earle  of  Clarendon,  William  Earle  of  Craven,  John  Lord  Berkelev, 


COLON  I A L R ECORDS. 


168 


Anthony  Lord  Ashley,  Chancellor  of  the  Exchequer,  Sir  George  Carte- 
ret Vice  Chamberline  of‘  his  Majesties  Household  and  Sir  William 
Berkeley  Knight  and  Sir  P.  Colleton  Bart : The  trew  and  absolute  Lords 
Propryators-of  all  the  Province  of  Carolina 

To  our  trusty  and  Welbeloved  Samuell  Stephens  Esqre  Governor  of 
our  County  of  Albemarle,  and  the  Isles  and  Islets  within  tenn  leagues 
thereof,  And  to  our  trusty  and  welbeloved  our  councellors  and  assistants 
to  our  said  Governor.  Greeting : 

Bee  it  knowne  unto  all  men,  that  wee  the  said  Lords  and  absolute  pro- 
pryators  of  the  County  within  the  province  aforesaid,  for  divers  good 
causes  and  considerations,  but  more  especially  out  of  the  trust  and  con- 
fidence, reposed  in  you  our  said  Governor  and  Councellors,  for  the  faith- 
full  management  of  the  power  and  Authority  by  us  to  you  given  to  the 
best  availe  and  improvement  of  our  Interest  and  Dominion  in  the  said 
County  of  Albemarle,  and  Isles  and  Islets  aforesaid  and  for  the  availe 
and  improvement  of  the  Interest  Liberty  propryety  and  defence  of  all 
such  as  shall  plant  and  inhabit!  there;  Have  given  granted  and  by  these 
presents  doe  give  and  grant  (during  our  pleasure)  unto  you  our  said 
Governor  by  and  with  the  consent  of  our  Counsell,  or  any  three  of  the 
6.  or  4.  of  a greater  Number  full  and  absolute  power  and  authority  for 
us  and  in  our  Names,  to  lett,  sell,  convey  and  assure  such  lands  in  our 
said  County  to  such  person  and  persons,  and  for  such  Estate  and  Estates, 
and  with  such  provisoes,  conditions  and  Lymitations  as  wee  by  our  In- 
structions and  Concessions,  here  unto  annexed  have  directed  and  as  you 
shalbe  directed  by  such  other  Instructions  and  Rules  as  from  time  to 
time  you  shall  receive  from  us,  and  not  otherwise,  thereby  rattifying  and 
confirmeing  whatsoever  you  shall  doe  pursuant  to  the  said  Instructions 
and  Concessions  and  to  such  Instructions  Rules  and  directions  as  afore- 
said As  alsoe  to  make,  doe,  performe  and  execute  all  and  singuler  Act 
and  acts,  thing  and  things,  powers  and  authorityes  whatsoever  which  wee 
ourselves  may  eann  might  or  could  doe,  in  for  coneerneing  or  relateing 
unto  the  Government  both  Civill  and  Millitary  of  the  said  County  and 
Isle  and  Islets  aforesaid  by  virtue  of  the  Letters  Pattents  of  his  most 
excellent  Majesty  Charles  the  Second  Kinge  of  England,  Scotland,  France 
and  Ireland  defender  of  the  faith,  bearing  date  at  Westminster  the  20th 
day  of  June  in  the  17th  veare  of  his  Reigne,  To  be  exercised  nevertheless 
according  to  such  Instructions  and  with  such  Lymitations,  Restrictions,  con- 
ditionsand  Provisoes  as  in  these  presents  are  hereafter  conteyned ; Thereby 
rattifying,  confirming  and  allowing  all  and  every  such  act  and  acts,  thing 


1 64 


COLONIAL  RECORDS. 


and  tilings  which  our  said  Governor  and  our  said  Councillors  in  our 
Names  shall  doe  in  the  premises  pursuant  to  the  Authority  hereby 
committed;  Provided  and  it  is  hereby  declared  that  this  present  deede  or 
anything  therein  eonteyned  doth  not  extend  nor  shall  it  be  deemed  or 
taken  to  extend,  to  give  up  to  our  said  Governor  or  our  said  Councillors 
or  either  or  any  of  them  any  power  or  authority  to  make  any  Manner  of 
Grant  conveyance,  devise  or  other  like  disposition  of  any  Lands  lying 
within  or  being  part  of  the  said  County,  Isles  or  Islets  aforesaid  but 
according  to  our  instructions  and  concessions,  and  reserveing  for  every 
acre  English  measure,  which  by  virtue  of  this  Authority  you  shall 
graunt  to  any  person  or  persons  of  lawfull  mony  of  England  yearely 
Rent  to  be  paid  to  us  our  heires  or  assignes,  upon  every  25th  day  of 
March  according  to  the  English  account  the  first  payment  whereof  to 
begin  on  the  25th  day  of  March  which  shalbe  according  to  the  English 
account  in  the  year  of  our  Lord  God  1 (570;  Provided  alsoe  that  noe  order 
or  Lawes  made  or  to  be  made  by  virtue  of  this  our  Authority,  shalbe  in 
force  as  Lawes,  for  any  longer  tearme  then  one  yeare  and  a halfe,  within 
one  yeare  of  which  time,  they  shalbe  transmitted  and  presented  to  usfor 
our  Assent;  which  being  given  they  shalbe  in  continewall  force,  till  ex- 
pired by  there  owne  Lymitation,  or  by  act  repealed;  Provided  alsoe  that 
the  executive  parte  of  all  the  said  powers  herein  given,  shalbe  made  and 
exercised  by  you  our  said  Governor  by  and  with  the  advice  and  consent  of 
the  Major  parte  of  our  Councell ; And  if  it  shall  happen  that  our  said 
Governor  or  any  of  our  said  Councell  shall  depart  or  be  absent  at  any 
time  from  our  said  County,  unless  other  provision  be  by  us  made,  that 
then  it  shall  and  may  be  lawfull,  to  and  for  our  Governor  and  Councell 
or  the  major  parte  of  them  resident  in  our  said  County,  to  nominate 
elect  and  appointe  any  such  able  person  or  persons,  as  in  there  discretion, 
to  them  shall  seeme  most  fitt  to  serve  in  and  supply  the  place  of  such  of 
the  said  persons  respectively,  during  there  absence  from  our  said  County, 
Giveing  and  graunting  unto  him  or  them  soe  chosen  during  the  absence 
of  our  said  Governor  or  Councillors,  as  full,  large  and  ample  powers  as 
wee  by  these  presents  to  our  said  Governor  or  Councillors  have  given  ; 
Anything  in  this  present  Comision  in  any  wise  to  the  Contrary  notwith- 
standing; and  alsoe  in  Case  of  death  of  the  Governor  or  death  or  Re- 
movall  of  any  Member  of  our  said  Councell  from  tyme  to  tyme  to  nom- 
inate and  elect  fitt  and  able  persons  in  their  steads  or  places,  respectively, 
which  persons  soe  nominated  and  chosen  shall  exercise  all  powers  to 
those  said  Offices  respectively  belonging  till  our  pleasure  be  signified  to 
the  Contrary;  Given  under  our  greate  Seale  of  our  said  Province  this 
day  of  October  Anno  Domini  1667. 


COLONIAL  RECORDS. 


165 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  25.] 


INSTRUCTIONS  FOR  OUR  GOVERNOR  OF  THE  COUNTY 
OF  ALBEMARLE  IN  THE  PROVINCE 
OF  CAROLINA. 

1.  Imp*  you  are  to  take  to  you  6.  Councillors  at  least  12.  at  most  or 
any  eaveu  Number  betweene  6.  and  12.  with  whose  advice  and  consent, 
or  with  at  least  3.  of  the  6.  or  4.  of  a greater  Number  all  being  sum- 
moned you  are  to  governe  according  to  the  Lymitations  and  Instructions 
following  during  our  pleasure ; 

The  Cheife  Register  or  Secretary  which  wee  have  chosen  or  shall 
choose,  we  fayling  that  you  shall  choose,  shall  keepe  exact  Enteryes  in 
faire  bookesof  all  publicke  affaires  of  said  County  and  to  avoyde  deceates 
and  law  suites  shall  record  and  enter  all  graunts  of  Land  from  the  Lords 
to  the  planter,  and  all  conveyances  of  Land,  house  or  houses  from  man 
to  man,  as  alsoe  all  leases  for  Land,  house  or  houses  made  or  to  be 
made,  by  the  Landlords  to  any  Tennant  for  more  then  one  yeare,  which 
Conveyance  or  Lease  shalbe  first  acknowledged  by  the  Grantor  or  Leaser 
or  owner  by  the  Oath  of  2 Witnesses  to  the  Conveyance  or  Lease  before 
the  Governor  or  some  Chiefe  Judge  of  a Court  for  the  time  being,  who 
shall  under  his  hand  upon  the  backe  side  of  the  said  deede  or  Lease, 
attest  the  acknowledgement  or  proofe  as  aforesaid,  which  shalbe  a war- 
rant for  the  Register  to  record  the  same,  which  Conveyance  or  Lease  soe 
recorded  shalbe  good  and  effectuall  in  Law,  notwithstanding  any  other 
Conveyance  deede  or  Lease  for  said  land,  house  or  houses  or  for  any  parte 
thereof,  although  dated  before  the  Conveyance,  deede  or  Lease,  recorded 
as  aforesaid  and  the  said  Register  shall  doe  all  other  thing  or  things,  that 
wee  by  our  Instructions  shall  direct  and  the  Governor,  Councell  and 
assemblye  shall  ordayne,  for  the  good  and  welfaire  of  the  said  County. 

2.  Item  The  Surveyor  Generali  that  we  have  chosen  or  shall  choose, 
we  faileing  that  von  shall  choose  shall  have  power  by  himselfe  or  deputy 
to  survey,  lev  out  and  bound  all  such  Lands,  as  shalbe  graun ted  from  the 
Lords  to  the  planters  and  all  other  lands  within  the  said  County  &c 
which  may  eoneerne  particuler  men,  as  he  shalbe  desired  to  doe,  and  a 
particuler  thereof  certify  to  the  Register,  to  be  recorded  as  aforesaid,  Pro- 
vided that  if  the  said  Register  and  Surveyor  or  either  of  them  shall  soe 
misbehave  themselves,  as  that  the  Governor  and  Councell  or  Deputy 
Governor  and  Councell  or  the  major  parte  of  them  shall  find  it  reasonable 


COLONIAL  RECORDS. 


lo; 


to  suspend  there  actings  in  their  respective  Imployments  it  shalhe  lawful! 
for  them  soe  to  doe,  untill  further  order  from  iw. 

3.  Item  All  choyce  of  Officers,  made  by  you  shalbe  for  noe  longer 
time  then  during  our  Pleasure. 

4.  Item  Yourselfe,  Councellors,  Assembly  men,  Secretarys,  Surveyors 
and  all  other  Officers  of  trust  shall  sware  or  subscribe  in  a booke  to  be 
provided  for  that  purpose,  that  they  will  bear  true  allegance  to  the  Kinge 
of  England,  his  heires  and  Successors,  and  that  they  wilbe  faithful  1 to  the 
Interest  of  the  Lords  Proprvators  of  the  Province  and  their  heires,  execu- 
tors and  assignes  and  endeavour  the  peace  and  wellfaire  of  the  said  pro- 
vince, and  they  will  truely  and  faithfully  discharge  their  respective 
trusts,  in  their  respective  Offices  and  doe  equall  justice  to  all  men,  accord- 
ing to  their  best  skill  and  judgment  without  Corruption,  favour  or  affec- 
tion, and  the  names  of  all  that  have  sworne  or  subscribed  to  be  entered 
in  a booke,  and  whoesoever  shall  subscribe  and  not  sware,  and  shall  vio- 
late his  promise  in  that  subscription  shalbe  lyable  to  the  same  punish- 
ment that  the  persons  are  or  may  bee,  that  hath  sworne  and  broken  his 
oath. 

Item  That  all  persons  that  are  or  shall  become  subjects  to  the  King  of 
England,  and  sware  or  subscribe  alleagance  to  the  Kinge  and  faithfulness 
to  the  Lords  as  above,  shalbe  admitted  to  plant  and  become  fremen  of  the 
province,  and  injoy  the  freedomes  and  Immunyties  hereafter  exprest, 
untill  some  stop  or  contradiction  be  made  by  us  the  Lords,  or  else  by  the 
Governor,  Councell  and  Assembly  which  shalbe  in  force  untill  the  Lords 
see  cause  to  the  contrary,  provided  that  such  stopp  shall  not  any  wayse 
prejudice  the  Right  or  Continewance  of  any  person  that  hath  beene  re- 
ceaved  before  such  stopp  or  order  come  frory  the  Lords  or  Generali 
assembly. 

Item  That  noe  person  or  persons  quallifyed  as  aforesaid  within  the 
province,  or  all  or  any  of  the  Countyes  before  exprest  at  any  time  shalbe 
anywayse  molested,  punished,  disquieted  or  called  in  question  for  any 
differences  in  oppinion  or  practice  in  matter  of  religious  concernement  whoe 
doe  not  actually  disturbe  the  civill  peace  of  the  said  province  or  County, 
but  that  all  and  every  such  person  and  persons  may  from  time  to  time 
and  at  all  times  freely  and  fully  have  and  injoy  their  Judgements  and 
Consiences  in  matter  of  religion,  throughout  all  the  said  province,  they 
behaving  themselves  peaceably  and  quietly  and  not  useing  this  liberty 
to  Lycentiousness,  to  the  Civill  Injury  or  outward  disturbance  of  others, 
any  Law,  Statute  or  Clause  contained  or  to  be  contained  Usuage  or  Cus- 
tome  of  this  realme  of  England  to  the  contrary  hereof  in  any  wise  not- 
withstanding; 


COLONIAL  RECORDS. 


167 


Item  And  that  noe  pretence  may  be  taken  by  us  our  heirs  or  assignes, 
for  or  by  reason  of  our  right  of  patronage  and  power  of  advowson 
graunted  unto  us  by  His  Majesties  Letters  Pattents  aforesaid  to  infringe 
thereby  the  Generali  clause  of  Liberty  of  Contienee  aforementioned,  Wee 
doe  hereby  graunt  unto  the  Generali  Assembly  of  the  said  County  Power 
by  act  to  constitute  and  appoint  such  and  soe  many  ministers  or  preachers 
as  they  shall  thinke  fitt  and  to  establish  their  maintenance,  giveing  Lib- 
erty besides  to  any  person  or  persons  to  keepe  and  maintayne  what 
Preachers  or  Ministers  they  please. 

Item  That  the  Inhabitants  being  freemen  or  Cheefe  agents  to  others 
of  the  County  aforesaid  doe  as  soone  as  this  our  Commission  shall  arrive 
bv  virtue  of  a writ  in  our  Names,  sealed  with  our  Seale  of  the  County 
and  by  you  signed,  make  choyce  of  12.  deputves  or  representatives  from 
amongst  themselves,  whoe  being  chosen  are  to  jovne  with  you  our  Gov- 
ernor and  Councell  for  the  makeing  of  such  Lawes,  Ordinances  and  Con- 
stitutions as  shalbe  necessary  for  the  present  good  and  wellfaire  of  the 
County  aforesaid,  but  as  soone  as  parishes,  denizions,  tribes  or  distinctions 
of  the  County  are  made,  that  then  the  Inhabitants  or  freeholders  of  the 
severall  and  respective  parishes,  tribes,  denizions  and  distinctions  of  the 
County  aforesaid  doe  (by  your  writts  under  our  Seale  which  wee  ingage 
shalbe  in  due  time  ishewed)  annually  meet  on  the  1°  day  of  January  and 
choose  two  freeholders  fore  each  respective  denizion,  tribe  or  parish  to  be 
the  deputves  or  representatives  of  the  same,  which  body  of  the  represen- 
tatives or  the  major  parte  of  them  shall  with  the  Governor  and  Councell 
aforesaid  be  the  Generali  assembly  of  the  said  County  the  Governor  or 
his  deputy  being  present  unless  they  shall  wilfully  refuse,  in  which  case 
they  may  appoint  themselves  a President  during  the  absence  of  the  Gov- 
ernor or  his  deputy  Governor. 

Which  Assembly  arc  to  have  power 

To  appoint  their  owne  times  of  meeting  and  to  adjorne  their  Sessions 
from  time  to  time  to  such  times  and  places  as  they  shall  thinke  conven- 
ient, as  alsoe  to  assortane  the  Number  of  their  <|Uornm,  provided  that 
such  Numbers  be  not  less  then  \ parte  of  tin'  whole,  in  whome  or  more 
shalbe  the  full  power  of  the  Generali  Assembly  vizt : 

Item  To  act  and  make  all  such  Lawes,  acts  and  constitutions  as 
shalbe  necessary  for  the  well  government  of  the  said  Collonv  and  them 
to  repeale,  provided  that  the  same  be  consonant  to  reason,  and  as  neare 
as  may  be  conveniently  agreable  to  the  Lawes  and  Customcs  of  his  Maj- 
esties Kingdome  of  England,  provided  alsoe  that  they  be  not  against  the 
Interest  of  us  the  Lords  Proprietors  our  heires  or  assignes,  nor  any  of 


COLONIAL  RECORDS. 


168 


these  our  present  Concessions,  espetially  that  they  be  not  against  the  arti- 
kle  for  liberty  of  contienee  above  mentioned,  which  Lawes  &e  soe  made 
shall  reeeave  publication  from  the  Governor  and  Councill  (but  as  the 
Lawes  of  us  and  our  Generali  Assembly)  and  be  in  force  for  the  space 
of  1 yea  re  and  \ and  noe  more,  (unless  confirmed  bv  us.)  within  which 
time  they  are  to  be  presented  to  us  our  lieires  &e  for  our  ratification,  and 
being  confirmed  by  us  they  shalbe  in  Conti newall  force,  till  expired  by 
their  owne  Lymitations  or  by  act  of  repeale  in  like  manner  as  aforesaid  to 
be  passed  and  confirmed. 

Item  By  act  as  aforesaid  to  constitute  all  Courts  togeather  with  the 
Lvmitts,  powers  and  Jurisdictions  of  the  said  Courts  as  a 1 soe  the  severall 
Officers  Number  of  Officers  belonging  to  each  of  the  said  respective 
Courts  togeather  with  their  severall  and  respective  salleryes,  fees  and 
perquisites,  there  appellations  and  dignityes,  with  the  penaltyes  that 
shalbe  due  them  for  breach  of  their  severall  and  respective  dutyes  and 
trusts. 

Item  By  Act  as  aforesaid  to  ley  equall  taxes  and  assesments  equally 
to  rayse  monies  or  goods  upon  the  lands  (excepting  the  Lands  of  us  the 
Lords  Proprietors  before  setting)  or  persons  within  the  severall  precincts, 
hundreds,  parishes,  Mannors  or  whatsoever  other  denizions  shall  hereaf- 
ter be  made  and  established  in  the  said  County,  as  oft  as  necessity 
shall  require,  and  in  such  manner  as  to  them  shall  seeme  most  equall 
and  easye  for  the  said  inhabitants,  in  order  to  the  better  supporting  of 
the  publicke  Charge  of  the  said  Government  and  for  the  mutuall  safety, 
defence  and  security  of  the  said  County. 

Item  By  act  as  aforesaid  to  erect  within  the  said  County  such  and  soe 
many  Barronyes  and  Mannors  with  their  necessary  Courts,  Jurisdic- 
tions, freedoms  and  priviledges  as  to  them  shall  seeme  convenient,  as  alsoe 
to  devide  the  said  County  into  hundreds,  parishes,  tribes  or  such  other 
denizions  and  distinctions  as  they  shall  thinke  fitt,  and  the  said  denizions 
to  distinguish  by  what  Names  wee  shall  order  or  direct,  and  in  default 
thereof  by  such  Names  as  they  please,  as  alsoe  within  any  parte  of  the 
said  County  to  create  and  appoint  such  and  soe  many  ports,  harbours, 
Creekes  and  other  places  for  the  convenient  ladeing  and  unladeing  of 
goods  and  merchandize  out  of  slopes  boates  and  other  vessels,  as  they 
shall  see  expedient,  with  such  Jurisdictions  priviledges  and  franchises  to 
such  ports  &c  belonging  as  they  shall  judge  most  conduceing  to  the  Gen- 
erali good  of  the  said  plantation  or  County. 

Item  By  their  enacting  to  be  confirmed  as  aforesaid  to  erect  rayse  and 
build  within  the  said  County  or  any  parte  thereof  such  and  soe  many 


COLONIAL  RECORDS. 


169 


forts,  fortresses,  Castles  Cittyes,  Corporations,  Burroughs,  Townes, 
Villages,  and  other  places  of  strength  and  defence,  and  them  or  any  of 
them  to  incorporate  with  such  Charters  and  priviledges  as  to  them  shall 
seeme  good  and  our  Charter  will  permitt,  and  the  same  or  any  of  them 
to  fortifie  and  furnish  with  such  proportion  of  ordinance,  powder,  shott, 
armour  and  all  other  weapons,  ammunition  and  habilliments  of  warr 
both  offensive  and  defensive  as  shalbe  thought  necessary  and  convenient 
for  the  safety  and  welfaire  of  the  said  County,  but  they  may  not  at  any 
time  demolish,  dismantle  or  disfurnish  the  same  without  the  consent  of 
the  Governor  and  Major  parte  of  the  Councell. 

Item  By  act  as  aforesaid  to  constitute  trayne  bands  and  Companies 
with  the  number  of  soldiers  for  the  safety,  strength  and  defence  of 
the  said  County  and  province,  and  of  the  ports,  Castles,  Cittyes  &c,  to 
suppress  all  intrigues  and  Rebellions  to  make  warr  offensive  and  defen- 
sive with  all  Indyans,  Strangers  and  Forreigners  as  they  see  cause,  and 
to  pursue  an  Enemy  by  sea  as  well  as  by  land,  and  if  needs  be  out  of  the 
Lymits  and  Jurisdictions  of  said  County,  with  the  particuler  consent 
of  the  Governor  and  under  the  conduct  of  our  Governor  or  whome  he 
shall  appoint. 

Item  by  act  as  aforesaid  to  give  unto  all  Strangers  as  to  them  shall 
seeme  meete,  at  Naturalisation  and  all  such  freedomes  and  priviledges 
within  the  said  County,  as  to  his  Majesties  subjects  doe  of  right  belonge, 
they  swearing  or  subscribing  as  aforesaid  which  Strangers  soe  natural- 
lised  and  priviledged  shall  alsoe  have  the  same  immunities  from  Customes 
as  is  granted  by  the  kinge  to  us,  and  by  us  to  the  said  County ; and  shall 
not  be  lyable  to  any  other  Customes  then  the  rest  of  his  Majesties  sub- 
jects in  said  County  are,  but  be  in  all  respects  accompted  in  that  County 
aforesaid  as  the  King’s  Naturall  Subjects. 

Item  By  act  as  aforesaid  to  prescribe  the  quantityes  of  land  which 
shalbe  from  time  to  time  alloted  to  every  head  free  or  sarvant,  male  or 
female,  and  to  make  and  ordaine  rules  for  the  casting  of  Lotts  for  Land, 
and  leying  out  of  the  same,  provided  that  they  doe  not  in  their  said  pre- 
scriptions, exceed  the  several  1 proportions  which  are  hereby  gra unted  In- 
ns, to  all  persons  arriving  in  the  said  County  or  adventuring  theither  that 
is  to  say  60.  acres  to  every  freeman,  and  as  much  to  his  wife,  the  like  to 
each  freewoman  that  arrives  in  said  County  and  brings  servants  to  settle, 
and  60.  acres  to  every  Master  or  Mistris  for  every  man  sarvant  he  or 
they  shall  bringe  or  send,  armed  with  a good  fierlocke  or  Matchlocke  bore 
12  bullets  to  the  pound,  10  pounds  of  powder  and  twenty  lbs  of  bullets 
with  Match  proportionable,  50  acres  for  every  other  sort  of  sarvant  and 
18 


170 


COLONIAL  RECORDS. 


50.  acres  for  every  servant  for  liis  or  her  proper  use  and  behoofe,  when 
their  time  of  servitude  is  expired,  provided  that  all  lands  whatsoever  soe 
settled  and  planted  shall  afterwards  from  time  to  time  for  the  space  of  13 
yeares  from  the  date  hereof  be  held  upon  the  condition  aforesaid  of  con- 
tinewing  one  able  man  servant  or  2 such  weaker  servants  as  aforesaid  on 
every  100.  acres,  a Master  or  Mistris  shall  possess  besides  what  was 
graunted  for  his  or  her  owne  person,  infailer  of  which  upon  Notification 
to  the  present  occupant  or  his  assignes  there  shalbe  3.  yeares  time  given 
to  such  for  their  compleating  said  Number  of  persons  or  for  their 
sayle  or  other  disposure  of  such  parte  of  their  land  as  are  not  soe  peopled 
within  which  time  of  3 yeares  if  any  person  holding  any  Lands  shall 
fayle  by  himselfe,  his  agents,  executors  or  assignes  or  some  other  way  to 
provide  such  number  of  persons,  unless  the  Generali  Assembly  shall 
without  respect  to  poverty,  judge  that  it  was  impossible  for  the  party  soc 
fayleing  to  keepe  or  procure  his  or  her  number  of  servants  to  be  pro- 
vided as  aforesaid  in  such  case  wee  the  Lords  to  have  power  of  disposeing 
of  so  much  of  such  Land  as  shall  not  be  planted,  with  its  due  Number 
of  persons  as  aforesaid  to  some  other  that  will  plant  the  same. 

Except  those  lands  which  are  decended  to  Orphants  by  Inherritance, 
whome  wee  hereby  allowe  3.  yeares  time  after  there  comeing  to  the  age 
of  21.  yeares  for  the  peopling  of  there  land  as  aforesaid  and  then  in  case 
of  failer  wee  the  Lords  to  have  power  of  disposure  of  their  lands,  as  of 
the  lands  of  other  persons,  provided  alwavse  that  any  person  whoe  hath 
a stocke,  of  Catle,  Sheepeorsuch  like  on  his  hands  shall  for  every  greater 
sort  of  Catle,  which  he  hath  at  the  time  of  such  forfeiture,  as  horses, 
kine  &e.  retane  2.  acres  and  for  every  lesser  sort  as  sheepe,  hoggs  &e.  1. 
acre,  provided  alsoe  that  noe  persons  arriveing  into  the  said  Collony  with 
purpose  to  setle  (they  being  subjects  or  natturallised  as  aforesaid)  be  de- 
nyed  a graunt  of  such  proportions  of  land  as  at  the  time  of  their  arriveall 
are  due  to  themselves  or  servants  bv  concession  from  us  as  aforesaid  but 
have  full  Lvcence  to  take  up  and  setle  the  same  in  such  order  and  man- 
ner as  is  graunted  or  prescribed,  all  lands  notwithstanding  (the  power  in 
the  assembly  aforesaid)  shalbe  taken  up  by  warrant  from  the  Governor 
and  confirmed  by  the  Governor  and  Councell  under  our  Seale  of  the 
County  for  that  purpose  provided,  in  such  order  and  Meth-hood  as  shalbe 
set  downe  in  this  declaration  and  more  at  large  in  the  Instructions  to  the 
Governor  and  Councell 

Lastly  To  enact,  constitute  and  ordaine  all  such  other  Lawes,  acts  and 
constitutions  as  shall  or  may  be  necessary  for  the  good,  prosperity  and 
setlement  of  the  said  County,  excepting  what  by  these  presents  are  ex- 
cepted, and  conformeing  to  the  Limitations  herein  expressed. 


COLONIAL  RECORDS. 


171 


To  see  all  Courts  established  by  the  Lavves  of  the  Generali  Assembly 
and  all  Ministers  and  Officers  Civill  or  Millitary  doe  and  execute  their 
severall  dutyes  and  offices  respectively  according  to  the  Lawes  in  force, 
and  to  punish  them  for  swerveing  from  the  Lawes  or  acting  contrary  to 
their  trust;  as  the  nature  of  their  offence  shall  require. 

Item  According  to  the  Constitutions  of  the  Generali  Assembly  to 
nominate  and  commissionate  the  severall  Judges  Members  and  Officers  of 
Courts  wheither  Majestraticall  or  Ministeryall  and  all  other  Civill  Offi- 
cers as  Justices,  Coroners  &cand  their  Comissions  and  powers  and  autlior- 
ityes  to  revoake  at  pleasure,  provided  they  appoint  none  but  such  as  arc 
freeholders  in  the  County  aforesaid  unless  the  Generali  Assembly  con- 
sent. 

Item  According  to  the  Constitutions  of  the  Generali  Assembly  to 
appoint  Courts  and  Officers  in  cases  criminiell  and  to  empower  them  to 
inflict  penaltyes  upon  offenders  against  any  of  the  Lawes  in  force  in  the 
said  County  as  the  said  Lawes  shall  ordavne,  wheither  by  fine,  Impris- 
onment, banishment,  corporall  punishment  or  to  the  taking  away  of  Mem- 
ber or  of  life  itselfe. 

Item  To  place  Officers  and  Soldiers  for  the  safety,  strength  and  defence 
of  the  forts,  Castles,  Cittyes  etc  according  to  the  Number  appointed  by 
the  Generali  Assembly,  to  nominate,  place  and  commissionate  all  Mili- 
tary Officers  under  the  Governor  whoc  as  Commander  in  eheefe  is  oom- 
missionated  by  us,  over  the  severall  trayne  bands  and  companies  consti- 
tuted by  the  Generali  Assembly  as  Gollonels,  Captains  &c  and  their 
Commissions  to  revoake  at  pleasure  the  governor  singly  or  with  the  ad- 
vice of  his  Councill,  which  we  advize  him  to  take,  to  muster  and  trayne 
all  the  soldiers  within  the  said  County  to  prosecute  warr,  pursue  an  En- 
emy, suppress  rebellions  and  mutinies  as  well  by  sea  as  land,  and  to  exer- 
cise the  whole  Millita  as  fully  as  by  our  Letters  Eattents  from  the  Kinge 
wee  cann  impower  him  or  them  to  doe,  provided  that  they  appoint  noe 
millitary  Officers  but  what  are  freeholders  in  the  said  County,  unless  the 
Generali  Assembly  shall  consent. 

Item  Where  they  see  cause  after  condemnation  to  reprcivetill  the  case 
may  be  presented  with  a Coppy  of  the  whole  Trvall,  proceedings  and 
proofes  to  the  Lords,  whoe  will  accordingly  either  pardon  or  command 
execution  of  the  sentence  on  the  offender  whoe  in  the  meane  time  to  be1 
Kept  in  safe  custody  till  the  pleasure  of  the  Lords  be  knowne. 

Item  In  ease  of  death  or  other  removeall  of  any  of  the  representa- 
tives within  the  yeare  to  I shew  summons  bv  Writt  to  the  respective  den - 
izion  or  denizions  for  which  hee  or  they  were  chosen  commanding  the  free- 
holders of  the  same  to  choose  others  in  there  steade. 


172 


COLONIAL  RECORDS. 


Item  To  make  warrants  ami  scale  graunts  for  Lands  according  to  onr 
Concessions  and  prescriptions  by  the  advice  of  the  Generali  Assembly  in 
such  forme  as  shalbe  at  large  set  downe  in  our  Instructions  to  the  Gov- 
ernor in  his  Commission  and  which  are  hereafter  exprest. 

Item  To  act  and  doe  all  other  thine;  and  things  that  mav  conduce  to 

c5  O J 

the  safety,  peace  and  well  government  of  the  said  County  as  they  shall 
see  fitt,  soe  as  they  be  not  contrary  to  the  Lawesof  the  County  aforesaid. 

For  the  better  securing  of  the  Propryetes  of  all  inhabitants. 

You  are  not  to  impose  nor  suffer  to  be  imposed  any  taxe,  Custome, 
Subsidy,  tallage,  assessment  or  any  other  duty  whatsoever  upon  any  cul- 
lor  or  pretence  upon  the  said  County  and  the  I nhabitants  thereof,  other  then 
what  shalbe  imposed  by  the  authority  and  consent  of  the  Generali  As- 
sembly, and  then  only  in  manner  as  aforesaid. 

Item  You  are  to  take  care  that  land  quietly  held  planted  and  pos- 
sessed 7.  yeares  after  its  being  first  duely  surveyed  by  the  surveyor  Gen- 
erali or  his  order  shall  not  be  subject  to  any  review  resurvey  or  alteration 
of  bounds  on  what  pretence  soever  bv  any  of  us,  or  any  Officers  or  Min- 
isters under  us. 

Item  You  are  to  take  care  that  noe  man  if  his  Catle,  stray  range  or 
graze  on  any  ground  within  the  said  County  not  actually  appropriated 
or  set  out  to  perticculer  persons  shalbe  lyable  to  pay  any  trespas  for  the 
same,  our  heires  &c.  provided  that  custome  of  Commons  be  not  thereby  pre- 
tended to,  nor  any  person  hindred  from  takeing  up  and  appropryateing 
any  Lands  soe  grazed  upon,  and  that  noe  persons  purposely  doe  suffer 
his  Catle  to  graze  on  such  lands. 

Item  It  is  our  will  and  desire  that  the  Inhabitants  of  said  County  and 
adventurers  theither  shall  enjoy  all  the  same  Immunityes  from  Customs 
for  exporting  certine  goods,  from  there  Realmes  of  England  <£rc.  theither 
as  the  Kinge  hath  beene  graciously  pleased  to  graunt  to  us,  as  alsoe  for 
the  Ineorragement  of  the  manufactors  of  wine,  silke,  ovle,  Ol lives,  fruits, 
almonds  &c.  mentioned  in  the  pattent  have  priviledge  for  bringing  them 
Custome  free  into  any  of  his  Maj*®8  Dominions  for  the  same  time,  and 
upon  the  same  tearmes,  as  wee  ourselves  may  by  our  Pattent  doe. 

And  that  the  planting  of  the  County  aforesaid  may  be  more  speedily 
promoted. 

You  are  to  take  notice  that  wee  doe  hereby  graunt  unto  all  persons  whoe 
have  already  adventured  theither  or  shall  transport  themselves  or  servants 
theither  before  the  25th  day  of  December  which  shalbe  in  the  veare  of  our 


COLONIAL  RECORDS. 


173 


Lord  1669  there  following  proportions  of  Land  vizt : 60.  acres  English 
measure,  to  every  freeman  and  as  much  to  his  wife,  if  he  have  one,  and 
to  every  freewoman  that  already  is  or  shall  arrive  into  the  said  County 
with  a sarvant  or  sarvants  to  plant  within  the  time  aforesaid  60.  acres 
like  measure  to  a Master  or  Mistris  for  every  able  man  sarvant  he  or  slice 
shall  bringe  or  send  as  aforesaid  being  each  of  them  armed  with  a good 
fierlocke  or  matchlocke  bore  12  bullets  to  the  pound  10  lbs.  of  powder 
and  20.  lbs  of  bullets  with  match  proportionable,  60  acres,  and  50.  acres 
like  measure  for  every  other  sort  of  sarvant,  he  or  slice  shall  bring  within 
the  time  aforesaid,  and  to  every  of  there  servants  soe  transported  within 
the  time  aforesaid,  50.  acres  like  measure  to  their  proper  use  and  bchoofo, 
when  their  time  of  servitude  is  expired,  all  which  lands  and  all  others 
that  slialbe  possessed  there  are  to  be  held  on  the  same  tearmes  and  condi- 
tions as  is  before  mentioned,  and  as  is  hereafter  in  the  following  para- 
graphes  more  at  large  exprest. 

And  that  the  lands  may  be  the  more  regulerlv  laid  out  and  all  persons 
the  better  assertained  of  their  tytles  and  possessions. 

You  are  to  take  care  and  direct  that  all  lands  he  devided  bv  Generali 
Lotts,  none  less  then  2200.  acres  nor  more  then  2200.  acres  in  each  lot t 
except  in  Cittyes,  Townes  &c.  and  the  neare  lotts  of  Towneships  and  that 
the  same  be  undeeimally  devided  ^y  part  by  lott  to  us  our  lieires  and 
assignes,  the  remainder  to  persons  as  they  come  to  plant  the  same  in  such 
proportions  as  is  allowed. 

Item  That  you  or  whoeme  you  shall  depute  in  Case  of  death  of  ab- 
sence, if  some  one  be  not  before  commissionated  by  us  as  aforesaid  doe 
give  to  every  person  to  whome  land  is  due,  a warrant  signed  and  sealed 
by  yourselfe  and  the  major  parte  of  vour  Councill,  and  directed  to  the 
surveyor  Generali  or  his  deputy,  commanding  him  to  lev  out  lymitt  and 
bound  acres  of  land  (as  his  due  proportion  is)  for  such  a person  in 
such  allotment  according  to  which  warrant  the  Register  haveing  first  re- 
corded the  same,  and  attested  the  record  upon  the  warrant  the  Surveyor 
Generali  or  his  deputy  shall  proceed  and  eertifie  to  the  Cheefe  Secretary 
or  Register  the  name  of  the  person,  for  whome  lice  hath  laid  out  land,  by 
virtue  of  what  authority,  the  date  of  the  authority  or  warrant,  the  num- 
ber of  acres,  the  bounds,  and  on  what  point  of  the  Compas  the  several! 
Lymitts  thereof  lye,  which  certificate  the  Register  is  likewayse  to  enter 
in  a booke  to  be  prepared  for  that  purpose,  with  an  alphabetical  table 
refori ng  to  the  booke,  that  soe  the  Certificate  may  be  the  easyor  found, 
and  then  to  fvlo  the  Certificate,  and  the  same  to  keepe  safely. 


174 


COLONIAL  RECORDS. 


The  Certificate  being  entred  a warrant  comprehending  all  the  partic- 
culers  of  Land  mentioned  in  the  Certificate  aforesaid  is  to  be  prepared  by 
the  Secrytary,  and  signed  and  sealed  by  you  and  your  Co  uncell  or  the 
major  parte  of  them  as  aforesaid  (they  haveing  seene  the  Entery)  and 
directed  to  the  Register  or  Cheefc  Secrytary  for  his  preparing  a graunt 
of  the  Land  to  the  party  for  vvhome  it  is  lcvd  out,  which  graunt  shalbe  in 
forme  following  vizt : 

The  Lords  Propryators  of  the  Province  of  Carolina  doe  hereby  graunt 
unto,  A.  B.  of  the  County  of  in  the  province  aforesaid  a planta- 

tion in  the  said  County  of  acres  English  measure  bounding  (as  in  the 
said  Certificate)  to  hold  to  him  (or  her)  his  (or  her)  heirs  or  assignes  for 
caver;  yielding  and  paying  yearely  to  the  said  Lords  Propryators  their 
heires  or  assignes,  every  25th  day  of  March  according  to  the  English 
accompt  4d  of  lawfull  English  money  for  every  of  the  said  acres,  to  be 
holden  of  the  manner  of  in  free  and  Common  Soccage  the  first  pay- 

ment of  which  rent  to  begin  on  the  25th  day  of  March  which  shalbe  in 
the  yeare  of  our  Lord  1670  according  to  the  English  acccompt,  given 
under  the  Seale  of  the  County  of  the  day  of  in  the  yeare  of 
our  Lord. 

To  which  Instrument  the  Governor  or  his  deputy  hath  hereby  full 
Authority  to  put  the  Seale  of  the  said  County  and  to  subscribe  his  name, 
as  alsoe  the  Councell  or  major  parte  of  them  are  to  subscribe  their  names, 
and  then  the  Instrewment  or  graunt  is  to  be  by  the  Register  recorded  in  a 
booke  of  records  for  that  purpose,  all  which  being  done  according  to  these 
Instructions,  wee  hereby  declare  the  same  shalbe  effectual  in  Law  for  the 
Injoyment  of  the  said  plan4  and  all  the  benefitts  and  profitts  of  and  in  the 
same  except  J pt  of  mynes  of  gould  and  silver  paying  the  rent  as  afore- 
said provided  that  if  any  plantation  soe  graunted  shall  by  the  space  of  3. 
yeares  be  neglected  to  the  planted,  with  a sufficient  number  of  servants  as 
is  before  mentioned  that  then  it  shalbe  lawfull  for  us  otherwayse  to  dis- 
pose thereof  in  whole  or  in  parte  this  graunt  notwithstanding. 

Wee  doe  alsoe  grant  convenient  proportions  of  Land  for  highwayes  and 
for  streets  not  exceeding  100  foote  in  breadth  in  Cittyes,  townes,  Vil- 
lages &c.  for  Churches,  forts,  Wharfes,  Keyes,  harbours  and  for  publicke 
houses,  and  to  each  parish  for  the  use  of  their  Ministers,  100.  acres  in 
such  places  as  the  Generali  Assembly  shall  appoint. 

Item  You  are  to  take  notice  that  all  such  lands  leyed  out  for  the  uses 
and  purposes  in  the  next  proceeding  artikle,  shalbe  free  and  exempt  from 
all  rents,  taxes  and  other  charges  or  dutves  whatsoever,  payable  to  us  our 
heires  or  assignes. 


COLONIAL  RECORDS. 


175 


Item  That  in  Lying  out  lands,  for  Cittyes,  Townes,  Villages,  Bur- 
roughs or  other  haniletts,  the  said  lands  be  undecimally  devided  ^ parte 
to  be  by  lott  laid  out  for  us,  and  the  rest  devided  to  such  as  shalbe  will- 
ing to  build  thereon,  they  paying  after  the  rate  of  V per  acre  yearely  to 
us,  as  for  their  other  lands  as  aforesaid  which  said  lands  in  Cittyes  <fee  is 
to  be  assured  to  each  possessor  by  the  same  way  and  Instrewment  as  is 
before  mentioned. 

Item  That  all  rules  relating  to  building  of  each  streete,  and  quantity 
of  ground  to  Be  allotted  to  each  howse,  within  the  said  respective  Cittyes, 
Burroughes  and  Townes,  be  wholy  left  by  act  as  aforesaid  to  the  wisdome 
and  discretion  of  the  Generali  Assembly. 

Item  The  Inhabitants  of  said  County  have  free  passage  thorrough,  or 
by  any  Seas,  Sounds,  Creekes,  Rivers,  Rivelets  &e.  in  the  said  Province 
of  Carolina,  through  or  by  which  they  must  necessaryly  pass  to  come 
from  the  mayne  Ocean  to  the  County  aforesaid  or  any  parte  of  the  pro- 
vince aforesaid. 


1668. 

[Records  of  Perquimans  County.  Book  A.  No.  (>(>.] 


George  Duke  of  Albemarle  Master  of  his  Majesties  Horse,  Edward 
Earle  of  Clarendon,  William  Earle  of  Craven,  John  Lord  Berkley 
Anthony  Lord  Ashley  Chancel  of  the  Exchequer,  Sir  George  Carteret 
Vice  Chamberlain  of  his  Majesty’s  household,  Sir  William  Berkley 
Knight,  & Sr.  Peter  Colleton  Baronet,  the  true  and  absolute  Lords  Pro- 
prietors of  all  the  Province  of  Carolina.  To  our  trusty  and  well  beloved 
Samuel  Stephens  Esqr  Governor  of  our  County  of  Albemarle,  & the 
Isles  and  Inlets  within  ten'  Leagues  thereof,  and  to  our  trusty  and  well 
beloved,  our  Counsellors,  and  adjustants  to  our  said  Governor,  Greet- 
ing.— Whereas  we  have  received  a petition  from  the  Grand  Assembly  of 
the  County  of  Albemarle  praying  that  the  Inhabitants  of  the  said  County 
may  hold  their  Lands  upon  tin*  same  terms,  and  conditions  that  the  In- 
habitants of  Virginia  hold  theirs.  And  for  as  much  as  the  said  County 
doth  border  upon  Virginia,  and  is  much  of  the  same  nature;  we  are  con- 
tent, and  do  grant,  that  the  Inhabitants  of  said  County  do  hold  their 
lands  of  us  the  Lords  Proprietors  upon  the  same  terms  and  conditions 
that  the  Inhabitants  of.  Virginia  hold  theirs. — Werefore  be  it  known 


COLONIAL  RECORDS. 


176 


unto  all  men  by  these  presents,  that  we  the  said  Lords  and  absolute  Pro- 
prietors of  the  County  within  the  Province  aforesaid,  have  given,  granted, 
and  by  these  presents  do  give  and  grant  full  Power  and  Authority  unto 
you  our  said  Govenor  by  and  with  the  Consent  of  our  Couneel,  or  the 
major  part  thereof,  or  to  any  Govenor  for  the  time  being  or  that  shall 
hereafter  be  by  us  appointed,  full  power  and  authority,  by  and  with  the 
consent  of  our  Couneel  then  being,  or  the  major  part  thereof,  to  convey, 
and  grant  such  proportions  of  Land,  as  by  our  Instructions  and  Conses- 
sions  annexed  to  our  Commission,  bearing  date  in  October, no  Domini 
1(567.  We  have  appointed  to  such  persons  as  shall  come  into  our  said 
County  to  plant,  or  inhabit;  To  be  held  of  us,  our  heirs  and  assigns 
upon  the  same  terms,  and  Conditions  that  land  is  at  this  present  usually 
granted  in  Virginia;  anything  in  our  Instructions  and  Concessions  afore- 
said, to  the  Contrary  not  withstanding. — And  we  do  hereby  declare  & 
consent  that  the  warrant  to  the  Surveyor  for  the  laying  out  of  said  Land, 
and  the  Return  thereof  being  Registered  and  also  the  grant  of  you  our 
said  Govenor,  & Counsel,  or  Govenor  and  Counsel  that  shall  be  when 
such  Land  is  due,  having  the  Seal  of  the  County  affixed  to  it,  and  signed 
by  your  self,  and  Major  part  of  our  Counsel,  for  the  time  being,  being 
Registered,  shall  be  good  and  effectual  in  law  for  the  enjoyment  of  the 
said  Land,  or  Plantation,  and  all  the  benefits  and  profits  of,  and  in  the 
same;  (Except  one  half  of  all  Gold  & Silver  mines)  to  the  party  to 
whom  it  is  granted  his  heirs  and  assigns  forever,  he  or  they  performing 
the  Conditions  aforesaid,  Given  under  our  hands  and  great  seal  of  our 
Province,  this  first  day  of  May,  Anno  Domini  1668.  Albemarle,  Cra- 
ven, John  Berkley,  Ashley,  Carteret,  P.  Colliton. 


[B.  P.  K.  O.  Colonial  Papers.  Vol.  XXIII.  No.  23.] 


ACCOUNT  OF  LORD  WILLOUGHBY’S  PROCEEDINGS 
FROM  Ills  FIRST  ARRIVAL  AT  BARBADOES 
23  APRIL  1667. 


BARBADOS.  THE  BEGINNING  AND  PROGRESS  OF  MY  PROCEEDINGS 
HERE  FROM  MY  FIRST  ARRIVAL  AT  BARBADOS 

APRILL  23  1667  UNTO  JULY  13  1668. 

At  my  arrivall  I found  the  island  under  three  Governors  my  sonne 
Henry  Willoughby  Col.  Henry  Hawley  & Col.  Sam.  Banvicke  the  two 


COLONIAL  RECORDS. 


177 


latter  planters  who  to  ingratiate  themselves  with  the  people  (though  gen- 
erally hated)  endeavored  to  obstruct  all  business  tending  to  the  King’s 
honor  and  to  the  Countryes  safty  when  anything  was  proposed  that  might 
put  the  Country  to  charge  This  caused  such  a division  betweene  the 
loyally  affected  (who  sided  with  my  sonne  Harry)  and  the  factious  and 
seditious  spiritts  that  nowe  begin  to  appeare  (of  which  Barwicke,  Lam- 
bert, Sir  John  Yeamans,  Col.  Sharpe  Lt.  Col.  Edwd.  Thornbury,  Lt. 
Col.  John  Horne  Col.  Philip  Bell  now  of  my  Council  are  the  head  and 
almost  all,  that  had  my  arrivall  beene  protracted  tenn  dayes  longer  they 
had  all  beene  together  by  the  eares. 

Sr  John  Yeamans  another  of  this  Assembly  I at  my  first  arrivall  re- 
solveing  to  appeare  indifferent  (making  him  a judg  of  one  of  the  Courts) 
the  last  Assembly  then  sitting  brought  an  accusation  against  him  for 
hireing  a witness  to  take  away  a man’s  life  and  made  their  request  to  me 
that  noe  such  person  might  be  employed  in  Judicature  Upon  which  I 
sent  for  Sr  John  and  advised  him  of  it  and  of  my  kindnes  to  him  and 
would  he  have  abided  test  I profered  to  stand  by  him  which  hee  refused 
and  desired  me  to  propose  another  for  which  I since  understand  he  had 
reason,  he  haveing  beene  formerly  convict  of  the  crime  and  the  man  yet 
alive  whose  life  hee  endeavoured  to  take  and  for  noe  other  reason  but 
that  he  had  a mind  to  the  other  gentleman’s  wife  His  sonne  voung 
Lieut.  Coll.  Yeamans  was  one  of  the  Assembly  the  first  day  they  sate 
told  a Judge  of  this  Island  before  much  company  that  they  (meaning 
the  Assembly)  would  call  mee  to  an  account  for  shipping  of  the  Country 
sugar  though  as  yet  I have  not  receaved  one  ounce. 

W.  WILLOUGHBY 


Bar.  July  22  ’68. 


1669. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  20.  r.  39.] 


COPY  OF  Mr  WEST’S  COMISION  AS  COMANDER  IN 

CHIEF. 


George  Duke  of  Albemarle  Cap1  Gen11  of  all  his  Majtiea  Forces,  Ed- 
ward Earl  of  Clarendon  William  Earl  of  Craven  John  Ld  Berkeley 
Anthony  Ld  Ashley  Chancellor  of  the  Exchequer  Sir  George  Carteret 
19 


178 


COLONIAL  RECORDS. 


Barron1  Vine  Chamberlain  of  His  Maj“e8  Househould  Sr  Peter  Colleton 
Barron1  A Sr  William  Berkeley  Kn‘  the  True  & Absolute  Lds  & Pro- 
prietr“  of  ye  Province  of  Carolina 

To  our  trusty  A Wellbeloved  Joseph  West  Greeting  We  doe  hereby 
constitute  A appoint  you  during  our  Pleasure  Governor  A Commander 
in  Chief  of  our  Fleet  & y®  persons  embarqued  in  it  bound  for  Carolina  or 
that  shall  embark  in  our  Fleet  before  its  arrival  in  Barbados  over  which 
you  are  to  place  officers  and  cause  them  to  be  duly  exercised  in  Amies 
and  to  do  all  A every  other  thing  or  things,  which  under  your  Charge  of 
a Commander  in  Chief  belongeth  And  wee  by  Virtue  of  His  Majties  Let- 
ters Pattents  bearing  date  at  Westminster  ve  ‘20th  of  June  in  y®  19th 
year  of  his  Reign  have  power  to  Grant  Commanding  all  infered  officers 
of  our  said  Fleet  & Forces  you  to  obey  as  their  Comander  in  Chief  ac- 
cording to  this  our  Commission  A the  Power  thereby  given  unto  you. 
And  you  yourself  also  are  to  observe  & follow  such  order  and  Direction 
as  from  time  to  time  you  shall  receive  from  us  A in  all  things  to  Govern 
yourself  as  unto  y®  duty  & place  of  a Governor  & Comander  in  Chief 
doth  belong  which  place  you  are  to  Execute  till  another  Governor  for 
that  part  of  our  province  that  lyes  to  the  Southward  or  Westward  off 
Cape  Carterett  shall  appear  Which  Comission  under  our  Hands  A Great 
Seale  of  our  Province  to  whom  you  are  then  to  submitt  A this  Comission 
to  become  voyd  to  all  intents  A purposes  given  under  our  hands  and  the 
Great  Seale  of  our  Province  this  27th  of  July  1669. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  20.  p.  33.] 


LETTER  TO  HENRY  BRAINE. 

Mr  Henry  Branie  von  are  under  theComand  of  Mr  Joseph  West  (whom 
we  have  apointed  Comdr  in  Chief  of  our  Fleet  till  their  arrival  at  Babados) 
to  saile  to  Kinsal  in  Ireland  A from  thence  to  Barbados  as  he  shall  direct 
A order  you  A when  you  are  at  Barbados  you  are  to  observe  the  orders 
of  our  Governor  for  your  proceedings  to  Port  Rovall,  and  to  return 
from  Port  Rovall  to  Barbados  or  to  Virginia  as  you  shall  be  directed  by 
Mr  John  Yeamans  Mr  Thomas  Colleton  A Mr  Kingsland  A there  take 
in  passengers  & other  fraught  for  Port  Rovall,  if  you  goto  Virginia  you 
are  to  apply  yourselfeto  Mr  William  Burgh  in  Chocatuek  creek  in  James 
River  in  whose  hands  von  shall  finde  Instructions  what  von  are  to  do  if 


COLONIAL  RECORDS. 


179 


you  come  to  Barbados  you  are  to  deliver  what  goods  you  shall  bring 
from  Port  Royall  for  the  Proprietors  ace0  to  Mr  John  Hallet  & take  his 
<&  Mr  Thomas  Colletons  Advice  for  your  proceedings  from  thence  either 
to  saltordudos  & Virginia  or  to  Virginia  directly  or  back  to  Port  Royall. 

When  you  are  at  Port  Royall  you  are  to  consult  with  Mr  West  & 
our  Governor  thereto  what  Port  you  shall  goewhen  you  goe  from  thence 
A are  to  sail  to  that  Port  that  any  two  of  you  three  shall  agree  on  all 
being  present  at  the  Consultation  if  alive. 

You  are  from  time  to  time  to  send  us  an  account  of  your  Proceedings 
what  fraught  your  ship  hath  made,  and  what  you  have  delivered  into 
the  hands  of  our  Factors  or  any  of  our  Agents. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  46.] 

AT  A MEETING  OF  THE  PROPRIATORS  OF  CAROLINA 
HELD  AT  THE  COCKPITT  THE  21st  OF 
OCTOBER  16(19. 

Present 

The  Duke  of  Albemarle 
The  Earl  of  Craven 
The  Lord  Berkeley 
The  Lord  Ashley 
Sir  George  Carterett 
Sir  Peter  Colleton 

The  Duke  of  Albemarle  was  elected  the  first  Pallatin  of  Carolina. 

The  Earle  of  Craven  the  first  High  Constable 

The  Lord  Berkeley  the  first  Chancellor 

The  Lord  Ashley  the  first  Chief  Justice 

Sir  George  Carteret  the  first  Admirall 

Sir  Peter  Colleton  the  first  High  Steward. 


1 80 


COLONIAL  RECORDS. 


1670. 

[B.  P.  R.  0.  Col:  Ent:  Book.  No.  20.  p.  47.] 


AT  A MEETING  OF  THE  PROPRIETORS  OF  CAROLINA 
AT  SIR  GEORGE  CARTERETTS  LODGINGS 
AT  WHITEHALL  THE  20th  OF 
JANUARY  1GG9.  [70] 

Present 

The  Earle  of  Craven 
The  Lord  Berkeley 
The  Lord  Ashley 
Sir  George  Carteret 
Sir  Peter  Colleton 

Sir  Tho : Clarges  for  Christopher  Duke  of  Albemarle 

George  Duke  of  Albemarle  the  first  pallatin  of  Carolina  being  dead 
The  Lord  Berkeley  being  the  eldest  in  years  of  the  surviving  proprietors 
succeeded  him  and  was  admitted  the  second  pallatin  of  Carolina. 

The  Earle  of  Craven  continued  his  place  of  Constable 
The  Lord  Ashley  continued  his  place  of  Chief  Justice 
Sir  George  Carteret  continued  his  place  of  Admirall 
Sir  Peter  Colleton  quitted  his  place  of  high  Steward  and  made  election 
of  that  of  Chancellor 

The  Duke  of  Albemarle  sent  his  Comission  to  his  Deputy  in 

Albemarle  county  by  the  tytle  of  Treasurer. 

The  Lord  Berkeley  Pallatin  comissionated  Samuell  Stephens  to  be  his 
Deputy  and  Governor  of  Albemarle. 

The  Earle  of  Craven  deputed  John  Jenkins 

The  Lord  Ashley  Mr  John  Willughby 

Sir  George  Carteret  Mr  Peter  Carteret 

Sir  Peter  Colleton  Mr  Godfry 

The  Duke  of  Albemarle  sent  a blank  to  the  Governor. 


0 


COLONIAL  RECORDS.  181 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  52.] 


INSTRUCTIONS  TO  THE  GOVERNOR  AND  COUNCELL 
OF  ALBEMARLE. 

Wee  haveing  agreed  upon  the  Modell  of  Government  herewith  sent 
you  Signed  and  Sealed  by  us  to  be  the  fundamentall  Constitutions  and 
forme  of  Government  of  our  Province  of  Carolina  for  ever  And  not 
being  able  at  present  to  putt  it  fully  in  practise  by  reason  of  the  want  of 
Landgraves  and  Cassiques  and  a sufficient  number  of  people  However 
intending  to  come  as  nigh  it  as  we  eann  in  the  present  state  of  affairs  in 
all  the  Collony  of  our  said  Province  you  are  therefore  required 

1.  As  soon  as  conveniently  you  cann  after  the  receipt  of  theise  our  In- 
structions in  our  names  to  Issue  out  writts  to  the  Power  Precincts  of  the 
County  of  Albemarle  requireing  each  of  them  to  elect  five  freeholders  to  be 
their  representatives  to  whom  the  five  persons  chosen  by  us  being  added 
and  who  for  the  present  represent  the  Nobillity  are  to  be  your  Assembly 
They  haveing  chosen  their  Speaker  you  are  in  our  names  to  require  them 
to  elect  five  persons  which  being  joyned  to  those  five  deputed  by  us  are 
to  be  your  Councell  by  whose  advice  and  consent  or  at  least  the  major 
part  of  sixe  of  them  all  being  summoned  you  are  to  governe  according 
to  the  limitations  and  Instructions  following  observing  what  cann  at 
present  be  put  in  practice  of  our  Fundamentall  Constitutions  and  forme 
of  Government  which  Councell  for  the  present  to  be  in  steed  of  the 
Grand  Councell  mentioned  in  our  fundamentall  Constitutions  and  form 
of  Government  And  exercise  the  same  powers  and  Jurisdictions  the  said 
Grand  Councell  is  to  doe  bv  vour  fundamentall  Constitutions  and  forme 
of  Government 

2.  You  are  to  cause  all  persons  soe  chosen  to  sweare  Alleageance  to  our 
Soveraigne  Lord  the  King,  and  Fidellitv  and  submission  to  the  Proprie- 
tors and  the  form  of  Government  by  them  established;  but  in  case  any 
man  for  Religion  sake  be  not  free  to  sweare  then  shall  lie  subscribe  the 
same  in  a Book  for  that  case  provided  which  shall  be  deemed  the  same 
with  swearing. 

3.  Yourselfe  and  the  five  Deputes  of  the  respective  proprietors  are  to 
represent  the  Pallatines  Court  and  exercise  the  same  Jurisdictions  and 
powers  that  by  our  fundamentall  Constitutions  and  forme  of  Government 
to  that  Court  doth  appertaine. 


182 


COLONIAL  RECORDS. 


4.  You  are  by  and  with  the  consent  of  the  Councell  to  establish  such 
Courts  and  soe  many  as  you  shall  for  the  present  think  fitt  for  the  admin- 
istration of  Justice  till  our  Grand  Modell  of  Government  cann  come  to 
be  putt  in  execution. 

5.  You  are  by  and  with  the  Consent  of  the  Assembly  to  make  such 
laws  as  you  shall  from  time  to  time  find  necessary,  which  laws  being  rat- 
tified  by  you  and  any  three  of  our  five  deputy s shall  be  in  force  as  is  in 
that  case  provided  in  the  Twelfth  and  other  Articles  of  our  fundamentall 
constitutions  and  forme  of  Government.  You  are  as  soon  as  conveniently 
you  cann  to  cause  the  Surveyor  Generali  to  divide  the  Country  into 
squares  of  12000.  acres  By  which  we  intend  not  to  alter  any  mans  Right 
but  that  those  measures  and  rules  that  We  have  agreed  on  in  our  funda- 
mentall Constitutions  and  forme  of  Government  may  the  sooner  and 
easier  come  to  be  putt  in  practice  amongst  you. 

6.  You  are  to  take  notice  that  we  doe  grant  unto  all  Free  persons  that 
doe  come  to  plant  in  Carolina  before  the  25th  of  December  1672  And  are 
above  the  age  of  sixteene  yeares,  sixty  acres  of  Land  And  to  the  said 
Free  persons  for  every  able  man  servant  with  a good  fverlocke  10lb9  of 
powder  and  twenty  pounds  of  Bullet  sixty  acres  For  every  other  sort 
of  servant  fifty  acres  And  to  each  of  the  said  servants  when  out  of 
their  time  fifty  acres  to  his  or  her  proper  use  and  behoofe  and  to  their 
heirs  &c  for  ever. 

7.  Any  person  haveing  transported  himselfe  or  servants  into  the  County 
to  plant  shall  make  the  same  appeare  to  yourselfe  and  Couneill  who 
shall  thereupon  issue  out  a warrant  to  the  Surveyor  Generali  to  lay  him 
out  a parcell  of  Land  according  to  the  Proportion  mentioned  in  theise 
our  instructions  And  the  Surveyor  haveing  done  the  same  And  the  war- 
rant with  the  Surveyor  Generali’s  returne  thereon  being  recorded  And 
the  person  to  whom  this  land  is  granted  haveing  sworne  or  subscribed 
Alleageance  to  our  Soveraigne  Lord  the  King  and  fidellity  and  submis- 
sion to  the  Lords  Proprietors  and  their  fundamentall  Constitutions  and 
forme  of  Government  You  are  under  the  Seale  for  that  use  provided  to 
passe  this  following  grant. 

John  Lord  Berkeley  of  Stratton  Lord  Lieutenant  of  the  King-dome 
of  Ireland  and  Pallatine  of  Carolina  and  the  rest  of  the  true  and  absolute 
Lords  and  Proprietors  of  Carolina  To  all  persons  to  whom  theise  pres- 
ents shall  come  greeting  in  our  Lord  God  everlasting. 

Know  yee  that  we  the  said  Lords  and  absolute  Proprietors  according 
to  our  Instructions  dated  at  Whitehall  the  day  of  January  1669 

Remaining  upon  Record  in  the  County  of  Albemarle  in  the  Province 


COLONIAL  RECORDS. 


183 


aforesaid  Doe  hereby  grant  unto  A.  B.  of  the  said  County  planter  a 
Plantation  containing  acres  of  land  English  measure  lying  and 

being  in  the  Precinct  of  A.  in  the  said  County  bounded  N the  said  Land 
being  due  to  the  said  A.  B.  by  and  for  the  transportation  into  this  County 
of  persons  whose  names  are  upon  Record  under  this  Pattent.  To  have 
and  to  hould  the  said  Plantation  unto  the  said  A.  B.  his  heirs  and  As- 
signes  forever  with  Priviledge  of  Hawking  Hunting,  Fishing  and  fowl- 
ing with  all  woods  and  trees,  with  what  else  is  there  standing,  growing 
and  being  except  all  mines,  and  mineralls,  and  all  quarrys  of  Jemins  and 
pretious  Stones.  Yeilding  and  paying  therefore  unto  us  our  Heirs  and 
Successors  yearely  every  twenty  fifth  day  of  March  according  to  the 
English  accompt  one  halfe  penny  of  lawfull  English  money  or  the  val- 
lew  thereof  for  every  of  the  said  acres  to  be  houlden  of  us  in  Free  and 
Common  Soccage  the  first  payement  of  the  Rent  to  begin  the  five  and 
twentieth  day  of  March  which  shall  be  in  the  yeare  1370  Provided 
alwaies  that  if  the  said  Land  be  not  seated  within  one  yeare  after  the 
date  hereof  then  this  Pattent  to  be  void  else  to  stand  in  full  force  Given 
at  under  the  seale  of  our  County  of  Albemarle  this 

day  of  A.  D.  1670.  Being  the  sixth  yeare  of  our  possession  of  our 
Province  of  Carolina.  Witness  Peter  Cartrett  Esq1'6  Governor  and 
Commander  in  Cheife  of  our  said  County  and  our  trusty  and  wel be- 
loved our  Councellors  who  have  hereunto  sett  their  hands  the  day  and 
yeare  above  said. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  48.] 


ACTS  OF  THE  ASSEMBLY  OF  ALBEMARLE  R ATT  I FI  ED 
AND  CONFIRMED  BY  THE  PROPRIE- 
TORS THE  20th  «J A NrT  1669  (-70). 

AN  ACT  PROHIBITING  SC  KING  OK  ANY  PERSON  WITHIN  5.  YEA  RES. 

Whereas  there  hath  not  binn  sufficient  Encouragement  hitherto  granted 
to  persons  transporting  themselves  and  Estates  into  this  County  to  plant 
or  inhabit.  For  remedy  whereof  be  it  enacted  by  the  Pallatine  and 
Lords  Proprietors  by  and  with  the  advice  and  consent  of  this  present 
grand  Assembly  and  the  authority  thereof  that  noe  person  transporting 
themselves  into  this  County  after  the  date  hereof  shall  be  lvable  to  be 
sued  during  the  terme  and  space  of  five  yeares  after  their  Arrival  for  any 


184 


COLONIAL  RECORDS. 


debt  contracted  or  cause  of  action  given  without  the  County  and  that  noe 
person  liveing  in  this  County  shall  on  any  pretence  whatsoever  receive 
any  letter  of  Attorney  Hill  or  account  to  recover  any  debt  within  the 
time  above  mentioned  of  a J)ebtor  liveing  here  with  out  the  said  Debtor 
freely  consent  to  it. 


AN  ACT  CONCERNING  MARRIAGES. 

Forasmuch  as  there  maybe  divers  people  that  are  minded  tobejoyned 
together  in  the  holy  state  of  Wedlock  and  for  that  there  is  noe  minister 
as  yet  in  this  County  by  whom  the  said  Partyes  may  be  joyned  in  Wed- 
lock according  to  the  rites  and  customs  of  our  native  Country  the  King- 
dome  of  England  that  none  may  be  hindred  from  this  soe  necessarv  a 
worke  for  the  preservation  of  Mankind  and  setlement  of  this  Countv  it 
is  enacted  And  be  it  enacted  by  the  Pallatine  and  Lords  Proprietors  of 
Carolina  by  and  with  the  advice  and  consent  of  the  Present  Grand  Assem- 
bly and  authority  thereof  that  any  two  persons  desiring  to  be  joyned  to- 
gether in  the  holy  state  of  matrimony  takeing  three  or  fower  of  their 
Neighbours  along  with  them  and  repairing  to  the  Governor  or  anv  one 
of  the  Councell  before  him  declaring  that  they  doe  joyne  together  in  the 
holy  state  of  Wedlock  And  doe  accept  one  the  other  for  man  and  wife ; 
and  the  said  Governor  or  Councellor  before  whom  such  act  is  performed 
giveing  Certificate  thereof  and  the  said  Certificate  being  registered  in  the 
Secrytary’s  Office  or  by  the  Register  of  the  Precinct  or  in  such  other 
Office  as  shall  hereafter  for  that  use  be  provided  It  shall  be  deemed  a 
Lawfull  Marriage  and  the  partyes  violating  this  Marriage  shall  be  pun- 
ishable as  if  they  had  binn  marryed  by  a minister  according  to  the  rites 
and  Customs  of  England. 


AN  ACT  CONCERNING  TRANSFERRING  OF  RIGHTS. 

There  being  divers  persons  who  resort  into  this  County  and  perhapps 
in  a short  time  leave  it  againe  yett  neverthelesse  whilst  they  are  here,  they 
make  sale  of  their  Rights  to  land  which  thing  may  prove  very  prejudi- 
ciall  to  our  Lords  Proprietors  and  to  the  speedy  setlement  of  this  County 
be  it  therefore  enacted  by  the  Pallatine  and  Lords  Proprietors  bv  and 
with  the  advice  and  consent  of  this  present  Grand  Assembly  That  noe 
person  or  persons  whatsoever  shall  make  sale  of  their  Right  or  Rights  to 
land  untill  he  hath  binn  two  compleate  years  at  least  an  inhabitant  in  the 
County. 


COLONIAL  RECORDS. 


185 


AX  ACT  EXEMPTING  NEW  COMMER.S  FROM  PAYING  LEVYS  FOR 

ONE  YEA  RE. 

Bee  it  enacted  hv  the  Pallatineand  Lords  Proprietors  and  with  the  ad- 
vice and  consent  of  the  Grand  Assembly  and  the  authority  thereof  that  anv 
person  or  persons  transporting  themselves  and  Families  into  this  Conntv 
to  plant  and  here  seat  themselves  shall  be  exempted  from  paying  lews 
for  one  whole  veare  after  their  arrival!.  Provided  always  there  be  noe 
emergent  charge  which  the  Vice  Pallatine  Counsell  and  Assembly  shall 
judge  extraordinary. 


AN  ACT  AGAINST  INGROCERS. 

Whereas  divers  adventurers  have  transported  Commodyties  into  this 
County  which  hath  binn  engrosed  by  some  particular  persons  to  retaile 
again  at  unreasonable  rates  to  the  Inhabitants  of  this  County  to  prevent 
which  inconvenience  for  the  future  It  is  enacted  and  be  it  enacted  by  the 
Pallatine  and  Proprietors  by  and  with  the  advice  and  consent  of  this 
present  Grand  Assembly  and  the  authority  thereof  that  any  person  what- 
soever within  this  County  that  shall  after  the  Publication  hereof  presume 
to  engrose  any  quantity  of  goods  from  any  adventurer  to  sell  and  retaile 
againe  at  unreasonable  rates  to  the  Inhabitants  shall  forfeit  for  every 
such  offence  tenn  thousand  pounds  of  tobacco,  the  one  halfe  to  the  in- 
former, the  other  halfe  to  the  use  of  the  Lords  Proprietors. 

And  it  is  hereby  further  declared  and  enacted  by  the  authority  afore- 
said that  any  person  or  persons  that  shall  buy  goods  of  any  Adventurer 
and  retaile  the  same  except  he  eann  in  tenn  days  produce  to  the  vallew 
of  the  said  Goods  so  purchased  of  his  owne  proper  Tobacco  or  Estate 
according  to  the  bargaine  in  kinde  he  shall  be  deemed  an  Ingrocer  and 
proceed  against  as  in  this  act  for  that  case  is  provided.  Provided  never- 
theless that  this  Act  shall  not  extend  to  the  Prohibiting  anyone  that  shall 
keep  Shopp  or  retaile  any  sorte  of  Comodytys  in  any  Towne  that  is  or 
shall  be  erected  by  the  Lords  Proprietors  or  by  their  order. 


AN  ACT  CONCERNING  DEFRAYING  THE  CHARGE  OF  THE  GOVERNOR 

AND  COUNCELIj. 

Whereas  there  hath  never  any  course  been  taken  for  the  defraying  the 
necessary  charge  of  the  Governor  and  Councell  in  time  of  Courte  And  for 
as  much  as  the  Grand  Assembly  doe  thinke  it  unreasonable  that  they 
should  spend  their  times  in  the  service  of  the  County  and  not  have  their 
20 


18(5 


COLONIAL  RECORDS. 


Charges  borne,  be  it  therefore  enacted  by  the  Pallatine  and  Proprietors 
by  and  with  the  advice  and  consent  of  this  present  Grand  Assembly  and 
the  authority  thereof  That  there  be  thirty  pounds  of  Tobacco  levyed  upon 
every  Action  that  comes  into  Courte  from  him  that  is  cast  and  that  it  be 
levyed  and  collected  bv  the  Sheriff  with  his  fees  And  disposed  of  by 
order  of  the  Governor  and  Councell  for  defraying  their  ordinary  charge. 


AN  ACT  WHAT  LAND  MEN  SHALL  HOULD  [N  ONE  DEVIDEND. 

Whereas  there  are  divers  men  that  have  right  to  great  tracts  land,  and 
not  nigh  people  enough  to  manure  and  people  the  same,  by  which  means 
the  Country  will  great  part  thereof  lye  unseated  and  unpeopled  which 
may  prove  prejudieiall  to  the  safety  and  interest  of  the  Right  Honorable 
the  Lords  Proprietors  of  the  County  For  prevention“whereof  it  is  there- 
fore enacted  and  be  it  enacted  by  the  Pallatine  and  Lords  Proprietors  by 
and  with  the  advice  and  consent  of  the  Grand  Assembly  and  authority 
thereof  that  noo  person  or  persons  whatsoever  he  be  within  this  County 
under  the  degree  of  a Proprietor,  Landgrave  or  Cassique  shall  have  Lib- 
erty for  the  space  of  five  yeares  next  ensueing  to  survey  or  ley  out  above 
six  hundred  and  sixty  acres  of  Land  in  one  devidend  that  soethe  County 
may  be  the  speedier  seated,  without  express  leave  obtained  from  the 
Lords  Proprietors. 

And  it  is  hereby  further  enacted  that  there  shall  not  bee  granted  in 
any  warrant  any  quantity  of  Land  but  what  is  allowed  according  to  the 
Quallity  of  the  right  and  is  exprest  in  the  Proprietors  Instructions,  con- 
cessions or  fundamental!  Constitutions  or  forme  of  Government. 


AN  ACT  FOR  THE  SPEEDIER  SEATING  OF  LAND. 

Whereas  there  are  severall  of  the  Inhabitants  within  this  County  that 
formerly  did  cleare  some  small  quantity  of  Land  and  build  some  houses 
thereon  which  now  have  forsaken  it  espetially  on  South  Lanchester  side 
of  the  west  of  Chowan  and  other  parts  of  the  County  And  in  as  much 
as  the  said  Land  lyes  voyd  and  implanted  which  proves  a hindrance  to 
the  Setlement  of  the  County  Be  it  therefore  enacted  by  the  Pallatine  and 
Lords  Proprietors  by  and  with  the  advice  and  consent  of  this  present 
Grand  Assembly  and  the  authority  thereof  That  if  any  person  or  per- 
sons that  have  bestowed  any  Labour  as  above  said  on  any  Land  within 
the  County  shall  not  repaire  to  it  and  seat  the  same  within  sixe  months 
after  the  publication  hereof  that  then  it  shall  and  may  be  lawfull  for  the 
Governor  and  Councell  to  lett  it  out  to  any  other  person  to  doe  it  The 


COLONIAL  RECORDS. 


187 


party  to  whom  it  i.s  soe  lett  out  paying  to  the  first  labourer  so  much  as 
it  shall  be  adjudged  by  fower  honest  men  to  be  worth. 


AN  ACT  PROHIBITING  STRANGERS  TRADING  WITH  THE  INDIANS. 

For  as  much  as  there  is  often  recourse  of  Strangers  from  other  parts 
into  this  County  to  truck  and  trade  with  the  Indians  which  is  conceived 
may  prove  very  prejudicial]  Wherefore  be  it  enacted  by  the  Pallatine  and 
Lords  Proprietors  by  and  with  the  advice  and  consent  of  the  Grand  As- 
sembly and  the  authority  thereof  that  if  any  person  or  persons  of  what 
quallity  or  Condition  soever  they  be  shall  presume  to  come  into  this 
County  to  truck  or  trade  with  any  of  our  neighbouring  Indians  belong- 
ing to  the  County  or  that  shall  be  found  to  have  any  Indian  trade  pur- 
chased from  them  or  being  found  or  appearing  that  they  come  to  trade 
with  any  Indians  as  aforesaid  Whether  in  their  Townes  or  elsewhere 
within  the  County  which  is  hereby  left  for  the  Magistrate  to  judge  it 
shall  bee  lawfull  for  any  person  or  persons  to  apprehend  any  such  per- 
sons or  Forreigners  that  shall  be  found  amongst  the  Indians  or  elsewhere 
within  the  li mitts  of  the  County  and  him  or  them  bring  before  the  Gov- 
ernor or  any  one  of  the  Councell  who  shall  hereby  have  power  to  comitt 
them  to  prison  there  to  abide  till  they  have  paid  tenn  thousand  pounds 
of  tobacco  and  easke  otherwise  to  stand  to  the  censure  of  the  Vice  Palla- 
tine and  Councell  And  it  is  further  declared  that  whatsoever  Trade  is 
found  with  the  person  apprehended  One  halfe  thereof  and  one  halfe  of 
the  fine  shall  belong  to  the  Apprehendor  and  the  other  halfe  to  the  Lords 
Proprietors. 

The  fore  going  Acts  weare  past  againe  the  Lr)th  of  October  and  sent 
per  Mr  Nixon. 


[Reprinted  from  Revised  Statutes  of  North  Carolina,  Vol.  IT,  Page  449.] 


THE  FUNDAMENTAL  CONSTITUTIONS  OF  CAROLINA, 
DRAWN  UP  BY  JOHN  LOCKE,  MARCH  1,  1669. 

(See  Locke’s  Works,  8th  edition,  volume  10,  page  175.) 

Our  sovereign  Lord  the  King,  having  out  of  his  royal  grace  and  bounty, 
granted  unto  us  the  Province  of  Carolina,  with  all  the  royalties,  proper- 
ties, jurisdictions  and  priviledges  of  a County  Palatine,  as  large  and 
ample  as  the  County  Palatine  of  Durham,  with  other  great  Priviledges; 


188 


COLONIAL  RECORDS. 


lor  the  better  settlement  of  the  government  of  the  said  place,  and  estab- 
lishing' the  interest  of  the  Lords  Proprietors  with  equality,  and  without 
confusion;  and  that  the  government  of  this  Province  may  be  made  most 
agreeable  to  the  Monarchy  under  which  we  live,  and  of  which  this  Prov- 
ince is  a part;  and  that  we  may  avoid  erecting  a numerous  democracy: 
AVc,  the  Lords  and  proprietors  of  the  Province  aforesaid,  have  agreed 
to  this  following  form  of  government,  to  be  perpetually  established 
amongst  us,  unto  which  we  do  oblige  ourselves,  our  heir.-?  and  successors, 
in  the  most  binding  ways  that  can  be  devised. 

1st.  The  eldest  of  the  Lords  Proprietors  shall  be  Palatine;  and  upon 
the  decease  of  the  Palatine  the  eldest  of  the  seven  surviving  proprietors 
shall  always  succeed  him. 

2d.  There  shall  be  seven  other  chief  officers  erected,  viz.  the  Admirals, 
Chamberlains,  Chancellors,  Constables,  Chief  Justices,  High  Stewards 
and  Treasurers ; which  places  shall  be  enjoyed  by  none  but  the  Lords 
Proprietors,  to  be  assigned  at  first  by  lot;  and  upon  the  vacancy  of  any 
one  of  the  seven  great  offices,  by  death  or  otherwise,  the  eldest  proprietor 
shall  have  his  choice  of  the  said  place. 

3d.  The  whole  Province  shall  be  divided  into  Counties;  each  county 
shall  consist  of  eight  signories,  eight  baronies  and  four  precincts;  each 
precinct  shall  consist  of  six  colonies. 

4th.  Each  signorv,  barony,  and  colony,  shall  consist  of  twelve  thou- 
sand acres,  the  eight  signories  being  the  share  of  the  eight  proprietors, 
and  the  eight  baronies  of  the  nobility;  both  which  shares, Joeing  each  of 
them  one  fifth  of  the  whole,  are  to  be  perpetually  annexed,  the  one  to  the 
proprietors  and  the  other  to  the  hereditary  nobility ; leaving  the  colonies, 
being  three  fifths,  amongst  the  people;  so  that  in  setting  out  and  plant- 
ing the  lands,  the  balance  of  the  government  may  be  preserved. 

5th.  At  any  time  before  the  year  one  thousand,  seven  hundred  and  one, 
any  of  the  lords  proprietors  shall  have  power  to  relinquish,  alienate  and 
dispose  to  any  other  person,  his  proprietorship,  and  all  the  signories, 
powers,  and  interest,  thereunto  belonging,  wholly  and  inti  roly  together, 
and  not  otherwise.  But  after  the  year  one  thousand,  seven  hundred, 
those  who  are  then  Lords  Proprietors,  shall  not  have  power  to  alienate, 
or  make  over  their  proprietorship,  with  the  signories  and  priviledges 
thereunto  belonging  or  any  part  thereof  to  any  person  whatsoever,  other- 
wise than  in  section  18th;  but  it  shall  all  descend  unto  their  heirs  male; 
and  for  want  of  heirs  male,  it  shall  descend  on  that  Landgrave,  or  Ca- 
sique,  of  Carolina,  who  is  descended  of  the  next  heirs  female  of  the  pro- 
prietor; and  for  want  of  such  heirs,  it  shall  descend  on  the  next  heir 


COLONIAL  RECORDS. 


189 


general ; and  for  want  of  such  heirs,  the  remaining  seven  proprietors 
shall  upon  the  vacancy,  choose  a Landgrave  to  succeed  the  deceased  pro- 
prietors, who  being  chosen  by  the  majority  of  the  seven  surviving  pro- 
prietors, he  and  his  heirs,  successively,  shall  be  proprietors,  as  fully,  to 
all  intents  and  purposes,  as  anv  of  the  rest. 

6th.  That  the  number  of  eight  proprietors  may  be  constantly  kept ; if 
upon  the  vacancy  of  any  proprietorship,  the  seven  surviving  proprietors 
shall  not  choose  a Landgrave  to  be  a proprietor,  before  the  second  bien- 
nial parliament  after  the  vacancy,  then  the  next  biennial  parliament  but 
one,  after  such  vacancy  shall  have  power  to  choose  any  Landgrave  to  be 
a proprietor. 

7th.  Whosoever  after  the  year  one  thousand  seven  hundred,  either  by 
inheritance  or  choice,  shall  succeed  any  proprietor  in  his  proprietorship 
and  signories  thereunto  belonging,  shall  be  obliged  to  take  the  name  and 
arms  of  that  proprietor  whom  he  succeeds,  which  from  thenceforth  shall 
be  the  name  and  arms  of  his  family  and  their  posterity. 

8th.  Whatsoever  Landgrave  or  Casique  shall  any  way  come  to  be  a 
proprietor,  shall  take  the  signories  annexed  to  the  said  proprietorship: 
but  his  former  dignity,  with  the  baronies  annexed,  shall  devolve  into  the 
hands  of  the  Lords  Proprietors. 

9th.  There  shall  be  just  as  many  Landgraves  as  there  are  counties, 
and  twice  as  many  Casiques,  and  no  more.  These  shall  be  the  hereditary 
nobility  of  the  Province,  and  by  right  of  their  dignity  be  members  of 
parliament.  Each  Landgrave  shall  have  four  baronies,  and  each  Casique 
two  baronies,  hereditarily  and  unalterably  annexed  to  and  settled  upon 
the  said  dignity. 

10th.  The  first  Landgraves  and  Casiques,  of  the  twelve  first  counties 
to  be  planted,  shall  be  nominated  thus,  that  is  to  say,  of  the  twelve 
Landgraves,  the  Lords  Proprietors  shall  each  of  them  separately  for 
himself,  nominate  and  choose  one;  and  the  remaining  four  Landgraves  of 
the  first  twelve  shall  be  nominated  and  chosen  by  the  Palatine’s  court.  In 
like  manner  of  the  twentyfour  first  Casiques,  each  proprietor  for  himself 
shall  nominate  and  choose  two,  and  the  remaining  eight  shall  be  nomi- 
nated and  chosen  by  the  palatine’s  court ; and  when  the  twelve  first  coun- 
ties shall  be  planted,  the  Lords  Proprietors  shall  again,  in  the  same  man- 
ner, nominate  and  choose  twelve  more  Landgraves,  and  twentyfour  more 
Casiques,  tor  the  next  twelve  counties  to  be  planted;  that  is  to  say,  two 
thirds  of  each  number,  by  the  single  nomination  of  each  proprietor  for 
himself,  and  the  remaining  third  by  the  joint  election  of  the  palatine’s 
court ; and  so  proceed  in  the  same  manner,  till  the  whole  province  of 


1 !)<) 


COLONIAL  RECORDS. 


Carolina  be  set  out  and  planted,  according  to  the  proportions  in  these  fun- 
damental constitutions. 

11th.  Any  Landgrave  or  Casique,  at  any  time  before  the  year  one 
thousand  seven  hundred  and  one,  shall  have  power  to  alienate,  sell  or 
make  over  to  any  other  person,  his  dignity,  with  the  baronies  thereunto 
belonging,  all  inti  rely  together;  but  after  the  year  one  thousand,  seven 
hundred,  no  Landgrave  or  Casique  shall  have  power  to  alienate,  sell, 
make  over,  or  let  the  hereditary  baronies  of  his  dignity,  or  any  part 
thereof,  otherwise  than  as  in  section  18th;  but  they  shall  all  intirely, 
with  the  dignity  thereunto  belonging,  descend  unto  his  heirs  male;  and 
for  want  of  heirs  male,  all  intirely  and  undivided,  to  the  next  heir  gen- 
eral ; and  for  want  of  such  heirs  shall  devolve  into  the  hands  of  the 
Lords  proprietors. 

12th.  That  the  due  number  of  Landgraves  and  Casiques,  may  be 
always  kept  up;  if  upon  the  devolution  of  any  landgraveship,  or 
Casiqueship,  the  palatine’s  court  shall  not  settle  the  devolved  dignity, 
with  baronies  thereunto  annexed,  before  the  second  biennial  parliament, 
after  such  devolution,  the  next  biennial  parliament  but  one,  after  such 
devolution,  shall  have  power  to  make  any  one  landgrave  or  casique,  in 
the  room  of  him  who  dying  without  heirs,  his  dignity  and  baronies 
devolved. 

13th.  No  one  person  shall  have  more  than  onedignity,  with  the  signiories 
or  baronies  thereunto  belonging.  But  whensoever  it  shall  happen,  that 
any  one  who  is  already  Proprietor,  Landgrave,  or  Casique,  shall  have  any 
of  these  dignities  descend  to  him  bv  inheritance,  it  shall  be  at  his  choice 
to  keep  which  of  the  dignities,  with  the  lands  annexed,  he  shall  like  best; 
but  shall  leave  the  other,  with  the  lands  annexed,  to  be  enjoyed  by  him, 
who  not  being  his  heir  apparent,  and  certain  successor  to  his  present  dig- 
nity, is  next  of  blood. 

14th.  Whosoever  by  right  of  inheritance,  shall  come  to  be  Landgrave 
or  Casique,  shall  take  the  name  and  arms  of  his  predecessor  in  that  dig- 
nity, to  be  from  thenceforth  the  name  and  arms  of  his  family  and  their 
posterity. 

loth.  Since  the  dignity  of  Proprietor,  Landgrave  or  Casique,  cannot 
be  divided,  and  the  signiories  or  baronies,  thereunto  annexed,  must  for- 
ever all  intirely  descend  with  and  accompany  that  dignity;  whensoever 
for  want  of  heirs  male,  it  shall  descend  on  the  issue  female,  the  eldest 
daughter  and  her  heirs  shall  be  preferred,  and  in  the  inheritance  of  those 
dignities,  and  in  the  signiories  or  baronies  annexed,  there  shall  be  no  co- 
heirs. 


COLONIAL  RECORDS. 


191 


16th.  In  every  signiory,  barony,  and  manor,  the  respective  Lord  shall 
have  power  in  his  own  name  to  hold  court  leet  there,  for  trying  of  all 
causes,  both  civil  and  criminal ; but  where  it  shall  concern  any  person 
being  no  inhabitant,  vassal,  or  leet  man,  of  the  said  signiory,  barony  or 
manor,  he  upon  paying  down  of  forty  shillings,  for  the  Lords  Proprie- 
tors’ use,  shall  have  an  appeal  from  the  signiory,  or  barony  court,  to  the 
county  court,  and  from  the  manor  court  to  the  precinct  court. 

17th.  Every  manor  shall  consist  of  not  less  than  three  thousand  acres, 
and  not  above  twelve  thousand  acres,  in  one  intire  piece  and  colony;  but 
any  three  thousand  acres  or  more,  in  one  piece,  and  the  possession  of  one 
man,  shall  not  be  a manor,  unless  it  be  constituted  a manor  by  the  grant 
of  the  palatine’s  court. 

18th.  The  Lords  of  signiories  and  baronies,  shall  have  power  only  of 
granting  estates  not  exceeding  three  lives,  or  twentyone  years,  in  two 
thirds  of  the  said  signiories,  or  baronies,  and  the  remaining  third  shall  be 
always  demesne. 

19th.  Any  Lord  of  a manor,  may  alienate,  sell,  or  dispose  to  anv  other 
person  and  his  heirs  forever,  his  manor  all  intirely  together,  with  all  the 
priviledges  and  leet  men,  thereunto  belonging,  so  far  forth  as  any  colony 
lands;  but  no  grant  of  any  part  thereof,  either  in  fee  or  for  any  longer 
term  than  three  lives,  or  one  and  twenty  years,  shall  be  .good  against  the 
next  heir. 

20th.  No  manor,  for  want  of  issue  male,  shall  be  divided  amongst  co- 
heirs; but  the  manor,  if  there  be  but  one,  shall  all  intirely  descend  to  the 
eldest  daughter  and  her  heirs.  If  there  be  more  manors  than  one,  the 
eldest  daughter  first  shall  have  her  choice,  the  second  next,  and  so  on, 
beginning  again  at  the  eldest  until  all  the  manors  betaken  up;  that  so 
the  priviledges  which  belong  to  manors,  being  indivisible,  the  lands  of 
the  manors,  to  which  they  are  annexed,  may  be  kept  intire,  and  the  manor 
not  lose  those  priviledges,  which  upon  parcelling  out  to  several  owners 
must  necessarily  cease. 

21st.  Every  Lord  of  a manor,  within  his  own  manor,  shall  have  all 
the  powers,  jurisdictions  and  priviledges,  which  a Landgrave  or  Casique 
hath  in  his  baronies. 

22d.  In  every  signiory,  barony  and  manor,  all  the  leet  men  shall  lie 
under  the  jurisdiction  of  the  respective  Lords  of  the  said  signiory,  barony 
or  manor,  without  appeal  from  him.  Nor  shall  any  leet  man,  or  leet 
woman  have  liberty  to  go  oil’  from  the  land  of  their  particular  Lord  and 
live  any  where  else,  without  license  obtained  from  their  said  Lord,  under 
hand  and  seal. 


COLONIAL  RECORDS. 


1 5)2 


23d.  All  the  children  of  leet  men,  shall  he  leet  men,  and  so  to  all  gen- 
erations. 

24th.  No  man  shall  he  capable  of  having  a court  leet,  or  leet  men,  hut 
a Proprietor,  Landgrave,  Oasiqne,  or  Lord  of  a manor. 

2oth.  Whoever  shall  voluntarily  enter  himself  a leet  man,  in  the  reg- 
istry of  the  county  court,  shall  he  a leet  man. 

2(ith.  Whoever  is  Lord  of  leet  men,  shall  upon  the  marriage  of  a leet 
man,  or  leet  woman  of  his,  give  them  ten  acres  of  land,  for  their  lives, 
they  paying  to  him  therefore,  not  more  than  one  eighth  part  of  all  the 
yearly  produce  and  growth  of  the  said  ten  acres. 

27th.  No  Landgrave  or  Casique,  shall  he  tried  for  any  criminal  cause, 
in  any  hut  the  Chief-justice’s  court,  and  that  by  a jury  of  his  peers. 

28th.  There  shall  he  eight  supreme  Courts.  The  first  called  the  pal- 
atine’s court,  consisting  of  the  Palatine  and  the  other  seven  Proprietors. 
The  other  seven  courts,  of  the  other  seven  great  officers,  shall  consist 
each  of  them  of  a Proprietor,  and  six  counsellors  added  to  him.  Under 
each  of  these  latter  seven  courts,  shall  he  a college  of  twelve  assistants. 
The  twelve  assistants  of  the  several  colleges,  shall  he  chosen,  two  out  of  the 
Landgraves,  Casiques,  or  eldest  sons  of  the  Proprietors,  by  the  palatine’s 
court:  two  out  of  the  Landgraves,  by  the  Landgraves’  chamber;  two 
out  of  the  Casiques,  by  the  Casiques’  chamber;  four  more  of  the  twelve 
shall  be  chosen  by  the  Common’s  chamber,  out  of  such  as  have  been  or 
are  members  of  parliament,  sheriffs,  or  justices  of  the  county  court,  or 
the  younger  sons  of  Proprietors,  or  the  eldest  sons  of  Landgraves  or 
Casiques;  the  two  others  shall  he  chosen  by  the  Palatine’s  court,  out  of 
the  same  sort  of  persons  out  of  which  the  common’s  chamber  is  to  choose. 

29th.  Out  of  these  colleges,  shall  he  chosen  at  first  hv  the  palatine’s 
court,  six  counsellors  to  he  joined  with  each  Proprietor  in  his  court;  of 
which  six,  one  shall  he  of  those,  who  were  chosen  into  any  of  the  col- 
leges by  the  palatine’s  court,  out  of  the  Landgraves,  Casiques,  or  eldest 
sons  of  Proprietor’s;  one,  out  of  those  who  were  chosen  by  the  Land- 
grave’s chamber;  one,  out  of  those  who  were  chosen  by  the  Casique’s 
chamber;  two,  out  of  those  who  were  chosen  by  the  Common’s  chamber : 
and  one  out  of  those  who  were  chosen  by  the  Palatine’s  court,  out  of  the 
Proprietor’s  younger  sons,  or  eldest  sons  of  Landgraves,  Casiques,  or 
Commons  qualified  as  aforesaid. 

30th.  When  it  shall  happen  that  any  counsellor  dies,  and  thereby  there 
is  a vacancy;  the  grand  council  shall  have  power  to  remove  any  counsel- 
lor that  is  willing  to  be  removed  out  of  any  of  the  Proprietor’s  courts, 
to  fill  up  the  vacancy,  provided  they  take  a man  of  the  same  degree  and 


COLONIAL  RECORDS. 


193 


choice  the  other  was  of,  whose  place  is  to  be  tilled  up.  But  if  no  coun- 
sellor consent  to  be  removed,  or  upon  such  remove  the  last  remaining 
vacant  place,  in  any  of  the  Proprietor’s  courts,  shall  be  til  led  up  by  tlu: 
choice  of  the  grand  council,  who  shall  have  power  to  remove  out  of  any 
of  the  colleges,  any  assistant  who  is  of  the  same  degree  alid  choice  that 
counsellor  was  of,  into  whose  vacant  place  he  is  to  succeed.  The  grand 
counsil  also,  have  power  to  remove  any  assistant,  that  is  willing,  out  of 
one  college  into  another,  provided  he  be  of  the  same  degree  and  choice. 
But  the  last  remaining  vacant  place  in  any  college,  shall  be  filled  up  by 
the  same  choice,  and  out  of  the  same  degree  of  persons  the  assistant  was 
of,  who  is  dead  or  removed.  No  place  shall  be  vacant  in  any  Proprie- 
tor’s court  above  six  months.  No  place  shall  be  vacant  in  any  college, 
longer  than  the  next  session  of  parliament. 

31st.  No  man  being  a member  of  the  grand  council,  or  of  any  of  the 
seven  colleges,  shall  be  turned  out,  but  for  misdemeanour,  of  which  the 
grand  council  shall  be  judge;  and  the  vacancy  of  the  person  so  put  out, 
shall  be  filled,  not  by  the  election  of  the  grand  council,  but  by  those  who 
first  chose  him,  and  out  of  the  same  degree  he  was  of,  who  is  expelled. 
But  it  is  not  hereby  to  be  understood,  that  the  grand  council  hath  any 
power  to  turn  out  any  one  of  the  Lords  Proprietors,  or  their  deputies ; 
the  Lords  Proprietors  having  in  themselves,  an  inherent  original  right. 

32d.  All  elections  in  the  parliament,  in  the  several  chambers  of  the 
parliament,  and  in  the  grand  council,  shall  be  passed  by  balloting. 

33d.  The  Palatine’s  court  shall  consist  of  the.  palatine,  and  seven  Pro- 
prietors, wherein  nothing  shall  be  acted  without  the  presence  and  consent 
of  the  Palatine  or  his  deputy,  and  three  other  of  the  Proprietors  or  their 
deputies.  This  court  shall  have  power  to  call  Parliaments,  to  pardon  all 
offences,  to  make  elections  of  all  officers  in  the  Proprietor’s  dispose,  and 
to  nominate  and  appoint  port  townes;  and  also  shall  have  power  by 
their  order  to  the  treasurer,  to  dispose  of  all  public  treasure,  excepting 
money  granted  bv  the  Parliament,  and  by  them  directed  to  some  partic- 
ular public  use;  and  shall  also  have  a negative  upon  all  acts,  orders,  votes 
and  judgments  of  the  grand  council  and  the  parliament,  except  only  as 
in  Six-.  6th  and  Pith,  and  shall  have  all  the  powers  granted  to  the  Lords 
Proprietors,  by  their  patent  from  our  sovereign  lord  the  king,  except  in 
such  things  as  are  limited  by  these  fundamental  constitutions. 

34th.  The  Palatine  himself,  when  he  in  person  shall  be  either  in  the 
army,  or  any  of  the  Proprietor’s  courts,  shall  then  have  the  power  of 
general,  or  of  that  Proprietor  in  whose  court  he  is  then  present,  and  the 


104 


COLONIAL  RECORDS. 


Proprietor  in  whose  court  the  Palatine  then  presides,  shall  during  his 
presence  there,  be  but  as  one  of  the  council. 

35th.  The  chancellor’s  court,  consisting  of  one  of  the  Proprietors,  and 
his  six  counsellors,  who  shall  be  called  vice  chancellors,  shall  have  the 
custody  of  the  seal  of  the  Palatine,  under  which  charters  of  lands  or 
otherwise,  commissions  and  grants  of  the  Palatine’s  court,  shall  pass. 
And  it  shall  not  be  lawful  to  put  the  seal  of  the  Palatinate  to  any  writ- 
ing, which  is  not  signed  by  the  Palatine  or  his  deputy,  and  three  other 
Proprietors  or  their  deputies.  To  this  court  also  belong  all  state  matters, 
despatches,  and  treaties  with  the  neighbour  Indians.  To  this  court  also 
belong  all  invasions  of  the  law,  of  liberty,  of  conscience,  and  all  inva- 
sions of  the  public  peace,  upon  pretence  of  religion,  as  also  the  license 
of  printing.  The  twelve  assistants  belonging  to  this  court,  shall  be 
called  recorders. 

36th.  Whatever  passes  under  the  seal  of  the  Palatinate,  shall  be 
registered  in  that  proprietor’s  court  to  which  the  matter  therein  contained, 
belongs. 

37th.  The  Chancellor  or  his  deputy,  shall  be  always  speaker  in  Par- 
liament, and  president  of  the  grand  council,  and  in  his  and  his  deputy’s 
absence,  one  of  the  vice  chancellors. 

38th.  The  Chief  Justice’s  Court  consisting  of  one  of  the  proprietors 
and  six  counsellors,  who  shall  be  called  justices  of'  the  bench,  shall  judge 
all  appeals  in  cases  both  civil  and  criminal,  except  all  such  cases  as  shall 
be  under  the  jurisdiction  and  cognizance  of  any  other  of  the  Proprietor’s 
courts,  which  shall  be  tried  in  those  courts  respectively.  The  govern- 
ment and  regulation  of  registries  of  writings  and  contracts,  shall  belong 
to  the  jurisdiction  of  this  court.  The  twelve  assistants  of  this  court, 
shall  be  called  masters. 

39th.  The  Constable’s  Court,  consisting  of  one  of  the  Proprietors  and 
his  six  counsellors,  who  shall  be  called  Marshalls  shall  order  and  deter- 
mine of  all  military  affairs  bv  land,  and  all  land  forces,  arms,  ammuni- 
tion, artillery,  garrisons  and  forts,  &e.  and  whatever  belongs  unto  war. 
I Tis  twelve  assistants  shall  be  called  Lieutenant  Generals. 

40th.  In  time  of  actual  war,  the  Constable  while  he  is  in  the  army, 
shall  be  general  of  the  army;  and  the  six  Counsellors,  or  such  of  them 
as  the  Palatine’s  Court  shall  for  that  time  or  service  appoint,  shall  be  the 
immediate  great  officers  under  him,  and  the  Lieutenant  Generals  next  to 
them. 

41st.  The  Admiral’s  Court,  consisting  of  one  of  the  Proprietors,  and 
his  six  Counsellors,  called  Consuls,  shall  have  the  care  and  inspection 


COLONIAL  RECORDS. 


195 


over  all  ports,  moles,  and  navigable  rivers  so  far  as  the  tide  flows,  and 
also  all  the  public  shipping  of  Carolina,  and  stores  thereunto  belonging, 
and  all  maritime  affairs.  This  court  also  shall  have  the  power  of  the 
court  of  admiralty ; and  shall  have  power  to  constitute  Judges  in  port 
towns,  to  try  cases  belonging  to  law-merchant,  as  shall  be  most  conven- 
ient for  trade.  The  twelve  assistants  belonging  to  this  court,  shall  be 
called  proconsuls. 

42d.  In  time  of  actual  war,  the  admiral  whilst  he  is  at  sea,  shall  com- 
mand in  chief,  and  his  six  counsellors,  or  such  of  them  as  the  Palatine’s 
Court  shall  for  that  time  or  service  appoint,  shall  be  the  immediate  great 
officers  under  him,  and  the  proconsuls  next  to  them. 

43d.  The  treasurer’s  court,  consisting  of  a proprietor  and  his  six  coun- 
sellors, called  under  treasurers,  shall  take  care  of  all  matters  that  concern 
the  public  revenue  and  treasury.  The  twelve  assistants  shall  be  called 
Auditors. 

44th.  The  high  Steward’s  Court,  consisting  of  a proprietor  and  his  six 
counsellors,  called  comptrollers,  shall  have  the  care  of  all  foreign  and 
domestic  trade,  manufactures,  public  buildings,  work  houses,  highways, 
passages  by  water  above  the  flood  of  the  tide,  drains,  sewers,  and  banks 
against  inundations,  bridges,  posts,  carriers,  fairs,  markets,  corruption  or 
infection  of  the  common  air  or  water,  and  all  things  in  order  to  the  pub- 
lic commerce  and  health;  also,  setting  out  and  surveying  of  lands;  and 
also  setting  out  and  appointing  places  for  towns  to  be  built  on,  in  the 
precincts,  and  the  prescribing  and  determining  the  figure  and  bigness  of 
the  said  towns  according  to  such  models  as  the  said  courts  shall  order; 
contrary  or  differing  from  which  models,  it  shall  not  be  lawful  for  any  one 
to  build  in  any  town.  This  court  shall  have  power  also  to  make  any 
public  building,  or  any  new  highway,  or  enlarge  any  old  highway  upon 
any  man’s  land  whatsoever;  as  also  to  make  cuts,  channels,  banks,  locks 
and  bridges  for  making  rivers  navigable,  or  for  draining  fens,  or  any 
other  public  use.  The  damage  the  owner  of  such  lands  (on  or  through 
which  any  such  public  things  shall  be  made)  shall  receive  thereby,  shall 
be  valued,  and  satisfaction  made,  by  such  ways  as  the  grand  council  shall 
appoint.  The  twelve  assistants  belonging  to  this  court  shall  be  called 
surveyors. 

45th.  The  Chamberlain’s  Court,  consisting  of  a Proprietor  and  six 
Counsellors,  called  vice  chamberlains,  shall  have  the  care  of  all  cere- 
monies, precedency,  heraldry,  reception  of  public  messengers,  pedigrees, 
the  registry  of  all  births,  burials  and  marriages,  legitimation,  and  all  cases 
concerning  matrimony,  or  arising  from  it,  and  shall  also  have  power  to 


COLONIAL  RECORDS. 


1 96 


regulate  all  fashions,  habits,  badges,  games  and  spurts.  To  this  Court  it 
shall  also  belong,  to  oonvocate  the  grand  council.  The  twelve  assistants 
belonging  to  this  Court,  shall  be  called  Provosts. 

46th.  All  causes  belonging  to,  or  under  the  jurisdiction  of  any  of  the 
Proprietor’s  Courts,  shall  in  them  respectively  be  tried,  and  ultimately 
determined,  without  any  further  appeal. 

47th.  The  Proprietor’s  Courts  shall  have  a power  to  mitigate  all  fines, 
and  suspend  all  execution  in  criminal  causes,  either  before  or  after  sen- 
tence, in  any  of  the  other  inferior  courts  respectively. 

48th.  In  all  debates,  hearings  or  trials  in  any  of  the  Proprietor’s 
Courts,  the  twelve  assistants  belonging  to  the  said  courts  respectively, 
shall  have  liberty  to  be  present,  but  shall  not  interpose  unless  their  opin- 
ions be  required,  nor  have  any  vote  at  all;  but  their  business  shall  be,  by 
the  direction  of  the  respective  courts,  to  prepare  such  business  as  shall  be 
committed  to  them;  as  also  to  bear  such  offices,  and  dispatch  such  affairs, 
either  where  the  court  is  kept,  or  elsewhere,  as  the  court  shall  think  fit. 

49th.  In  all  the  Proprietor’s  Courts,  the  Proprietor  and  any  three  of 
his  Counsellors  shall  make  a quorum;  provided  always,  that  for  the  bet- 
ter despatch  of  business,  it  shall  be  in  the  power  of  the  Palatine’s  Court 
to  direct  what  sort  of  causes  shall  be  heard  and  determined  by  a quorum 
of  any  three. 

50th.  The  grand  council  shall  consist  of  the  Palatine  and  seven  Pro- 
prietors, and  the  fortvtwo  Counsellors  of  the  several  Proprietor’s  Courts, 
who  shall  have  power  to  determine  any  controversy  that  may  arise  be- 
tween anv  of  the  Proprietor’s  Courts,  about  their  respective  jurisdictions,  or 
between  the  members  of  the  same  court,  about  their  manner  and  methods 
of  proceedings;  to  make  peace  and  war,  leagues,  treaties,  &c.,  with 
any  of  the  neighbour  Indians;  to  issue  out  their  general  orders  to  the 
Constable’s  and  Admiral’s  Courts,  for  the  raising,  disposing,  or  disband- 
ing the  forces,  by  land  or  by  sea. 

51st.  The  grand  council  shall  prepare  all  matters  to  be  proposed  in 
Parliament.  Nor  shall  any  matter  whatsoever,  be  proposed  in  Parlia- 
ment, but  what  has  first  passed  the  grand  council;  which  after  having 
been  read,  three  several  days  in  the.  Parliament,  shall  by  majority  of 
votes,  be  passed  or  rejected. 

52d.  The  grand  council  shall  always  be  judges  of  all  causes  and  ap- 
peals that  concern  the  Palatine,  or  any  of  the  Lords  Proprietors,  or  any 
Counsellor  of'  any  Proprietor’s  Court,  in  any  cause  which  should  other- 
wise have  been  tried  in  the  court  of  which  the  said  Counsellor  is  Judge 
himself. 


COLONIAL  RECORDS. 


197 


53d.  The  grand  council  by  their  warrants  to  the  Treasurer’s  Court, 
shall  dispose  of  all  the  money  given  by  the  Parliament,  and  by  them 
directed  to  any  particular  public  use. 

54th.  The  quorum  of  the  grand  council  shall  be  thirteen,  whereof  a 
Proprietor  or  his  deputy  shall  be  always  one. 

55th.  The  grand  council  shall  meet  the  first  Tuesday  in  every  month, 
and  as  much  oftener  as  either  they  shall  think  fit,  or  they  shall  be  eonvo- 
cated  by  the  Chamberlain’s  Court. 

56th.  The  Palatine,  or  any  of  the  Lords  Proprietors,  shall  have  power, 
under  hand  and  seal,  to  be  registered  in  the  grand  council,  to  make 
a deputy,  who  shall  have  the  same  power  to  all  intents  and  purposes,  as 
he  himself,  who  deputes  him;  except  in  confirming  acts  of  Parliament  as 
in  Sec.  76th,  and  except  also  in  nominating  and  choosing  Landgraves 
and  Casiques,  as  in  Sec.  10th.  All  such  deputations,  shall  cease  and  de- 
termine at  the  end  of  four  years,  and  at  any  time  shall  be  revocable,  at 
the  pleasure  of  the  deputator. 

57th.  No  deputy  of  any  Proprietor  shall  have  any  power,  whilst  the 
deputator  is  in  any  part  of  Carolina,  except  the  Proprietor,  whose  deputy 
he  is,  be  a minor. 

58th.  During  the  minority  of  any  Proprietor,  his  guardian  shall  have 
power  to  constitute  and  appoint  his  deputy. 

59th.  The  eldest  of  the  Lords  Proprietors  who  shall  be  personally  in 
Carolina,  shall  of  course  be  the  Palatine’s  deputy,  and  if  no  proprietor 
be  in  Carolina,  he  shall  choose  his  deputy  out  of  the  heirs  apparent  of 
any  of  the  Proprietors,  if  any  such  be  there;  and  if  there  be  no  heir  appa- 
rent of  any  of  the  Lords  Proprietors,  above  one  and  twenty  rears  old  in 
Carolina,  then  he  shall  choose  for  deputy,  any  one  of  the  Landgraves  of  the 
grand  council;  till  he  have  by  deputation  under  hand  and  seal,  chosen 
any  one  of  the  fore-mentioned  heirs  apparent,  or  Landgraves,  to  be  his 
deputy,  the  eldest  man  of  the  Landgraves,  and  for  want  of  a Landgrave, 
the  eldest  man  of  the  Casiques,  who  shall  be  personally  in  Carolina, 
shall  of  course  be  his  deputy. 

60th.  Each  Proprietor’s  deputy,  shall  be  always  one  of  his  six  Coun- 
sellors respectively;  and  in  case  any  of  the  Proprietors  hath  not,  in  his 
absence  out  of  Carolina,  a deputy,  commissioned  under  his  hand  and  seal, 
the  eldest  nobleman  of  his  court,  shall  of  course  be  his  deputy. 

61st.  In  every  county,  there  shall  be  a court  consisting  of  a sheriff, 
and  four  Justices  of  the  county,  for  every  precinct,  one.  The  Sheriff 
shall  be  an  inhabitant  of  the  county,  and  have  at  least  five  hundred  acres 
freehold  within  the  said  county;  and  the  justices  shall  be  inhabitants, 


COLONIAL  RECORDS. 


1 !)8 


and  have  each  of  them  five  hundred  acres  apiece  freehold  within  the  pre- 
cinct for  which  they  serve  respectively.  These  five  shall  be  chosen  from 
time  to  time  and  commissioned,  by  the  Palatine’s  court. 

62d.  For  any  personal  causes  exceeding  the  value  of  two  hundred 
pounds  sterling,  or  in  title  of'  land,  or  in  any  criminal  cause,  either  party 
upon  paying  twenty  pounds  sterling  to  the  Lords  Proprietor’s  use,  shall 
have  liberty  of  appeal  from  the  County  Court,  unto  the  respective  Pro- 
prietor’s Court. 

63d.  In  every  precinct  there  shall  be  a court  consisting  of  a Steward, 
and  four  Justices  of  the  precinct,  being  inhabitants,  and  having  three 
hundred  acres  of  freehold  within  the  said  precinct,  who  shall  judge  all 
criminal  crimes;  except  for  treason,  murder,  and  any  other  offences  pun- 
ishable with  death,  and  except  all  criminal  causes  of  the  nobility;  and 
shall  judge  also,  all  civil  causes  whatsoever;  and  in  all  personal  actions 
not  exceeding  fifty  pounds  sterling  without  appeal ; but  where  the  cause 
shall  exceed  that  value,  or  concern  a title  of  land,  and  in  all  criminal 
causes;  there  either  party  upon  paying  five  pounds  sterling,  to  the  Lords 
Proprietor’s  use,  shall  have  liberty  of  appeal  to  the  county  court. 

64th.  No  cause  shall  be  twice  tried  in  any  one  court,  upon  any  reason 
or  pretence  whatsoever. 

65th.  For  treason,  murder,  and  all  other  offences  punishable  with 
death,  there  shall  be  a commission  twice  a year  at  least,  granted  unto  one 
or  more  members  of  the  grand  council,  or  colleges,  who  shall  come  as 
itinerant  Judges  to  the  several  counties,  and  with  the  Sheriff  and  four 
Justices,  shall  hold  assizes,  to  judge  all  such  causes;  but  upon  paying  of 
fifty  pounds  sterling,  to  the  Lords  proprietors  use,  there  shall  be  liberty 
of  appeal  to  the  respective  Proprietors  court. 

66th.  The  Grand  Jury  at  the  several  assizes,  shall  upon  their  oaths 
and  under  their  hands  and  seals,  deliver  into  their  itinerant  Judges,  a 
presentment  of  such  grievances,  misdemeanours,  exigencies,  or  defects, 
which  they  think  necessary  for  the  public  good  of  the  country;  which 
presentments  shall  bv  the  itinerant  Judges,  at  the  end  of  their  circuit,  be 
delivered  in  to  the  grand  council,  at  tlieir  next  sitting.  And  whatsoever 
therein  concerns  the  execution  of'  laws,  already  made,  the  several  Pro- 
prietor’s courts,  in  the  matters  belonging  to  each  of  them  respectively, 
shall  take  cognisance  of  it,  and  give  such  order  about  it,  as  shall  be  ef- 
fectual for  the  due  execution  of  the  laws.  But  whatever  concerns  the 
making  of  any  new  law,  shall  be  referred  to  the  several  respective  courts, 
to  which  that  matter  belongs,  and  be  by  them  prepared  and  brought  to 
the  grand  council. 


COLONIAL  RECORDS. 


199 


67th.  For  terms,  there  shall  be  quarterly,  such  a certain  number  of 
days,  not  exceeding  one  and  twenty  at  any  one  time,  as  the  several  re- 
spective courts  shall  appoint.  The  time  for  the  beginning  of  the  term 
in  the  Precinct  court  shall  be  the  first  Monday  in  January,  April,  July 
and  October,  in  the  County  court,  the  first  Monday  in  February,  May, 
August  and  November;  and  in  the  Proprietor’s  courts,  the  first  Monday 
in  March,  June,  September  and  December. 

68th.  In  the  Precinct  court,  no  man  shall  be  a Juryman,  under  fifty 
acres  of  freehold.  In  the  County  court,  or  at  the  assizes,  no  man  shall 
be  a grand  juryman,  under  three  hundred  acres  of  freehold;  and  no  man 
shall  be  a petty  juryman,  under  two  hundred  acres  of  freehold.  In  tin* 
Proprietor’s  courts,  no  man  shall  be  a juryman,  under  five  hundred  acres 
of  freehold. 

69th.  Every  jury  shall  consist  of  twelve  men;  and  it  shall  not  be 
necessary  they  should  all  agree,  but  the  verdict  shall  be  according  to  the 
consent  of  the  majority. 

70th.  It  shall  be  a base  and  vile  thing,  to  plead  for  money  or  reward; 
nor  shall  any  one,  (except  he  be  a iiear  kinsman,  nor  farther  off  than 
cousin  german  to  the  party  concerned)  be  permitted  to  plead  another  man’s 
cause,  till  before  the  judge,  in  open  court,  lie  hath  taken  an  oath  that  he 
doth  not  plead  for  money  or  reward,  nor  hath,  nor  will  receive,  nor 
directly,  nor  indirectly,  bargained  with  the  party  whose  cause  he  is  going 
to  plead,  for  money,  or  any  other  reward  for  pleading  his  cause. 

71st.  There  shall  be  a Parliament  consisting  of  the  Proprietors,  or 
their  deputies,  the  Landgraves  and  C'asiques,  and  one  freeholder  out  of 
every  precinct,  to  be  chosen  by  the  freeholders  of  the  said  precinct  re- 
spectively. They  shall  sit  all  together  in  one  room,  and  have,  every 
member,  one  vote. 

72d.  No  man  shall  be  chosen  a member  of  Parliament,  who  has  less 
than  five  hundred  acres  of  freehold  within  the  precinct  for  which  he  is 
chosen,  nor  shall  any  have  a vote  in  choosing  the  said  member,  that  hath 
less  than  fifty  acres  of  freehold  within  the  said  precinct. 

73d.  A new  Parliament  shall  be  assembled  the  first  Monday  of  the 
month  of  November,  every  second  year,  and  shall  meet  and  sit  in  the 
town  they  last  sat  in,  without  any  summons,  unless  by  the  Palatine’s 
court  they  be  summoned  to  meet  at  any  other  place.  And  if  there  shall 
be  anv  occasion  of  a parliament  in  these  intervals,  it  shall  be  in  the  power 
of  the  Palatine’s  court,  to  assemble  them  in  forty  days’  notice,  and  at  such 
time  and  place  as  the  said  court  shall  think  lit;  and  the  Palatine’s  court 
shall  have  power  to  dissolve  the  said  Parliament,  when  they  shall 
think  fit. 


200 


COLONIAL  RECORDS. 


74th.  At  the  opening  of  every  Parliament,  the  lirst  tiling  that  shall  he 
done,  .shall  he  the  reading  of  these  Fundamental  Constitutions,  which  the 
Palatine  and  Proprietors,  and  the  rest  of  the  members  then  present,  shall 
subscribe.  Nor  shall  anv  person  whatsoever,  sit  or  vote  in  the  Parlia- 
ment, till  he  hath  that  session  subscribed  these  Fundamental  Constitu- 
tions, in  a book  kept  for  that  purpose,  by  the  clerk  of  the  parliament. 

75th.  In  order  to  the  due  election  of  members,  for  the  biennial  Parli- 
ament, it  shall  be  lawful  for  the  freeholders  of  the  respective  precincts  to 
meet  the  first  Tuesday  in  September,  every  two  years,  in  the  same  town 
or  place  that  they  last  met  in,  to  choose  parliament  men,  and  there  choose 
those  members  that  are  to  sit  the  next  November  following;  unless  the 
steward  of  the  precinct  shall  by  sufficient  notice,  thirty  days  before,  ap- 
point some  other  place  for  their  meeting  in  order  to  the  election. 

76th.  No  act  or  order  of  Parliament  shall  be  of  any  force,  unless  it  be 
ratified  in  open  parliament  during  the  same  session,  by  the  Palatine  or 
his  deputy,  and  three  more  of  the  Lords  Proprietors  or  their  deputies; 
and  then  not  to  continue  longer  in  force,  but  until  the  next  biennial  Par- 
liament, unless  in  the  meantime  it  be  ratified  under  the  hands  and  seals 
of  the  Palatine  himself,  and  three  more  of  the  Lords  Proprietors,  them- 
selves, and  by  their  order  published  at  the  next  biennial  Parliament. 

77th.  Any  Proprietor  or  his  deputy  may  enter  his  protestation  against 
any  act  of  the  Parliament,  before  the  Palatine  or  his  deputy’s  consent  be 
given  as  aforesaid;  if  he  shall  conceive  the  said  act  to  be  contrary  to  this 
establishment,  or  any  of  these  Fundamental  Constitutions  of  the  Govern- 
ment. And  in  such  case,  after  full  and  free  debate,  the  several  estates 
shall  retire  into  four  several  chambers,  the  Palatine  and  Proprietors  into 
one;  the  Landgraves  into  another;  the  Casiques  into  another;  and  those 
chosen  by  the  Precincts  into  a fourth;  and  if  the  major  part  of  any  of  the 
four  estates  shall  vote  that  the  law  is  not  agreeable  to  this  establishment, 
and  these  Fundamental  Constitutions  of  the  Government,  then  it  shall 
pass  no  farther,  but  be  as  if  it  had  never  been  proposed. 

78th.  The  quorum  of  the  Parliament  shall  be  one  half  of  those  who 
are  members,  and  capable  of  sitting  in  the  house,  that  present  session  of 
Parliament.  The  quorum  of  each  of  the  Chambers  of  Parliament,  shall 
be  one  half  of  the  members  of  that  chamber. 

79th.  To  avoid  multiplicity  of  laws,  which  by  degrees  always  change 
the  right  foundations  of  the  original  government,  all  acts  of  Parliament 
whatsoever,  in  whatsoever  form  passed  or  enacted,  shall  at  the  end  of  a 
hundred  years  after  their  enacting,  respectively  cease,  and  determine  of 
themselves,  and  without  any  repeal,  become  null  and  void,  as  if  no  such 
acts  or  laws  had  ever  been  made. 


COLONIAL  RECORDS. 


201 


80th.  Since  multiplicity  of  comments,  as  well  as  of  laws,  have  great 
inconveniences,  and  serve  only  to  obscure  and  perplex;  all  manner  of 
comments  and  expositions,  on  any  part  of  these  Fundamental  Constitu- 
tions, or  on  any  part  of  the  common  or  statute  laws  of  Carolina,  are 
absolutely  prohibited. 

81st.  There  shall  be  a registry  in  every  precinct,  wherein  shall  be  en- 
rolled all  deeds,  leases,  judgments,  mortgages,  and  other  conveyances, 
which  may  concern  any  of  the  lands  within  the  said  precinct;  and  all  such 
conveyances,  not  so  entered  and  registered,  shall  not  be  of  force  against 
any  person  or  party  to  the  said  contract  or  conveyance. 

82d.  No  man  shall  be  Register  of  any  precinct,  who  hath  not  at  least 
three  hundred  acres  of  freehold  within  the  said  precinct. 

83d.  The  freeholders  of  every  precinct  shall  nominate  three  men,  out 
of  which  three,  the  Chief  Justice’s  Court  shall  choose  and  commission 
one  to  be  Register  of  the  said  precinct,  whilst  he  shall  well  behave  him- 
self. 

84th.  There  shall  be  a Registry  in  every  Signiory,  Barony  and  Col- 
ony, wherein  shall  be  recorded  all  the  births,  marriages  and  deaths  that 
shall  happen  within  the  respective  Signiories,  Baronies  and  Colonies. 

85th.  No  man  shall  be  Register  of  a Colony  that  hath  not  above  fifty 
acres  of  freehold  within  the  said  colony. 

86th.  The  time  of  every  one’s  age,  that  is  born  in  Carolina,  shall  be 
reckoned  from  the  day  that  his  birth  is  entered  in  the  registry,  and  not 
before. 

87th.  No  marriage  shall  be  lawful,  whatever  contract  and  ceremony 
they  have  used,  till  both  the  parties  mutually  own  it,  before  the  Register  of 
the  place  where  they  were  married,  and  he  register  it,  with  the  names  of 
the  father  and  mother  of  each  party. 

88th.  No  man  shall  administer  to  the  goods,  or  have  a right  to  them, 
or  enter  upon  the  estate  of  any  person  deceased,  till  his  death  be  regis- 
tered in  the  respective  registry. 

89th.  He  that  does  not  enter  in  the  respective  registry,  the  birth  or 
death  of  any  person  that  is  born,  or  dies,  in  his  house  or  ground,  shall 
pay  to  the  said  Register  one  shilling  per  week  for  each  such  neglect, 
reckoning  from  the  time  of  each  birth,  or  death  respectively,  to  the  time 
of  entering  it  in  the  register. 

00th.  In  like  manner,  the  births,  marriages,  and  deaths  of  the  Lords 
Proprietors,  Landgraves  and  Casiques,  shall  be  registered  in  the  Cham- 
berlain’s Court. 


22 


202 


COLONIAL  RECORDS. 


91st.  There  shall  be  in  every  colony,  one  Constable,  to  be  chosen  an- 
nually by  the  freeholders  of  the  colony.  His  estate  shall  Ik*  above  a 
hundred  acres  of  freehold  within  the  said  colony,  and  such  subordinate 
officers  appointed  for  his  assistance,  as  the  county  court  shall  find  requi- 
site, and  shall  be  established  by  the  said  county  court.  The  election  of 
the  subordinate  annual  officers,  shall  be  also  in  the  freeholders  of  the 
colony. 

92d.  All  towns  incorporate,  shall  be  governed  by  a Mayor,  twelve 
Aldermen,  and  twenty  four  of  the  common  Council.  The  said  common 
council  shall  be  chosen  by  the  present  householders  of  the  said  town  ; 
the  Aldermen  shall  be  chosen  out  of  the  common  council,  and  the  mayor 
out  of  the  aldermen,  bv  the  palatine’s  court. 

93d.  It  being  of  great  consequence  to  the  plantation,  that  port  towns 
should  be  built  and  preserved;  therefore  whosoever  shall  lade  or  unlade 
any  commodity  at  any  other  place  but  a port  town,  shall  forfeit  to  the 
Lords  proprietors,  for  each  tun,  so  laden  or  unladen,  the  sum  of  ten 
pounds  sterling;  except  only  such  goods  as  the  palatine’s  court  shall 
license  to  be  laden  or  unladen  elsewhere. 

94th.  The  first  port  town  upon  every  river,  shall  be  in  a colony,  and 
be  a port  town  forever. 

95th.  No  man  shall  be  permitted  to  be  a freeman  of  Carolina,  or  to 
have  any  estate  or  habitation  within  it,  that  doth  not  acknowledge  a God, 
and  that  God  is  publicly  and  solemnly  to  be  worshiped. 

96th.  (As  the  country  comes  to  be  sufficiently  planted,  and  distributed 
into  fit  divisions,  it  shall  belong  to  the  parliament  to  take  care  for  the 
building  of  churches  and  the  public  maintenance  of  divines,  to  be  em- 
ployed in  the  exercise  of  religion,  according  to  the  church  of  England  ; 
which  being  the  only  true  and  orthodox,  and  the  national  religion  of  all 
the  king’s  dominions,  is  so  also  of  Carolina,  and  therefore  it  alone  shall 
be  allowed  to  receive  public  maintenance  by  grant  of  parliament.) 

97th.  But  since  the  natives  of  that  place,  who  will  be  concerned  in  our 
plantation,  are  utterly  strangers  to  Christianity,  whose  idolatry,  ignorance 
or  mistake,  gives  us  no  right  to  expel  or  use  them  ill ; and  those  who  remove 
from  other  parts  to  plant  there,  will  unavoidably  be  of  different  opinions, 
concerning  matters  of  religion,  the  liberty  whereof  they  will  expect  to  have 
allowed  them,  and  it  will  not  be  reasonable  for  us  on  this  account  to  keep 
them  out;  that  civil  peace  may  be  obtained  amidst  diversity  of  opinions, 
and  our  agreement  and  compact  with  all  men,  may  be  duly  and  faithfully 
observed,  the  violation  whereof,  upon  what  pretence  soever,  cannot  be 
without  great  offence  to  Almighty  God,  and  great  scandal  to  the  true  re- 


COLONIAL  RECORDS. 


203 


ligion  which  we  profess;  and  also  that  Jews,  Heathens  and  other  dissent- 
ers from  the  purity  of  the  Christian  religion,  may  not  be  scared  and  kept 
at  a distance  from  it,  but  by  having  an  opportunity  of  acquainting  them- 
selves with  the  truth  and  reasonableness  of  its  doctrines,  and  the  peacea- 
bleness and  inoffensiveness  of  its  professors,  may  by  good  usage  and  per- 
suasion, and  all  those  convincing  methods  of  gentleness  and  meekness,  suit- 
able to  the  rules  and  design  of  the  gospel,  be  won  over  to  embrace,  and 
unfeignedly  receive  the  truth  ; thereto  re  any  seven  or  more  persons  agree- 
ing in  any  religion,  shall  constitute  a church  or  profession,  to  which  they 
shall  give  some  name,  to  distinguish  it  from  others. 

98th.  The  terms  of  admittance  and  communion  with  any  church  or 
profession  shall  be  written  in  a book,  and  therein  be  subscribed  by  all  the 
members  of  the  said  church  or  profession ; which  book  shall  be  kept  by 
the  public  Register  of  the  Precinct  wherein  they  reside. 

99th.  The  time  of  every  one’s  subscription  and  admittance,  shall  be 
dated  in  the  said  book  or  religious  record. 

100th.  In  the  terms  of  communion  of  every  church  or  profession, 
these  following  shall  be  three,  without  which  no  agreement  or  assembly 
of  men,  upon  pretence  of  religion,  shall  be  accounted  a church  or  profes- 
sion within  these  rules. 

1st.  “That  there  is  a God.” 

2d.  “That  God  is  publickly  to  be  worshipped.” 

3d.  “ That  it  is  lawful  and  the  duty  of  every  man,  being  thereunto 
called  by  those  that  govern,  to  bear  witness  to  truth ; and  that  every 
church  or  profession  shall  in  their  terms  of  communion,  set  down  the 
eternal  way  whereby  they  witness  a truth  as  in  the  presence  of  God, 
whether  it  be  by  laying  hands  on  or  kissing  the  bible,  as  in  the  church 
of  England,  or  by  holding  up  the  hand,  or  any  other  sensible  way.” 

101st.  No  person  above  seventeen  years  of  age,  shall  have  any  benefit 
or  protection  of  the  law,  or  be  capable  of  any  place  of  profit  or  honor, 
who  is  not  a member  of  some  church  or  profession,  having  his  name 
recorded  in  some  one,  and  but  one  religious  record,  at  once. 

102d.  No  person  of  any  other  church  or  profession  shall  disturb  or 
molest  any  religious  assembly. 

103d.  No  person  whatsoever,  shall  speak  any  thing  in  their  religious 
assembly  irreverently  or  seditiously  of  the  government  or  governors,  or 
of  state  matters. 

104th.  Any  person  subscribing  the  terms  of  communion,  in  the  record 
of  the  said  church  or  profession,  before  the  precinct  register  and  any  five 
members  of  the  said  church  or  profession,  shall  be  thereby  made  a mem- 
ber of  the  said  church  or  profession. 


COLONIAL  RECORDS. 


204 


105th.  Any  person,  striking  Lis  own  name  out  of  any  religious  record, 
or  his  name  being  struck  out  by  any  officer  thereunto  authorized  by  such 
church  or  profession  respectively,  shall  cease  to  be  a member  of  that  church 
or  profession. 

106th.  No  man  shall  use  any  reproachful,  reviling,  or  abusive  language 
against  any  religion  of  any  church  or  profession;  that  being  the  certain 
way  of  disturbing  the  peace,  and  of  hindering  the  conversion  of  any  to 
the  truth,  by  engaging  them  in  quarrels  and  animosities,  to  the  hatred  of 
the  professors  and  that  profession  which  otherwise  they  might  be  brought 
to  assent  to. 

107th.  Since  charity  obliges  us  to  wish  well  to  the  souls  of  all  men, 
and  religion  ought  to  alter  nothing  in  any  man’s  civil  estate  or  right,  it 
shall  be  lawful  for  slaves  as  well  as  others,  to  enter  themselves  and  be  of 
what  church  or  profession  any  of  them  shall  think  best,  and  thereof  be 
as  fully  members  as  any  freeman.  But  yet  no  slave  shall  hereby  be  ex- 
empted from  that  civil  dominion  his  master  hath  over  him,  but  be  in  all 
things  in  the  same  state  and  condition  he  was  in  before. 

108th.  Assemblies  upon  what  pretence  soever  of  religion,  not  observ- 
ing and  performing  the  above  said  rules,  shall  not  be  esteemed  as  churches, 
but  unlawful  meetings,  and  be  punished  as  other  riots. 

1 09th.  No  person  whatsoever  shall  disturb,  molest,  or  persecute  another, 
for'his  speculative  opinions  in  religion,  or  his  way  of  worship. 

110th.  Every  freeman  of  Carolina,  shall  have  absolute  power  and 
authority  over  his  negro  slaves,  of  what  opinion  or  religion  soever. 

111th.  No  cause,  whether  civil  or  criminal,  of  any  freeman,  shall  be 
tried  in  any  court  of  judicature,  without  a jury  of  his  peers. 

112th.  No  person  whatever,  shall  hold  or  claim  any  land  in  Carolina, 
by  purchase  or  gift,  or  otherwise,  from  the  natives  or  any  other  whatso- 
ever; but  merely  from  and  under  the  Lords  Proprietors,  upon  pain  of 
forfeiture  of  all  his  estate,  moveable  or  immoveable,  and  perpetual  ban- 
ishment. 

113th.  Whosoever  shall  possess  any  freehold  in  Carolina,  upon  what 
title  or  grant  soever,  shall  at  the  farthest,  from  and  after  the  year  one 
thousand  six  hundred  and  eighty  nine,  pay  yearly  unto  the  Lords  Pro- 
prietors, for  each  acre  of  land,  English  measure,  as  much  fine  silver  as  is 
at  this  present  time  in  one  English  penny,  or  the  value  thereof,  to  be  as 
a chief  rent  and  acknowledgement  to  the  Lords  Proprietors,  their  heirs 
and  successors  forever.  And  it  shall  be  lawful  for  the  palatine’s  court, 
bv  their  officers,  at  any  time,  to  take  a new  survey  of  any  man’s  land, 
not  to  oust  him  of  ally  part  of  his  possession,  but  that  by  such  a survey, 


COLONIAL  RECORDS. 


20o 


the  just  number  of  acres  lie  possesseth  may  he  known,  and  the  rent  there- 
on due,  may  be  paid  by  him. 

114th.  All  wrecks,  mines,  minerals,  quarries  of  gems  and  precious 
stones,  with  pearl  fishing,  whale  fishing,  and  one  half  of  all  ambergris, 
by  whomsoever  found,  shall  wholly  belong  to  the  Lords  Proprietors. 

115th.  All  revenues  and  profits,  belonging  to  the  Lords  Proprietors, 
in  common,  shall  be  divided  into  ten  parts,  whereof  the  palatine  shall 
have  three,  and  each  proprietor  one;  but  if  the  palatine  shall  govern  by 
a deputy,  the  deputy  shall  have  one  of  those  three  tenths,  and  the  pala- 
tine the  other  two  tenths. 

116th.  All  inhabitants  and  freemen  of  Carolina,  above  seventeen  years 
of  age,  and  under  sixty,  shall  be  bound  to  bear  arms,  and  serve  as  sol- 
diers whenever  the  grand  council  shall  find  it  necessary. 

117th.  A true  copy  of  these  Fundamental  constitutions  shall  be  kept 
in  a great  book,  by  the  register  of  every  precinct,  to  be  subscribed  before 
the  said  register.  Nor  shall  any  person  of  what  degree  or  condition  so- 
ever, above  seventeen  years  old,  have  any  estate  or  possession  in  Caro- 
lina, or  protection  or  benefit  of  the  law  there,  who  hath  not,  before  a pre- 
cinct register,  subscribed  these  fundamental  constitutions  in  this  form : 

“ I,  A.  B.,  do  promise  to  bear  faith,  and  true  allegiance,  to  our  sov- 
ereign Lord  King  Charles  the  second,  his  heirs  and  successors,  and  will 
be  true  and  faithful  to  the  Palatine  and  Lords  Proprietors  of  Carolina, 
their  heirs  and  successors;  and  with  my  utmost  power,  will  defend  them 
and  maintain  the  government,  according  to  this  establishment  in  these 
fundamental  Constitutions.” 

118th.  Whatsoever  alien  shall  in  this  form,  before  any  precinct 
Register,  subscribe  these  fundamental  constitutions,  shall  be  thereby 
naturalized. 

119th.  In  the  same  manner  shall  every  person,  at  his  admittance  into 
any  office,  subscribe  these  fundamental  constitutions. 

120th.  These  fundamental  constitutions,  in  number  a hundred  and 
twenty,  and  every  part  thereof,  shall  be  and  remain,  the  sacred  and  unal- 
terable form  and  rule  of  government  of  Carolina  forever.  Witness  our 
hands  and  seals  the  first  day  of  March,  1669. 


RULES  OF  PRECEDENCY. 

1st.  The  Lords  Proprietors ; the  eldest  in  age  first,  and  so  in  order. 
2d.  The  eldest  sons  of  tin1  Lords  Proprietors;  the  eldest  in  age  first, 
and  so  in  order. 


200 


COLONIAL  RECORDS. 


3d.  The  Landgraves  of  the  grand  council,  he  that  hath  been  longest  of 
the  grand  council  first,  and  so  in  order. 

4th.  The  Casiques  of  the  grand  council;  he  that  hath  been  longest  of 
tho-grand  council  first,  and  so  in  order. 

5th.  The  seven  Commoners  of  the  grand  council,  that  have  been  long- 
est of  the  grand  council ; he  that  hath  been  longest  of  the  grand  council 
first,  and  so  in  order. 

0th.  The  younger  sons  of  the  Proprietors;  the  eldest  first,  and  so  in 
order. 

7th.  The  Landgraves;  the  eldest  in  age  first,  and  so  in  order. 

8th.  The  seven  Commoners,  who  next  to  those  before  mentioned  have 
been  longest  of  the  grand  council;  he  that  hath  been  longest  of  the  grand 
council  first,  and  so  in  order. 

9tli.  The  Casiques;  the  eldest  in  age  first,  and  so  in  order. 

10th.  The  seven  remaining  Commoners  of  the  grand  council ; he  that 
hath  been  longest  of  the  grand  council  first,  and  so  in  order. 

11th.  The  male  line  of  the  Proprietors. 

The  rest  shall  be  determined  by  the  Chamberlain’s  Court. 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdi.e  48.  No.  34.] 


F.  O’SULLIVAN  TO  Ld  ASHLEY.  10th  SEPTr  1670. 
Right  HONOble 

I writt  a ^ticuler  Account  of  all  things  to  vor  lordsp  bv  the  Carolina 
by  the  way  of  Virginie  I am  donbtfull  whether  or  noe  they  are  come  to 
vor  hands,  for  feare  of  woh  I have  now  made  bold  to  trouble  yor  honob  wtb 
these  lynes  y‘  you  may  understand  in  w‘  condition  we  are  in 

The  cuntry  proves  good  beyond  expectation  aboundin  in  all  things, 
as  good  Oake  Ash  Deare  turkies  partridges  rabbitts  turtle  and  fish,  the 
land  produceth  anything  that  is  putt  into  itt,  for  we  have  tryed  itt  wth 
Corne  Cotton  and  tobacco  and  other  provisions  wch  proves  very  well  the 
lateness  of  the  season  considered,  the  Cuntry  is  stored  wth  severall  pleasant 
fruits,  as  peaches  strawberryes  and  other  sorts,  wee  are  setled  att  Haaway 
nere  20  leagues  to  the  Norward  of  port  Royall  itt  not  prouveinge  Accord- 


COLONIAL  RECORDS. 


207 


inge  to  report,  we  build  our  towne  upon  a pointe  of  land  called  Albemarle 
pointe  seated  upon  the  River  y‘  leades  in  from  the  sea  called  by  us  Ashley 
River  where  we  are  afortifieing  ourselves.  I have  made  generall  dis- 
coveries into  the  Cuntry  and  find  itt  very  good  and  many  pleasant  Riv- 
ers. I cannot  give  a better  Caracter  of  itt  then  itt  deserves.  We  hum- 
bly thanke  yor  hono”  yr  care  in  orderinge  us  provissions  att  virginiethe 
shipp  returned  to  us  in  good  tyme  for  all  our  provissions  was  gone  soe 
y‘  wee  were  forst  to  live  upon  the  Indeans  who  are  very  kinde  to  us,  we 
hope  yor  honor  will  continew  yor  care  over  us  till  we  are  in  a condition  to 
helpe  ourselves,  our  ship  is  now  upon  her  departure  for  Barbadoes,  from 
whence  we  expect  more  people  and  fresh  supplies.  Wee  expect  from  vor 
honor8  a shipp  from  England  wth  more  people,  you  wold  <loe  well  to  grant 
free  passage  to  passengers  for  some  small  tyme  for  many  would  be  will- 
ing to  come  y‘  are  not  able  to  pay  their  passage,  pray  send  us  a minister 
quallified  according  to  the  Church  of  England  and  an  able  Couneellor  to 
end  controversies  amongst  us,  and  putt  us  into  the  right  way  of  the  man- 

agemeifi  of  yor  Coll we  hope  now  the  worst  is  past  if  you  please  to 

stand  by  us  you  please  to  send  yor  instructions  that  the  land  may  be  laid 
out  to  the  people  as  itt  lyes  y*  the  badd  and  good  may  goe  together  and 
by  y‘  meanes  the  people  will  not  inhabit  att  a distance  and  itt  will  prove 
more  benficiall  to  vor  hono” 

In  my  last  I informed  yor  honor  y*  the  sloope  we  took  wth  us  from 
Barbadoes  looseing  us  att  sea  fell  into  one  of  the  spannish  beys  called 
Sancta  'Katherina  where  the  master  and  mate  Mr  Rivers  wth  several  1 
others  goeinge  ashore  was  taken  by  the  Spanyards  and  sent  prisoners  to 
S*  Augustens  where  they  still  remane  and  wold  have  intercepted  the 
sloope  but  she  escaped,  we  sent  letters  one  to  the  Fryer  where  they  were 
taken  the  other  to  the  Governor  of  Sl  Augustens  to  demand  them  but 
they  denied  us  and  gott  two  more  of  our  men  they  ottered  them  noe  I11- 
jurie  but  intended  to  wood  and  water  and  soe  depart  pray  vor  hono1'  to 
take  some  care  for  the  reliefe  our  men. 

I question  not  but  that  you  are  senceable  that  John  Yeomans  left  us 
att  Barm udoes  where  we  tooke  one  Coll  savle  for  our  Govern1  1 pro- 
cured ther  20£  Creditt  in  provissions  which  assisted  the  people  very 
much,  1 made  bold  to  charge  itt  upon  yr  honoT  to  be  paid  to  Cap:  Jo: 
Dorrall  there  or  his  Order  I am  sorry  to  give  yr  lordsp  an  Acount  of  the 
loss  of  the  port  Rovall  upon  the  Bohama  Islands  all  being  lost  but  the 


COLONIAL  RECORDS. 


208 


master  and  two  or  three  more  soe  beggin  yor  liono”  Excuse  I humbly 
desire  yor  Answer  wch  will  be  very  Acceptable  to 

Yor  faith  full  servant 

FLOR:  O SULLIVAN 


Albemarle  point 
Sep:  y®  10.  1670. 


( Endorsed) 


O.  SULLI VANT 


to 

Ld  ASHLEY 
10  Sept.  70 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle.  48.  No.  33.] 


H.  WOODARD  TO  SIR  JOHN  YEAMANS.  10  SEPT.  1670. 

Albymarle  Pointe  in  Chyanhaw  Sept.  10.  1670. 

R‘  Honble  Sr 

I could  not  soe  well  have  pleaded  mv  excuse  & tardinesse  in  not  given 
yr  Honra  particular  relation  by  y®  way  of  Virginia,  & Barmudoes  of  our 
proceedings,  A transactions,  since  yr  Hon"  departure  for  y®  Barbadoes  & 
our  settinge  forward  for  y®  Maine  It  being  my  fortune  to  bee  gone  uppon 
y®  discovery  of  Chufytachvgs  y‘  fruitfull  Provence  where  v®  Emper1  re- 
sides, in  v®  same  juncture  of  time,  when  y®  sd  Vessells  set  sayle  from  our 
Port  of  Chyanhaw  whereuppon  at  my  returne  from  Chufytachvgs  I 
understood  y*  Mr  Jones  had  satisfied  yr  Honr  in  those  particulars  as  for 
my  aforesaid  journie  I have  discovered  a Country  soe  delitious,  pleasant 
and  fruitfull,  y*  were  it  cultivated  doubtless  it  would  prove  a second 
Paradize  It  lyes  West  & by  Northe  neerest  from  us.  14  days  travel  1 
after  y®  Indian  manner  of  marchinge.  I there  contracted  a leauge  wth 
y®  Empr  & all  those  Petty  Cassekas  betwixt  us  A them  soe  v‘  some  few 
weeks  after  mv  returne  v*  Carolina  being  longe  in  her  dispatch  from  Vir- 
ginia our  Provision  failes  us  A had  not  myne  wth  Mr  Jones  diligence  wth 
some  few  others  releved  y®  Gen11  wants  by  what  Provisions  wee  procured 
of  the  natives  it  had  gone  very  hard  wth  us  in  which  scursecvtie  of  Pro- 
vision wee  receeved  an  Allarum  from  y®  Southward  by  v®  Indians  of  S‘ 
Helens  y®  Spanish  Vessells  & 30  Perryangors  of  Spaniards  & Indians 
intendinge  to  worke  us  what  mischiefe  they  could  (and  as  I conceive  they 
haveing  intelligence  of  our  expectations  of  a Supply  in  the  Carolina) 


COLONIAL  RECORDS. 


20ft 


awaited  at  Sea  to  trapane  our  Shipp  y4  soe  depriving  us  of  our  Supply 
and  blockin  us  up  our  necessity s increasing  wee  consequently  must  have 
surrendered:  for  wth  intent  ther  Perryangors  lay  10  leagues  distance  from 
us  at  the  mouth  of  Stonowe  River  & there  shipps  of  at  Sea.  Yet  it 
pleased  God  your  Ship  arrived  safe  to  us  wth  a mast,  convenient  Supply 
ye  Enimy  not  being  removed,  & yet  being  sensible  thereof,  theire  Indians 
being  terrified  at  y®  scaleing  of  some  of  our  Great  Guns  And  y®  Spaniard 
as  wee  suppose  being  frustrated  of  his  expectation  of  starveing  us,  cow- 
ardly retreated  to  S4  Augustines  never  attempting  any  thinge  against  us 
soe  y4  at  pr“4  we  have  noe  other  news  but  y4  he  hath  threatened  to  destroy 
y®  Indians  of  S4  Helens  of  Cumbohee  & of  Edistare  y4  are  our  freinds. 

Thus  as  to  the  estate  of  our  Gen11  affaires  As  to  our  family  necessity  I 
suppose  Mr  Jones  hath  made  yr  honr  fully  acquainted  as  to  my  particularre 
wants  I am  more  beholden  to  yr  Hon"  Agent  here  then  any  thinge  from 
y®  Publicke,  although  I must  confesse  they  have  made  honbl®  recomenda- 
tions  of  mee  in  there  Gen11  letters.  1 shall  endeavour  by  y®  next  to  send 
y1'  honr  some  of  our  American  raritys  our  troubles  at  pres4  not  permit- 
tinge  mee  y®  vacancy  as  to  travel  y®  Country.  It  being  most  of  my 
business  to  await  in  towne  & to  give  an  account  of  what  relations  the  na- 
tives bring  us  either  from  y®  Southward  or  y®  Northward  soe  v4  least  I 
might  seeme  to  prolixe  I rest  my  respective  service  presented  to  v* 
Honr  not  forgetting  my  respects  to  M"  Mavel  Carter  & the  rest  of  yr 
Hon411®  family  & relations 

I rest  yr  Hon"  most  obliged  servant 

HENRY  WOODWARD. 
To  y®  Right  Honorable  Sir  Jno  Yeomans  Knt  Baron4 
Barbadoes 


1671. 


[R.  P.  R.  O.  Shaftesbury  Papers.  Section  IX.  Rdle  48.  No.  55.  p.  94.] 


LORD  ASHLEY  TO  SIR  JOHN  YEAMANS  18  SEPTEM- 
BER 1671. 


Sr 

I am  very  glad  to  hear  that  you  are  at  Carolina,  wee  shall  expect  good 
successe  to  our  new  settlement  w"  it  shall  be  countenanced  A conducted  by 
so  judiciouse  & worthy  a person  We  have  therefore  sent  you  a Commis- 
23 


210 


COLONIAL  RECORDS. 


sion  for  Governor  & do  rely  upon  you  that  you  will  be  both  industriouse 
and  firme  to  us  in  y®  settling  y®  Government  wee  have  established  * * * 
Sr  I desire  to  heare  as  often  as  you  can  from  you  as  being  very  much  re- 
solved to  be  Sr 

Yr  very  affection4®  F11  & Servant 

ASHLEY 

London  7ber  18th  71. 


[B.  P.  U.  O.  Shaftesbury  Papers.  Section  IX.  Bdle  48.  No.  55.  p.  100.] 


LORD  ASHLEY  TO  SIR  JOHN  YEA  MANS  15  DECEM- 
BER 1671. 


Sr  Exeter  House  15  Dec  71 

I hope  err  this  you  have  received  y®  Commission  wee  sent  you  to  bee 
Governor  by  ye  way  of  Bermudos  & that  you  will  in  pursuance  of  our 
Constitutions  & Instructions  endeavour  to  accomodate  things  there  to  y® 
advantage  & settlement  of  v®  Plantacon,  one  maine  point  whereof  is  v® 
setling  downe  togeather  in  Townes.  We  have  in  favor  of  y®  first  Plan- 
ters altered  our  minde  about  ye®  Port  Towne  on  y®  River  Ashley  as  you 
will  finde  by  our  generall  letter  * * * I looke  upon  you  as  my  friend  & 
therefore  expect  you  should  beare  plaine  dealing  from  me  in  private  wch  is 
this  that  though  wee  had  resolved  to  make  you  Governor  yett  you  were 
making  yr  selfe  by  v®  people  a little  too  quicke  I begge  that  you  would 
trust  me  when  I assure  you  y4  a man  of  yr  ability's  doth  not  need  nor  will 
finde  any  other  way  successfull  but  y4  direct  one  of  serving  us  & endeav- 
ouring y®  good  of  y®  Plantacon 

I am  glad  to  heare  soe  many  considerable  men  come  from  y®  Barbados 
for  wee  finde  by  deare  experience  y4  noe  other  are  able  to  make  a Plan- 
tacon but  such  as  are  in  condition  to  stock  & furnish  themselves  y®  rest 
serve  only  to  fill  up  numbers  & live  upon  us  & therefor  now  we  have  a 
competent  number  untill  we  are  better  stocked  with  provisions  I am  not 
very  fond  of  more  company  unless  they  be  substantiall  men.  * * * 

I am  Sr  Your  very  humble  Serv4 


15  Dec.  71. 


ASHLEY. 


COLONIAL  RECORDS. 


211 


[B.  P.  R.  O.  Shaftesbury  Papers.  Section  IX.  Bundle.  48.  No.  55.  p.  105.] 


LORD  ASHLEY  TO  JOSEPH  WEST  16  DECEMBER  1671. 


Exeter  House  16  Dec  71 

Mr  West 

Yor  letters  I have  received  and  am  abundantly  satisfyed  in  all  that  I 
doubted  of  before  \vch  I had  not  done  had  you  sooner  given  us  an  account 
of  yr  management  of  our  affaires  there  Wherein  1 finde  you  have  been  a 
very  honest  man  to  us. 

* • 
You  ought  not  to  be  dissatisfyed  to  finde  another  man  made  Governor 

it  was  noe  personall  dislike  or  disrespect  of  you  that  occasioned  it  but  the 
nature  of  our  Governnf  wch  required  that  a Landgrave  should  be  pre- 
ferred to  any  Commoner  soe  that  any  body  else  as  well  as  you  must  have 
given  place  to  Sir  John  Yeamans  but  as  «ur  opinion  of  your  discretion 
vigilancy  & fidelity  is  not  hereby  at  all  lessened  soe  I am  confident  nei- 
ther will  yr  care  and  eoncernm*  for  our  publique  or  private  affairs  there 
slacken  in  ye  least  I look  upon  you  as  one  who  doe  in  earnest  minde  y® 
interest  & prosperity  of  our  Settlenf  wherein  you  will  be  sure  to  meete 
wth  my  kindnesse  A such  encouragem**  from  nice  as  will  assure  you  y* 
I am 

Your  very  affectionate  Fd 

ASHLEY 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  20.  p.  77.) 


COMMISSION  FOR  SURVEYOR  GENERAL  30  DEC.  1671. 

Lord  John  Berkeley  Palatin  of  Carolina  and  the  rest  of  the  Lords 
Proprietors  of  Carolina. 

To  our  Trusty  and  wel beloved  John  Culpeper  gent : Greeting 

Be  it  knowne  unto  all  men  that  we  the  Lords  and  absolute  Proprietors 
of  Carolina  for  divers  good  causes  & considerations,  but  more  especially 
out  of  the  trust  & confidence  reposed  in  the  said  John  Culpeper  for  the 
faithfull  and  skilfull  management  of  the  Office  of  Surveyor  Gen- 
erali of  all  that  territory  or  part  of  our  Province  of  Carolina  which  lyes 
to  the  Southward  and  Westward  of  Cape  Carteret  with  full  power  and 


COLONIAL  RECORDS. 


212 


authority  to  act  and  doe  all  those  things,  which  by  our  Fundamental 
Constitutions  Temporary  laws,  or  Instructions,  our  Surveyor  general! 
may  or  ought  to  doe.  In  witness  whereof  we  have  hereunto  set  our 
hands  and  seals  this  30  Day  of  Dec:  1671. 

CRAVEN 
ASHLEY 
G.  CARTERET 
P.  COLLETON 


1672. 


[B.  P.  R.  O.  Shaftesbury  Papers.  Section  IX.  Bdt.e.  48.  No.  89.] 


EARL  OF  SHAFTESBURY  TO  SIR  JOHN  TEAMANS 

20  JUNE  1672. 


ExkU  House  20th  June  1672. 

By  the  last  acc*  that  came  hither  from  Carolina,  I find  y‘  you  were  not 
received  there  with  such  GeneiJI  Satisfaction  nor  so  forwardly  admitted 
to  the  Governm*  we  intended  you,  as  perhaps  was  Imagined.  I am 
sorry  to  find  any  Differences  at  all  among  you,  the  Causes  whereof  I 
shall  not  inquire  into.  But  shall  advise  you  as  my  friend  not  to  make 
use  of  the  Governin'  we  have  put  into  yr  Hands,  to  Revenge  yourself  on 
any  who  have  spoke  theire  apprehentions  wth  that  ffreedom,  which  must 
be  allowd,  men  in  a Country  wherein  they  are  not  designed  to  be  op- 
press’d and  where  they  may  Justly  expect  equall  Justice  & protection. 

I have  too  great  a value  for  your  condition  and  Ability  not  to  desire 
continuance  of  a right  understanding  between  us;  and  therefore  I must 
take  the  Liberty,  to  deale  ffreely  wth  you  in  a Matter  wherein  we  are  both 
concerned,  and  tell  you  plainly  that  1 cannot  avoid  thinking  that  the 
Suspitions  of  those  men  who  have  express’d  some  feare  of  yr  Managem* 
of  ye  Government,  had  some  ground ; Since  your  too  forward  Grasping 
at  the  Governin''  when  you  came  first  thither,  and  your  endeavours  since 
to  diminish  the  Authority  of  oer  particular  Dcputys  who  are  our  repre- 
sentatives and  invested  there,  with  all  our  Power,  hath  given  us  even  at  this 
distance  some  umbrage,  ’Tis  in  your  power  to  sett  all  right,  I Know 
you  have  Dexterity  enough  to  do  it.  You  are  now  upon  foundations  of 
a larger  extent  then  are  usual  1,  and  perhaps  then  in  other  places  you  have 


COLONIAL  RECORDS. 


213 


met  with,  and  if  you  will  but  suite  the  Mannagem*  of  your  Gouvernnf 
to  them,  and  Direct  it  Wholy  to  the  impartiall  prosperity  of  the  Whole 
Plantation  and  all  the  Planters  in  it,  you  will  remove  the  jealousies 
which  1 must  tell  you  some  of  the  Plantation  have  conceived  of  vou,  you 
will  oblige  the  Lds  Propriet"  and  reap  all  those  advantages  which  are  sure 
to  attend  him  who  is  the  greatest  and  most  considerable  man  in  a thriv- 
ing Plantation,  and  who  hath  contributed  much  to  the  advancem*  thereof. 

For  my  own  part,  I assure  you  that  having  set  my  mind  on  carrying 
on  this  Plantation  and  engaged  my  word  that  the  people  shall  live  safe 
there  under  the  Protection  of  a faire  and  equall  Govern m‘  upon  Conli- 
dence  whereof  most  of  the  Planters  have  come  thither.  1 shall  think 
myself  extreemly  injured  by  any  one  who  shall  put  such  an  affront  on 
me,  as  to  make  those  who  trusted  me,  be  deceived,  and  1 am  resolved  at 
any  rate  rigourously  to  require  Satisfaction  of  any  one  who  by  any  un- 
due proceedings  shall  discompose  the  quiet  of  this  Settlement.  On  the 
other  side  I shall  be  as  ready  to  acknowledge  to  anv  one  whatever  kind- 
ness they  shall  doe  or  assistance  they  shall  give  to  this  plantation.  I the 
more  frankly  make  this  declaration  to  you  Sr  John  because  you  have 
already  contributed  much,  and  are  like  to  doe  more  to  the  growth,  and 
increase  of  this  Plate"  where  you  have  a considerable  and  growing  inter- 
est, which  ought  to  make  you  have  y®  same  concernnf  for  it  that  I have. 

I return  you  my  thanks  for  the  fforward  inclination  you  have  shewne 
to  Carolina,  and  tell  you  more  over  that  you  have  it  in  your  hand  by 
endeavouring  the  Pnbliek  good  of  it  to  make  me  your  friend  as  much 
and  as  long  as  you  please,  I am 

Your  very  affectionate  Friend 

SHA  FFTESBURY. 

To  Sr  John  Yeamans. 


[B.  1\  R.  O.  Shaftesbury  Papers.  Section  IX.  Bundle  48.  p.  112.] 


EARL  OF  SHAFTESBURY  TO  JOS.  WEST  & THE 
OF  THE  COUNCIL  20  JUNE  1072 


REST 


To  Mr  West  & v®  rest  of  y®  Councell 

Exeter  House  this  20th  June  1(572 
\ or  late  mannagement  of  v®  affaires  of  v®  Plantation  have  binn  wth  soe 
much  prudence  that  I cannot  but  returne  you  my  particuler  thanks  & tell 
yo"  that  whilst  yo"  continue  to  be  careful  of  v®  common  good  of  y®  place 
wch  is  vor  owne  interest  vo"  shall  al waves  have  me  readv  to  countenance 


214 


COLONIAL  RECORDS. 


& assist  you  in  it  & to  study  v®  good  of  those  men  who  shall  endeavour 
to  signalize  themselves  that  way.  To  keep  to  y®  rules  of  or  establishment 
it  hath  binn  necessary  for  us  to  take  y®  government  out  of  Mr  West’s 
hands  in  wch  it  hath  thriven  very  well  to  put  it  into  that  only  Landgraves 
wch  is  upon  the  place  But  I am  very  sorry  to  finde  that  Sr  John  Yea- 
mans  is  not  a man  soe  acceptable  to  y®  whole  plantation  as  I could  wish 
I know  how  hard  it  is  for  jealousys  to  be  removed  & factions  united 
when  once  begunn  though  amongst  men  (as  it  often  happens)  otherwise 
discreet  & worthy.  That  therefore  this  may  not  prejudice  the  affaires  of 
or  plantation  & the  animositys  that  may  arise  from  hence  disturb  the  quiet 
wch  is  necessary  to  an  infant  settlenft  Wee  shall  endeavour  to  finde  out  as 
soone  as  we  eann  a man  to  be  Governor  who  besides  other  qualifications 
fit  for  that  employment  may  alsoe  have  this  necessary  one  of  being  indif- 
ferent to  y®  whole  plantation  disinter  rested  from  all  divisions  in  it  & a 
man  not  suspected  or  disgusted  by  any  of  the  Planters.  This  though  I 
have  a very  great  respect  for  Sr  John  A noe  other  exception  to  him  I see 
will  be  unavoidable  for  us  to  doe  to  preserve  that  unity  A:  good  under- 
standing in  ye  Plantation  that  is  necessary  In  v®  meane  time  I recom- 
end  it  to  yor  care  (whose  prudence  & integrity  we  already  have  had  expe- 
rience of)  to  keepc  unbiassed  to  those  rules  vo"  will  finde  in  or  funda- 
mentall  Constitutions  Temporary  Laws  & instructions  & perticulerly  or 
Deputyes  are  to  remember  that  they  represent  or  persons  & therefore  they 
ought  not  to  deminish  or  right  by  makeing  themselves  but  cyphers  & sub- 
mitting too  much  to  y®  will  of  any  Governo1'  nay  of  Sr  Peter  Colleton 
himselfe  or  any  of  ye  Lds.  Propriet™  should  come  upon  y®  place  or  depu- 
tys  ought  to  maintaine  or  authority  & share  in  y®  government  according 
to  y®  fundamental]  Constitutions  wch  wee  have  to  that  purpose  put  into 
their  hands  Haveing  binn  soe  carefull  to  balance  one  anoth™  power  to 
prevent  y®  ingroseing  it  into  any  one  hand  that  y®  Palatine  himselfe  & 
soe  his  Deputy  y®  Governo1'  hath  but  his  limitted  proportion  of  it  suited 
to  y®  dispatch  of  affaires  bevound  wch  we  never  intended  nor  are  or  Dep- 
utys  to  suffer  it  to  extend  This  1 am  sure  whilst  you  keep  to  those  rules 
we  have  established  the  Plantation  will  thrive  <fc  every  one  in  it  if  it  be 
not  his  owne  faulte  be  in  a prosperous  & safe  condition.  I recommend 
therefore  yor  owne  good  & interest  to  yor  owne  care  wherein  I am  sure  to 
stand  by  vou  I very  much  applaud  vor  faire  dealing  wth  us  in  respect  of 
or  stores  & debt  This  regard  to  or  concernments  will  encourage  us  to 
take  all  manner  of  care  of  yo"  I thinke  myselfe  particulerlv  obliged  by 
it  A:  am 

Yor  very  affectionate  friend 


SHAFTESBURY 


COLONIAL  RECORDS. 


215 


EXTRACTS  FROM  THE  JOURNAL  OF  WILLIAM 
EDMUNDSON  UNDER  THE  YEARS  1671-72. 


[Reprinted  from  the  Friends’  Library,  Voe.  11,  p.  111.] 


“Afterwards,  it  being  upon  me,  I travelled  to  Carolina,  and  two 
Friends  accompanied  me,  it  being  all  wilderness  and  no  English  inhabi- 
tants or  path-ways,  but  some  marked  trees  to  guide  people.  The  first 
day’s  journey  we  did  pretty  well,  and  lay  that  night  in  the  woods,  as  we 
often  used  to  do  in  those  parts.  The  next  day  being  wet  weather  we 
were  sorely  foiled  in  swamps  and  rivers,  and  one  of  the  two  who  were 
with  me  for  a guide,  was  at  a stand  to  know  which  way  the  place  lay  we 
were  to  go  to.  I perceiving  that  he  was  at  a loss,  turned  my  mind  to 
the  Lord,  and  as  he  led  me,  I led  the  way.  So  we  travelled  in  many 
difficulties  until  about  sun-set ; then  they  told  me  they  could  travel  no 
farther;  for  they  both  fainted,  being  weak-spirited  men.  I bid  them 
stay  there,  and  kindle  a fire,  and  I would  ride  a little  farther,  for  I saw 
a bright  horizon  appear  through  the  woods,  which  travellers  take  as  a 
mark  of  some  plantation.  I rode  on  to  it,  and  found  it  was  only  tall 
timber  trees  without  underwood.  Hut  I perceived  a small  path,  which 
I followed  until  it  was  very  dark,  and  rained  violently;  then  I alighted 
and  set  my  back  to  a tree,  until  the  rain  abated.  It  being  dark,  and  the 
woods  thick,  I walked  all  night  between  two  trees;  and  though  very 
weary,  I durst  not  lie  down  on  the  ground,  for  my  clothes  were  wet  to 
my  skin.  I had  eaten  little  or  nothing  that  day,  neither  had  1 anything 
to  refresh  me  but  the  Lord.  In  the  morning  I returned  to  seek  mv  two 
companions,  and  found  them  lying  bv  a great  tire  of  wood.  I told  them 
how  I had  fared;  and  he  that  should  have  been  the  guide,  would  have 
persuaded  me  that  we  were  gone  past  the  place  where  we  intended;  but 
my  mind  drew  to  the  path  which  I had  found  the  night  before.  So  I 
led  the  way,  and  that  path  brought  us  to  the  place  where  we  intended,  viz  : 
Henry  Phillip’s  house  by  Albemarle  river. 

“ He  and  his  wife  had  been  convinced  of  the  truth  in  New  England,  and 
came  here  to  live;  and  not  having  seen  a Friend  for  seven  years  before, 
they  wept  for  joy  to  see  us.  It  being  on  a first-dav  morning  when 
we  got  there,  although  l was  weary  and  faint  and  my  clothes  wet,  I 
desired  them  to  send  to  the  people  thereaway  to  come  to  a meeting  about 
the  middle  of  the  day,  and  I would  lie  down  upon  a bed,  and  if  I slept 


COLONIAL  RECORDS. 


216 


too  loii”',  that  they  should  awake  me.  Now  about  the  hour  appointed 
many  people  came,  but  they  had  little  or  no  religion,  for  they  came  and 
sat  down  in  the  meeting  smoking  their  pipes.  In  a little  time  the  Lord’s 
testimony  arose  in  the  authority  of  Iiis  power,  and  their  hearts  being 
reached  by  it,  several  of  them  were  tendered  and  received  the  testimony. 
After  meeting  they  desired  me  to  stay  with  them,  and  let  them  have  more 
meetings. 

“One  Terns,  a justice  of  the  peace,  and  his  wife  were  at  the  meeting, 
who  received  the  truth  with  gladness,  and  desired  to  have  the  next  meet- 
ing at  their  house,  about  three  miles  off,  on  the  other  side  of  the  water; 
so  we  had  a meeting  there  the  next  day,  and  a blessed  time  it  was;  for 
several  were  tendered  with  a sense  of  the  power  of  God,  received  the 
truth  and  abode  in  it. 

“1672.  I could  stay  no  longer  with  them  at  that  time,  for  1 had  ap- 
pointed a man’s  meeting  in  Virginia,  to  be  on  the  fifth-day  of  that  week; 
things  being  much  out  of  order  among  them.  I therefore  took  my  leave 
of  them  in  the  love  of  God,  and  began  my  journey  on  third-day  morn- 
ing, with  my  two  fellow  travellers.” 


EXTRACT  FROM  THE  JOURNAL  OF  GEORGE  FOX  FOR 

THE  YEAR  1672. 


[Reprinted  from  Pages  458  and  459  of  the  Edition  Published  at  Friends’ 
Book  Store,  Philadelphia.] 

“After  this,  [eighth  day  of  the  ninth  month]  our  way  to  Carolina  grew 
worse,  being  much  of  it  plashy,  and  pretty  full  of  great  bogs  and 
swamps;  so  that  we  were  commonly  wet  to  the  knees,  and  lay  abroad 
a- nights  in  the  woods  bv  a fire:  saving  one  of  the  nights  we  got  to  a 
poor  house  at  Sommertown,  and  lay  by  the  fire.  The  woman  of  the 
house  had  a sense  of  God  upon  her.  The  report  of  our  travel  had  reached 
thither,  and  drawn  some  that  lived  beyond  Sommertown  to  that  house, 
in  expectation  to  have  seen  and  heard  us;  but  they  missed  us. 

“Next  day,  the  twenty-first  of  the  ninth  month,  having  travelled  hard 
through  the  woods  and  over  many  bogs  and  swamps,  we  reached  Bon- 
ner’s Creek;  there  we  lay  that  night  by  the  fire-side,  the  woman  lending 
us  a mat  to  lie  on. 

“This  was  the  first  house  we  came  to  in  Carolina:  here  we  left  our 
horses,  over-wearied  with  travel.  From  hence  we  went  down  the  creek 


COLONIAL  RECORDS. 


217 


in  a canoe  to  Macocoinocock  River,  and  came  to  Hugh  Smith’s,  where 
people  of  other  professions  came  to  see  us  (no  Friends  inhabiting  that 
part  of  the  country)  and  many  of  them  received  us  gladly.  Among 
others  came  Nathaniel  Batts,  who  had  been  governor  of  Roan-oak.  He 
went  by  the  name  of  captain  Batts,  and  had  been  a rude,  desperate  man. 
He  asked  me  about  a woman  in  Cumberland,  who,  he  said,  lie  was  told, 
had  been  healed  by  our  prayers  and  laying  on  of  hands,  after  she  had 
been  long  sick,  and  given  over  bv  the  physicians:  he  desired  to  know 
the  certainty  of  it.  I told  him,  we  did  not  glory  in  such  things,  but 
many  such  things  had  been  done  by  the  power  of  Christ. 

“ Not  far  from  hence  we  had  a meeting  among  the  people,  and  they  were 
taken  with  the  truth;  blessed  be  the  Lord!  Then  passing  down  the 
river  Maratick  in  canoe,  we  went  down  the  bay  Connie-oak,  to  a cap- 
tain’s, who  was  loving  to  us,  and  lent  us  his  boat,  for  we  were  much 
wetted  in  the  canoe,  the  water  flashing  in  upon  us.  W ith  this  boat  we 
went  to  the  governor’s ; but  the  water  in  some  places  was  so  shallow, 
that  the  boat,  being  loaden,  could  not  swim;  so  that  we  put  off  our  shoes 
and  stockings,  and  waded  through  the  water  a pretty  way.  The  gov- 
ernor, with  his  wife,  received  us  lovingly  ; but  a doctor  there  would 
needs  dispute  with  us.  And  truly  his  opposing  us  was  of  good  service, 
giving  occasion  to  the  opening  of  many  things  to  the  people  concerning 
the  Light  and  Spirit  of  God,  which  he  denied  to  be  in  every  one ; and 
affirmed  it  was  not  in  the  Indians.  W hereupon  I called  an  Indian  to 
us,  and  asked  him,  ‘Whether  or  no,  when  he  did  lie,  or  do  wrong  to  any 
one,  there  was  not  something  in  him,  that  did  reprove  him  for  it?’  He 
said ‘There  was  such  a thing  in  him  that  did  so  reprove  him;  and  he 
was  ashamed  when  he  had  done  wrong,  or  spoken  wrong.’  So  we  shamed 
the  doctor  before  the  governor  and  people;  insomuch  that  the  poor  man 
ran  out  so  far  that  at  length  he  would  not  own  tin*  Scriptures.  We  tar- 
ried at  the  governor’s  that  night ; and  next  morning  he  very  courteously 
ws  tlked  with  us  himself  about  two  miles  through  the  woods,  to  a place 
whither  he  had  sent  our  boat  about  to  meet  us.  Taking  leave  of  him, 
we  entered  our  boat,  and  went  about  thirty  miles  to  Joseph  Scot’s,  one 
of  the  representatives  of  the  country.  There  we  had  a sound,  precious 
meeting;  the  people  were  tender,  and  much  desired  after  meetings. 
Wherefore  at  a house  about  four  miles  further,  we  had  another  meeting; 
to  which  the  governor’s  secretary  came,  who  was  chief  secretary  of  the 
province,  and  had  been  formerly  convinced. 

“ I went  from  this  place  among  the  Indians,  and  spoke  to  them  by  an 
interpreter,  shewing  them,  ‘That  God  made  all  things  in  six  days,  and 
24 


218 


COLONIAL  RECORDS. 


made  but  one  woman  for  one  man  ; and  that  God  did  drown  the  old  world 
because  of  their  wickedness.  Afterwards  I spoke  to  them  concerning 
Christ,  shewing  them,  that  he  died  for  all  men,  for  their  sins,  as  well  as 
for  others;  and  had  enlightened  them  as  well  as  others;  and  that  if  they 
did  that  which  was  evil  he  would  burn  them;  l»ut  if  they  did  well  they 
should  not  be  burned.’  There  was  among  them  their  young  king  and 
others  of  their  chief  men,  who  seemed  to  receive  kindly  what  I said  to 
them. 

“ Having  visited  the  north  part  of  Carolina,  and  made  a little  entrance 
for  the  truth  among  the  people  there,  we  began  to  return  again  towards 
Virginia,  having  several  meetings  in  our  way,  wherein  we  had  good  ser- 
vice for  the  Lord,  the  people  being  generally  tender  and  open ; blessed 
be  the  Lord  ! We  lay  one  night  at  the  secretary’s,  to  which  we  had  much 
ado  to  get;  for  the  water  being  shallow,  we  could  not  bring  our  boat  to 
shore.  But  the  secretary’s  wife,  seeing  our  strait,  came  herself  in  a canoe, 
her  husband  being  from  home,  and  brought  us  to  land.  By  next  morn- 
ing our  boat  was  sunk,  and  full  of  water;  but  we  got  her  up,  mended 
her,  and  went  awav  in  her  that  day  about  twenty-four  miles,  the  water 
being  rough,  and  the  winds  high:  but  the  great  power  of  God  was  seen, 
in  carrying  us  safe  in  that  rotten  boat.  In  our  return  we  had  a very  pre- 
cious meeting  at  Hugh  Smith’s;  praised  be  the  Lord  forever!  The  peo- 
ple were  very  tender,  and  very  good  service  we  had  amongst  them.  There 
was  at  this  meeting  an  Indian  captain,  who  was  very  loving;  and  ac- 
knowledged it  to  be  truth  that  was  spoken.  There  was  also  one  of  the 
Indian  priests,  whom  they  call  Pauwaw,  who  sat  soberly  among  the  peo- 
ple. The  ninth  of  the  tenth  month  we  got  back  to  Bonner’s  Creek, 
where  we  had  left  our  horses;  having  spent  about  eighteen  days  in  north 
of  Carolina.” 


1673. 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdi.e  48.  No.  92.] 


ALBEMARLE.  ACTS  OF  P SENT  INCLOSED  IN  A 
LETTER  OF  NOV.  10.  ’73. 

Act  the  first  to  prevent  intruding  into  just  claimes  of  land. 

To  prevent  any  prejudice  which  may  accrue  to  the  Inhabitants  of  this 
County  by  the  incroaehinge  into  the  lands  which  other  men  have  rights 


/ 


COLONIAL  RECORDS.  219 


to  hold  the  same  by  as  soone  as  conveniency  may  serve  to  survey  and 
patent  the  same  according  to  the  Lords  instructions,  Be  it  therefore  en- 
acted by  the  Pallatine  and  the  rest  of  the  Lords  Proprietors  to  and  with 
the  advice  and  consent  of  the  Grand  Assembly  that  every  inhabitant  of 
this  County  shall  be  allowed  the  priviledge  to  have  the  first  survey  of  the 
land  he  liveth  on  and  layetli  elairne  to  adjoyninge  to  him  having  rights 
to  lay  upon  it  sufficient  to  hold  the  same  and  the  first  Seater  to  have  the 
priviledge  of  the  first  survey  Provided  he  claime  no  more  then  he  can 
make  rights  appeare  fore  Nor  exceed  their  first  knowne  claime  where 
with  consent  (for  neighbourhood  or  otherwise)  any  People  have  seated 
downe  together. 

Act  2od  For  encouragement  of  Owners  of  Vessels  livinge  in  the 
County 

For  encouragement  of  Owners  of  Vessells  who  are  Inhabitants  and 
traders  in  the  County  of  Albemarle  Be  it  Enacted  by  the  Pallatine  and 
the  rest  of  the  Lords  Proprietors  bv  and  with  the  advice  and  consent  of 
the  Grand  Assembly.  That  all  Persons  whatsoever  livinge  in  this  County 
haveinge  Vessells  tradeinge  to  and  from  the  same  shall  pay  but  fifty 
pounds  of  tobacco  for  enteringe  and  elearinge  such  Vessells  of  what 
burthen  soever  if  decked  at  each  turne  he  shall  so  enter  and  cleare.  But 
those  who  trade  in  open  boats  of  what  content  soever  to  pay  nothinge 
but  the  certifieinge  the  authority  of  the  place  of  their  comcinge  and 
goeinge 

Act  the  3rd  To  repeale  a former  Act 

Whereas  the  fifty  fourth  Act  made  by  the  Assembly  Aprill  the  eigh- 
teenth 1(172  prohibitinge  rum  to  be  sold  at  above  twenty  five  pounds  of 
Tobacco  ^ gallon  may  prove  prejuditiall  to  the  Inhabitants  of  this 
County  by  retardeinge  Merchants  <fc  dealers  who  with  that  commodities 
& others  more  benefitiall  for  the  counties  use  may  be  hindred  A diverted 
from  bringeinge  the  more  benefitiall  commodities  because  they  are  pro- 
hibited of  makeinge  their  profit  of  their  Rum  aforsaid  Be  it  therefore  En- 
acted by  the  Pallatine  A the  rest  of  the  Lords  Pro])”  by  and  with  the 
advice  A consent  of  y*  Grand  Assembly  That  the  said  fifty  fourth  Act 
(coneerneinge  rum)  be  henceforth  repealled  Null  A void. 

Act  the  fourth  Concerninge  Wild  Cattle 

For  prevention  of  uninterested  persons  in  hunting  A killing  wild  or 
outlvinge  Cattle  on  any  nook  of  land  within  this  County  Be  it  therefore 
Enacted  by  the  Pallatine  and  the  rest  of  the  Lords  Propr™  by  A with 


COLONIAL  RECORDS. 


•220 


the  advice  <fe  consent  of-  the  Grande  Assembly  That  no  person  or  persons 
whatsoever  who  can  lay  noe  just  claime  to  any  wild  or  outlyinge  cattle 
on  any  neck  of  land  in  this  County  shall  have  any  priviledge  to  hunt 
range  for  or  kill  any  wild  or  outlyinge  cattle  on  such  land,  unlesse  im- 
poweral  by  such  who  have  And  be  it  further  Enacted  by  the  authority 
aforesaid,  That  it  may  and  shall  be  lawfull  for  any  person  whatsoever  to 
hunt  for  & kill  wild  or  outlyinge  Cattle  on  anv  neck  of  land  where  he 
hath  such  wild  or  outlyinge  Cattle  Provided  he  kill  no  more  then  he  can 
probably  lay  claime  to,  on  such  land  and  haveinge  killed  such  propor- 
tion as  he  hath  probably  made  appeare  to  belonge  to  him,  then  such  per- 
son to  desist  And  for  the  better  knowledge  of  every  man’s  particular 
claime  to  such  cattle  It  is  further  thought  convenient  That  all  those 
who  claime  anv  Title  to  wild  Cattle  on  any  Neck  appoynt  a meetinge 
amonge  themselves  to  declare  & with  all  probabilitie  possible  make  ap- 
peare to  each  other  the  quantitie  they  have  out  which  beinge  agreed  on 
amongst  themselves  each  interested  person  to  kill  giveinge  an  account 
justly  what  he  killeth  to  the  rest  who  have  interest. 


1674. 

[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  20.  p.  93.] 

Whitehall  18th  May  1674. 

Wee  have  herewith  sent  a Patent  to  Mr  West  to  be  Landgrave  and  a 
Comission  to  be  Governor  who  hath  all  along  by  his  care,  fidellity  and 
prudence  in  the  management  of  our  affaires,  to  our  generall  satisfaction 
recommended  himself  to  us  as  the  fittest  man  there  for  this  trust.  This 
we  cannot  forbare  plainely  to  say  though  wee  have  a great  Regard  to 
Sir  John  Teamans  as  a considerable  man  that  hath  come  and  setled 
amongst  us  when  Mr  West  Had  formerly  the  management  of  afaires, 
things  were  then  puting  into  such  a posture  (as  appears  by  the  Act  of 
Parliament  made  att  the  latter  end  of  his  Government  which  we  here- 
with send  you  confirmed)  That  wee  had  some  encouragement  to  send 
suplies  to  men  who  took  into  their  consideration  how  wee  might  be  reim- 
bursed as  well  as  they  could  which  was  all  wee  expected  but  immediately 
with  Sir  Johns  asumeing  the  Government  the  face  of  things  alltered  the  first 
newes  was  of  several  1 proposalls  for  the  inereaseing  our  charge,  the  same  still 
hath  ever  since  continued  on,  and  in  your  verrv  last  Dispatches  a Scheme 


COLONIAL  RECORDS. 


221 


sent  to  us  of  wayes  of  suplying  youe  which  would  presently  require  the 
disbursement  of  several!  thousand  pounds  and  all  this  without  the  least 
mention  of  any  thought  how  wee  might  he  repaid  either  our  past  debts 
which  allready  amounts  to  severall  thousand  pounds  or  he  better  an- 
swered for  the  future.  But  instead  thereof  complaints  made  and  re- 
proaches insinuated  as  if  wee  had  dealt  ill  and  unjustly  with  you,  be- 
cause wee  would  not  continue  to  feed  and  cloath  you  on  without  expecta- 
tion or  demand  of  any  Returns  this  wee  must  let  you  know  put  a stop  to 
your  supplys  more  than  the  Dutch  Warr,  for  wee  thought  it  time  to  give 
of  a charge  which  was  like  to  have  no  end  and  the  Country  was  not 
worth  the  haveing  at  that  rate,  for  itt  must  he  a had  soyle  that  would 
not  mainetaine  industrious  people  or  we  must  he  verrv  silly  that  would 
mainetaine  the  idle  hut  wee  have  no  suspition  att  all  of  the  barrennesse 
or  any  other  ill  qualities  of  the  Country  which  some  of  us  are  soe  well 
assured  of  that  at  theire  own  private  charge  they  are  going  to  setle  a plan- 
tation at  Edistow  without  expecting  a farthing  assistance  from  us.  That 
Sir  John  Teamans  management  hath  brought  things  to  this  pass  wee  are 
well  Satisfied  which  yett  wee  cannot  charge  upon  his  mistake,  the  Charac- 
ter which  wee  have  received  of  him  and  his  long  acquaintance  with  Bar- 
bados and  the  world  gives  us  our  thoughts  of  him  and  perhaps  it  would  very 
well  have  Secured  his  purpose  if  wee  had  Supplyed  you  and  he  reaped  the 
profits  of  your  labour  att  his  own  Rates  and  our  own  plantation  Soe  ordered 
that  in  Reputation  people  and  Improvement  itt  might  arive  att  noe  other 
pitch  then  to  he  Subservient  in  ^visions  and  Timbr  to  the  Interest  of 
Barbados.  Consider  at  which  Rates  Sir  John  bought  our  poore  planters 
provitions  in  theire  necessity  and  how  industrious  and  nsefull  to  you 
the  generality  of  the  people  that  came  from  Barbados  have  been  and 
then  tell  ns  whether  wee  have  not  reason  to  he  of  this  minde  For  wee 
would  not  have  those  who  went  from  hence  (whom  wee  are  Still  willing 
to  encourage  bee  any  longer  mislead  and  the  people  that  have  come  to 
you  from  New  York  and  the  Northward  have  by  their  planting  and  way 
of  living  amongst  you  fully  Satisfied  us  that  they  arc  Friends  to  and  doe 
in  earnest  meane  and  desire  the  Settlement  and  prosperity  of  our  Prov- 
ince, being  therefore  willing  to  give  all  reasonable  incouragement  to  hon- 
est and  industrious  men  we  have  sent  another  supply  of  Cloathes  for 
eloathes  and  tooles  and  have  entered  into  engagement  one  to  another  to 
Send  yearly  to  voue  whereby  our  stores  shall  never  want  necessaries  for 
the  use  of  the  industrious  planters  to  be  had  att  moderate  Rates,  bv  those 
that  will  pay  for  them,  vett  wee  doe  not  intend  any  more  carelessly  to 
throw  away  our  stock  and  charges  upon  the  Idle  for  though  wee  the 
Lords  Proprietors  have  tved  one  another  by  covenant  that  none  Shall  bee 


222 


COLON  I A I,  RECORDS. 


behinde  others  in  the  Charge  of  carrying  on  this  plantation  vett  wee  are 
all  greed  not  to  make  any  more  desperate  Debts  amongst  you  though  wee 
intend  to  be  at  charge  in  procureing  vines  olives  or  any  other  useful! 
plants  or  commodities  lit  for  the  Climate  out  of  any  part  of  the  world 
and  men  Skilled  in  the  management  of  them  and  therefore  if  you  intend 
to  have  Suplyes  for  the  future  you  will  doe  well  to  consider  how  you 
will  pay  us,  in  what  comodities  you  can  best  do  it  and  how  the  Trade  of 
those  Comodities  you  can  best  procure  may  bee  soe  managed  as  to  turn 
to  account  for  in  our  trade  with  you  we  avme  not  att  the  profit  of  mer- 
chant but  the  incouragement  of  landlords  In  your  letters  you  have  been 
frequent  in  the  mention  of  a Stock  of  Cattle,  you  say  it  will  enable  you 
to  pay  your  Debts  but  do  you  not  think  if  wee  bring  cattle  thither  wee 
who  doe  not  want  ground  cannot  keep  them  & make  the  profitt  of  our 
charge  and  Venture  as  well  as  others  especially  it  being  our  dasigne  to 
have  Planters  there  and  not  Graziers  for  if  our  Intentions  were  to  stock 
Carolina  att  that  Rate  wee  could  doe  better  by  Bavlife  and  Servants  of 
our  own,  who  would  be  more  observant  of  our  orders  than  you  have 
been,  plant  in  Townes  where  we  direct  Take  up  noe  more  lands  than 
what  they  had  use  for  nor  by  a scattered  Settlement  and  large  Tracts  of 
ground  taken  up  and  not  like  to  bee  planted  these  many  years  exclude 
other  from  coming  neare  them  and  vet  complaine  for  want  of  Neighbours, 
we  rest, 

your  very  affectionate  friends 
CRAVEN. 

SHAFTESBURY. 

G.  CARTERET. 


1675. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  97.  p.  7.] 

ORDER  ESTABLISHING  THE  COMMITTEE  FOR  TRADE 
AND  FOREIGN  PLANTATIONS. 

At  the  Court  of  Whitehall  the  12th  of  March  1 674-5. 

Present. 

Lord  Keeper  Earl  of  Carbry 

Earl  of  Bridgwater  Lord  Mainard 

Earl  of  Craven  Lord  Berkeley. 

Mr  Secretarv  Williamson. 


COLONIAL  RECORDS. 


223 


The  Right  Honourable  the  Lord  Keeper  of  the  Great  Seale  of  Eng- 
land this  day  acquainted  the  'Board  of  His  Majesty’s  Command,  that  ITis 
Majesty  having  been  pleased  to  disolve  and  extinguish  his  late  Councill 
of  Trade  and  Forreign  Plantations  whereby  all  matters  under  their  cog- 
nizance are  left  loose  and  at  large,  had  thought  fit  to  commit  what  was 
under  their  inspection  and  Mannagement  to  the  Committee  of  this  Board 
appointed  for  matters  relating  to  Trade  and  His  Forreign  Plantations 
viz.  The  Lord  Chancellor,  the  Lord  Treasurer,  Lord  Privy  Scale,  Duke 
of  Lauderdale,  Duke  of  Ormond,  Marquis  of  Worcester,  Earle  of  Os- 
sory,  Lord  Chamberlain,  Earle  of  Bridgwater,  Earle  of  Essex,  Earle  of 
Garble,  Earle  of  Craven,  Viscount  Fauconberv,  Viscount  Halifax,  Lord 
Berkeley,  Lord  Holies,  Mr  Vicechamberlain,  Mr  Secretary  Coventry, 
Mr  Secretary  Williamson,  Mr  Chancellor  of  the  Exchequer,  Mr  Chan- 
cellor of  the  Dutchy,  and  Mr  Speaker,  and  did  particularly  order  that  the 
Lord  Privy  Seale,  the  Earle  of  Bridgwater,  Earle  of  Carlisle,  Earle  of 
Craven,  Viscount  Fauconberv,  Viscount  Halifax,  Lord  Berkeley,  Mr 
Vicechamberlain,  and  Mr  Chancellor  of  the  Exchequer  should  have  the 
immediate  care  and  Intendency  of  those  Affaires  in  regard  they  had 
been  formerly  conversant  and  acquainted  therewith  and  therefore  that 
any  five  of  the  last  named  Lords  should  be  a quorum  of  the  said  Com- 
mittee, and  that  their  Lordships  meet  constantly  at  least  once  a weeke,  and 
make  report  to  His  Majesty  in  Council  of  their  Results  & Proceedings  from 
time  to  time  and  that  they  have  power  to  send  for  all  Bookes,  Papers 
and  other  writings  concerning  any  of  his  Majesty’s  said  Plantations  in 
whosesover  custody  they  shall  bee  informed  the  same  doe  remavne,  and 
his  Lordship  further  signified  his  Majesty’s  Pleasure,  that  Sir  Robert 
Southwell  doe  constantly  attend  the  said  committee. 

JOHN  NICHOLAS. 

In  pursuance  whereof  their  Lordships  on  the  11th  of  August  1675 
signed  a circular  letter  to  the  Governors  of  his  Majesty’s  Plantations  viz. 

CIRCULAR  LETTER. 

After  our  very  hearty  commendations  to  you  His  Majesty  having  in 
his  wisdome  thought  fit  to  supercede  the  Commission  by  which  His  Coun- 
cill of  Trade  and  Plantations  lately  acted,  and  thereby  restoring  all  the 
business  of  that  nature  to  its  accustomed  Channel  of  a Comittee  of  His 
Privy  Council.  And  His  Majesty  having  more  especially  committed  to 
a select  number  of  the  Boon),  whereof  Wee  are,  the  care  and  manage- 
ment of  things  relating  to  His  Plantations.  Wee  have  therefore  thought 


COLONIAL  RECORDS. 


221 


it  convenient  to  give  you  advertisement  thereof,  and  as  woe  are  by  His 
Majesty’s  command  possost  of  all  the  Hooks  and  papers  of  proceedings 
of  the  said  Council,  so  that  wee  may  bee  able  to  carry  on  our  observa- 
tions, and  Knowledge  of  what  concerns  (that  Island  or  Plantation)  and 
bee  still  in  a capacity  to  give  His  Majesty  an  Account  of  the  same.  Wee 
shall  expect  from  you  a clear  and  full  aceompt  in  writing  of  the  Estate 
and  condition  in  which  you  found  and  entred  upon  (that  Island  or  Plan- 
tation) as  to  the  description  of  the  Country  and  Commodities  thereof,  the 
Laws  and  Rules  of  Government.  The  Officers  civil]  and  ecclesiastical  1 
and  Military.  His  Majesty’s  Revenue,  the  effective  force  of  His  Maj- 
esty’s pay,  the  number  of  Planters  and  People,  and  how  many  of  them 
are  men  able  to  bare  arms,  the  way  of  trade  carrved  on  both  outward  and 
inward  and  in  the  Country.  The  condition  of  the  neighboring  Countries 
and  Places  and  upon  what  Terms  you  live  with  each  other,  And  gen- 
erally of  all  things  which  von  in  your  discretion  whom  his  Majesty  hath 
trusted  with  a place  of  that  importance  shall  judge  necessary  for  our  full 
information.  And  alsoe  Wee  pray  and  require  of  you  to  transmit  unto 
us  a Journal  of  all  things  which  have  passed  since  your  arrival!  there, 
and  from  tyme  to  tvme  of  what  shall  occur  re  for  the  future  in  relation  to 
and  upon  the  distinct  heads  aforesaid.  And  soe  not  doubting  of  your 
care  to  advise  us  in  all  things  that  may  conduce  to  His  Majesty’s  service 
and  our  better  discharge  of  the  Trust  reposed  in  us,  wee  bid  you  very 
heartily  farewell 

Your  very  loving  Friends. 

From  the  Court  at 
Whitehall  the  11th  day 
of  August  1675. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  97.  p.  1.] 


AN  ACCOUNT  OF  HIS  MAJESTY’S  PLANTATIONS  IN 

AMERICA. 

(1675) 

Hi>  Majesty’s  Forreign  Plantations  in  America  are  govern’d  either  by 
Proprietors,  Corporations,  Companies  or  by  Go vernours  immediately  ap- 
pointed by  His  Majesty. 

The  Plantations  governed  by  Proprietors  are 
New  Yorke  belonging  to  His  Royal  Highness 


COLONIAL  RECORDS. 


225 


New  Jersey  belonging  to  Sir  George  Cartwright  and  others. 

Maryland  belonging  to  the  Lord  Baltimore. 

Carolina  under  which  is  also  comprehended  the  Lucaii  and  Bahama 
Islands  belonging  to  the  Duke  of  Albemarle,  Earl  of  Shaftesbury  and 
other  Lords  and  Gentlemen. 

The  Corporations  contained  within  the  bounds  of  New  England  are 
The  Colony  of  Rhode  Island  & Providence  Plantations. 

The  Colony  of  Conecticut 
The  Colony  of  New  Plimouth 

The  Colony  of  the  Massaehusets  Bay  under  which  is  at  present  com- 
prehended 

The  Province  of  Maine  and  New  Hampshire,  and  other  small  Colo- 
nies adjoining  the  first  claimed  by  Mr  Gorges,  the  latter  by  Mr  Mason. 
The  Plantations  governed  by  Companies  residing  in  England,  are 
The  Colonies  and  Factories  setled  in  Prince  Rupert’s  Land  and  Hud- 
sons Bay. 

The  Bermudos  otherwise  called  the  Summer  Islands. 

The  Plantations  governed  by  His  Majesty’s  immediate  Commissions, 
are 

Virginia  and  the  Province  of  Accomack 
The  Island  of  Jamaica 

The  Chari  bee  Islands  divided  into  two  parts  viz 
The  Windward  and  Leeward  Islands 
The  Windward  Islands  are 
Barbados  and  other  uninhabited  Islands. 

The  Leeward  Islands,  are, 

S‘  Christophers 
Nevis 
Monte  rat 
Antego 

Anguilla  and  other  uninhabited  Islands. 

There  is  besides  a Colony  of  English,  setled  upon  the  eastern  coast  of 
Newfoundland  without  Government  Eclesiastical  or  Civill,  who  live  by 
catching  fish.  All  these  Plantations  are  governed  either  by  tin*  Laws  of 
England,  or  by  Municipal  Laws,  not  repugnant  to  those  of  England. 

The  Trade  of  the  Plantations  is,  by  several  Acts  of  Parliament,  con- 
fined to  England;  whereby  no  sugar,  tobaco,  Cotton-wool,  indico,  Gin- 
ger, Fustick  or  other  dying- wood  of  the  growth  or  manufacture  of  the 
Plantations  may  be  transported  from  thence  to  any  other  place  than 


25 


COLONIAL  RECORDS. 


220 


England,  nor  any  European  Commodities  lx*  carried  thither  hut  what 
shall  be  shipped  in  England. 

The  Religion  of  the  church  of  England  is  most  practised  in  the  Plan- 
tations; but  liberty  of  conscience  is  in  all  places  allowed,  except  in  New 
England,  where  the  government  and  discipline  of  ( 'ongregational  ( 'll u relies 
exclude  all  others. 


1676. 

EXTRACTS  FROM  THE  JOURNAL  OF  WILLIAM  ED- 
MUNDSON’S  SECOND  VISIT  TO  CAROLINA. 

[Reprinted  from  “The  Friends  Library,”  Vol.  II,  pages  123  and  124.] 


“I  was  moved  of  the  Lord  to  go  to  Carolina,  and  it  was  perillous  tra- 
velling, for  the  Indians  were  not  yet  subdued,  but  did  mischief  and  mur- 
dered several.  They  haunted  much  in  the  wilderness  between  Virginia 
and  Carolina,  so  that  scarce  any  durst  travel  that  way  unarmed.  Friends 
endeavored  to  dissuade  me  from  going,  telling  of  several  who  were  mur- 
dered. I considered,  that  if  I should  fall  bv  the  hands  of  those  murder- 
ers, many  thereby  would  take  occasion  to  speak  against  truth  and  Friends; 
so  I delayed  some  time,  thinking  the  Lord  might  remove  it  from  me,  but 
it  remained  still  with  me. 

“ The  next  day  I made  ready  for  my  journey,  blit  none  ventured  to  go 
with  me,  save  one  ancient  man,  a Friend.  We  took  our  journey  through 
the  wilderness,  and  in  two  days  came  well  to  Carolina,  first  to 
James  Hall’s  house,  who  went  from  Ireland  to  Virginia  with  his  familv. 
His  wife  died  there,  and  he  had  married  the  widow  Phillips  at  Carolina, 
and  lived  there;  but  he  had  not  heard  that  I was  in  those  parts  of  the 
world.  When  1 came  into  the  house,  I saw  only  a woman  servant;  I 
asked  for  her  master.  She  said  he  was  sick.  I asked  for  her  mistress, 
she  said  she  was  gone  abroad.  I bid  her  show  me  the  room  where  her 
master  lav;  so  I went  into  the  room,  where  he  was  laid  on  the  bed,  sick 
of  an  ague  with  his  face  to  the  wall.  I called  him  by  his  name,  and  said 
no  more ; he  turned  himself,  and  looked  earnestly  at  me  a pretty  time, 


COLONIAL  RECORDS. 


227 


and  was  amazed;  at  last  lie  asked  if  that  was  William?  I. said  yes.  He 
said  lie  was  affrighted,  for  he  thought  it  had  been  my  spirit;  so  he  pres- 
ently got  up,  and  the  ague  left  him,  and  did  not  return.  He  travelled 
with  me  the  next  day,  and  kept  me  company  whilst  1 stayed  in  that 
part. 

“On  the  first-day  following,  the  appointed  a meeting  on  the  other  side 
of  Albemarle  river,  where  the  men  and  women  had  been  convinced  when 
I was  there  formerly ; but  when  we  came  the  man  told  us  his  wife  was 
just  dying,  and  it  would  not  be  convenient  at  that  time  to  have  the  meet- 
ing there.  So  we  ordered  the  meeting  to  be  about  a mile  from  thence,  at 
one  Terns’ s house,  a justice  of  the  peace,  who  with  his  wife,  was  con- 
vinced, and  received  the  truth  when  I was  in  that  country  before.  There 
we  had  a full  precious  meeting,  but  after  we  had  gone  from  the  house 
where  the  dying  woman  lay,  she  came  to  her  senses,  and  her  husband  told 
her  of  the  meeting,  and  of  me;  she  said  she  remembered  me  well,  and 
the  words  I spoke  when  I was  there  several  years  before,  were  as  fresh 
in  her  memory,  as  if  she  heard  me  speak  them  just  then  ; and  said  it  had 
been  happy  for  her  that  day,  if  she  had  lived  accordingly.  She  died  be- 
fore our  meeting  was  done,  so  that  I could  not  speak  with  her.  I had 
several  precious  meetings  in  that  colony,  and  several  turned  to  the  Lord. 
People  were  tender  and  loving,  and  there  was  no  room  for  the  priests,  for 
Friends  were  finely  settled,  and  1 left  things  well  among  them.  When 
1 was  clear  of  that  service,  we  returned  to  Virginia,  safe  under  the 
Lord’s  protection;  praises  to  his  name  for  evermore!” 

Note. — No  date  is  given  except  that  the  whole  tour  in  the  Barhadoes,  America,  &c., 
is  said  to  have  been  from  1675  to  1677  ; but  a reference  to  Bacon’s  Rebellion  seems  to 
fix  the  date  of  this  second  visit  to  Albemarle  in  the  year  1676. — Ed. 


[B.  P.  K.  ().  Colonial  Entry  Book  No.  96.  p.  69.] 

AT  THE  COURT  AT  WHITEHALL  3rd  OF  MAY  IfiTfi. 

Present 

The  King’s  most  excellent  Majesty 

The  form  of  the  Oath  to  be  taken  by  the  respective  Governors  of  His 
Maj.  Plantations  as  followeth: — 

You  shall  swear  that  you  will  to  the  best  of  your  skill  and  power  so 
long  as  you  shall  continue  Governor  of  this  Plantation  well  and  truly 


COLONIAL  RECORDS. 


•228 


execute  and  perform  all  matters  and  things  which  by  the  Statutes  made 
in  the  12th  and  15th  years  of  His  now  Maj.  reign  you  are  required  (as 
Govr  of  lids  Plantation)  to  be  sworn  to  the  performance  of,  So  help  you 
God 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  111.] 

October  218t  1676. 

Gentlemen, 

Wee  have  received  your  two  Letters  the  one  of  the  17th  November 
1675  the  other  of  the  28th  March  last  per  hands  of  Mr  Thomas  Miller; 
and  doe  in  the  first  place  assure  you;  that  wee  neither  have  nor  ever  will 
parte  with  the  County  of  Albemarle  to  any  person  whatsoever  But  will 
alwayse  maintaine  our  province  of  Carolina  entire  as  itt  is.  The  Reasons 
that  induce  us  to  this  resolution  are  such  that  wee  mayntaineand  preserve 
you  in  the  English  Rights  and  Liberties  and  in  the  next  place  your  scit- 
uation  beinge  contiguous  to  Virginia  is  of  great  importance  to  us  for  the 
well  plantinge  of  the  rest  of  our  province  which  wee  expected  should 
have  had  longe  since  a better  progress  with  you;  and  that  the  Rivers  of 
Phampleco  and  Newse  should  should  have  bin  before  this  welplanted  and 
a way  and  Jntercource  bv  Land  should  have  bine  discovered  between  you 
and  our  Plantation  on  Ashley  River,  and  the  neglect  of  these  two  has 
bine  “the  Cause  that  heitherto  wee  have  had  noe  more  Reguard  for  you  as 
lookinge  upon  you  as  a people  that  neither  understood  your  own  nor  re- 
garded our  Interests.  But  some  of  us  discourseinge  with  Mr  Eastchurch 
your  speaker,  who  is  now  come  over  to  us  and  Mr  Miller  that  Brought 
your  letters  they  have  fully  sattisfied  us  that  the  fault  was  not  in  you  but 
in  those  persons  into  whose  hands  wee  had  committed  the  Government 
and  that  severall  of  you  that  had  made  attempts  and  undertakings  for 
the  discovery  of  a way  by  land  to  the  plantation  on  Ashley  River  as 
alsoe  to  plant  more  southward  upon  those  rivers  of  Pamphleco  Newse 
were  with  great  Violence  and  Injustice  deprived  of  any  power  to  proceed 
any  further  in  such  worthy  undertakeings  and  some  of  you  that  were 
planted  on  the  South  side  of  Albemarle  River  were  commanded  back  to 
your  great  prejudice  and  inconvenience. 

W ee  doe  alsoe  further  acquaintc  you  that  wee  are  very  well  pleased  and 
sattisfied  with  your  proceedure  with  Lieutenant  Colonel  Jenkins  and  your 
Order  and  settlement  of  the  Councell  and  Government  untill  you  heard 
further  from  us  who  observe  to  our  great  satisfaction  that  in  all  your 


COLONIAL  RECORDS. 


229 


proceedings  you  maintaine  the  due  Respect  to  us  and  regard  to  faire  Jus- 
tice among  yourselves,  But  wee  must  blame  you  and  utterly  disallow  and 
disapprove  of  your  sending  Mr  Thomas  Miller  or  any  person  whatsoever 
to  he  tried  in  Verginia  or  on  of  your  owne  Precincts  which  is  a prejudice 
to  the  power  and  authority  wee  derive  from  his  Majestie’s  Grant  But 
however  for  what  is  past  wee  cannot  reflect  on  you  when  wee  consider 
the  conjunction  of  time  and  the  apprehensions  you  had  of  Sir  \Ym 
Berkeley’s  being  sole  Proprietor,  and  upon  this  oecation  wee  thinke  fltt 
to  mind  you  that  wee  utterly  dislike  tryinge  and  condemninge  any  person 
either  in  Criminall  or  Civill  causes  without  a Jury  and  that  noe  evidence 
clandestinely  taken  can  bee  of  anv  validditv  otherwise  then  to  cause  the 
Criminall  person  to  be  secured  where  the  crime  is  of  a great  nature. 

Wee  must  further  aequainte  you  that  wee  have  given  Instructions  to 
our  Governor  and  Committee  that  they  earnestly  press  and  recomend  to 
you  the  Settinge  the  South  side  of  the  river  of  Albemarle  and  that  as 
much  as  may  be  in  Townes,  it  being  a frontier  settlement  which  if  itt  be 
made  stronge  and  as  itt  ought  will  be  a Security  to  you  from  the  Incurtions 
of  the  Indians  and  wee  have  alsoe  given  them  further  Instructions  that 
they  cause  three  Townes  to  be  settled  which  shall  bee  the  porte  Towns  of 
your  County  of  Albemarle  which  places  are  the  first  Roanoke  Island 
which  wee  would  have  the  Cheife  towne  and  the  place  where  the  Conn- 
cell  assemble  should  meete  the  2nd  Towne  should  bee  placed  on  the  west  side 
of  the  Little  Rivers  mouth  the  3rd  Towne  to  bee  upon  the  neck  of  land 
betweene  Salmon  Creeke  and  Morratocke  River,  these  three  Townes  to 
bee  the  onely  places  where  the  Shipps  shall  lade  and  unlaid  and  to  have 
all  other  priviledges  which  are  necessary  for  the  supporte  of  them,  and 
upon  which  we  have  ordered  the  Government  and  Councell  to  advise 
with  the  assembly  of  the  County  more  particularly  that  such  priviledges 
as  may  be  to  advance  the  makinge  of  those  places  considerable  Townes 
and  are  proper  for  a Grant  from  us  may  be  granted  bv  us  and  such 
things  and  priviledges  as  are  more  proper  for  an  act  of  the  assembly  may 
*by  us  and  the  assembly  bee  enacted,  for  wee  must  assure  you  that  it  is 
your  and  our  Coneerne  very  much  to  have  some  very  good  Towns  in 
your  Plantations  for  other  wise  you  will  not  longe  continue  civillized  or 
ever  bee  considerable  or  secure,  there  being  no  place  in  the  world  either 
of  there  without  them. 

Wee  are  lastly  to  acquaint  you  that  wee  finding  MT  Eastchurch  your 
Speaker  to  be  a gentleman  of  a very  good  family  and  as  he  seems  to  ns 
a very  discreet  and  worthy  man  and  very  much  concerned  for  your  pros- 
perity and  wellfaire  and  bv  the  opportunity  of  his  being  here  well  in- 


230 


COLONIAL  RECORDS. 


structed  in  our  desires  concerning  these  particulars  wee  have  mentioned 
to  you  on  these  Considerations  wee  have  chosen  and  authorized  him  to 
bee  our  Governor  over  that  [tail:  of  our  province  which  you  valid  Albe- 
marle and  wee  have  appointed  several]  other  Gentlemen  for  our  deputies 
and  you  the  assembly  are  to  choose  as  many  in  number  as  our  deputies 
shall  be  to  make  upp  the  Great  Councell. 

Mr  Thomas  Miller  has  delivered  in  a paper  of  Complaints  to  us  con- 
taining great  oppressions  and  Injuryes  done  which  wee  have  thought 
most  proper  to  referr  to  the  Councell  and  assembly  upon  the  place  and 
earnestly  desire  you  will  cause  such  justice  to  be  done  him  as  his  cause 
shall  require,  and  that  you  will  sertifie  us  what  proceedings  you  shall 
make  in  it  if  it  shall  bee  soe  desired.  Wee  rest 

Your  most  assured  friends 
ALBEMARLE.  CRAVEN 

SHAFTESBURY.  CA  RTER  ETT. 

COLLETON. 

By  Mr  T HOMAS  Miller 

To  the  Present  Government 
and  Assembly  of  the  County 
of  Albemarle. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  116.] 


INSTRUCTIONS  GIVEN  BA”  US  THE  LORDS  PROPRIE- 
TORS OF  CAROLINA  UNTO  THE  GOV ERNOR 
AND  COUNCILL  OF  THAT  PARTE 
OF  OUR  PROVINCE  CALLED 
ALBEMARLE. 


Impr8  you  are  to  observe  the  rules  of  strict  justice  friendshipp  and 
amity  with  the  neighbour  Indians  and  not  suffer  them  to  have  any  just* 
cause  to  complain  of  any  oppression  or  Injustice  done  them  by  any  of 
the  English  within  your  Government. 

Item  2dly  you  are  to  send  us  by  the  next  opportunity  a true  account  of 
what  tribute  or  payment  are  rendered  by  any  of  our  people  or  officers 
from  any  of  the  Indians  and  upon  what  account  such  tribute  or  payment 
is  demanded  or  prove  due. 

Item  von  are  to  take  spetiall  care  that  Justice  be  duly  administered 
and  that  the  waves  to  attain e it  may  neither  be  tedious,  troublesome  nor 


COLONIAL  RECORDS. 


231 


chargable  for  men  of  prudence  and  of  estates  have  noe  reason  to  venture 
themselves  in  any  place  where  liberty  and  property  are  not  well  secured. 

Item  you  are  not  onely  yourselves  to  administer  Justice  duely  ac- 
cordinge  to  the  Lawes  established  But  you  are  to  promote  and  propose 
in  the  Assembly  the  makinge  of  such  Lawes  as  may  best  secure  the 
antient  and  native  rights  of  Englishmen,  and  in  particular  the  tryall  of 
all  Criminall  Causes  and  matters  of  fact  by  a jury  of  1 2.  sufficient  free- 
holders accordinge  to  the  69th  Article  in  the  fundamentall  Constitutions. 

Item  wee  propose  to  you  and  the  Assembly  to  be  considered  whethere 
it  were  fitt  to  be  enacted  that  noe  man  should  be  arrested  or  restrained  of 
his  Liberty  untill  bee  had  bine  first  lawfully  summon’d  to  appeare  or 
appearing  shall  not  give  sufficient  security  for  his  answering  the  Law 
with  his  person  and  abidinge  such  Judgement  as  shall  be  given  thereupon, 
but  in  such  Case  his  Security  are  to  stand  lvable  for  his  appearance  or 
renderinge  his  Body  But  for  the  debt  or  makeinge  satisfaction  for  the 
Judgements  given  it  should  alsoe  be  considered  how  far  the  warrant  of 
the  great  Councell  shall  bee  allowed  to  arrest  or  seize  without  such  sum- 
mons the  person  of  any  one  against  whome  proofeof  any  Capital!  Crime 
Soe  that  such  person  be  brought  to  a speedy  tryall  and  have  the  access  of 
friends  and  assistance  for  his  just  defence  allowed  him. 

Item  you  are  to  take  spetiall  care  to  prohibite  all  trade  and  commerce 
between  the  Indians  and  any  others  that  are  noe  freeholders  of  our  Prov- 
ince of  Carolina. 

Item  wee  recommend  to  you  the  setleinge  of  Plantations  and  Townes 
on  the  south  side  of  the  river  of  Albemarle  beinge  a frontier  settlement 
more  espetially  requires  that  it  bee  in  townes. 

Item  wee  expressly  order  you  that  you  cause  to  bee  settled  and  laide 
one,  three  Townes  in  our  County  of  Albemarle  which  are  to  be  porte 
Towns  and  noe  other  and  att  which  Townes  and  noe  where  else  shall  itt 
be  lawful!  for  any  shipps  or  vessells  to  lade  or  unlade  as  in  the  93rd 
Article  of  fundamentall  Constitutions  The  said  3 Townes  are  to  be  the 
first  upon  Roanoke  Island  which  wee  will  have  bee  the  chiefe  Towne 
and  the  place  for  the  Councell  and  Assembly  to  meetc  the  seconde  Towne 
must  be  placd  on  (Ik*  west  side1  of  tin1  Little  Rivers  mouth  and  the  3rd 
Towne  must  bee  upon  tin*  nook  of  land  Betweene  Salmon  Creeke  and 
Morrattocke  River. 

Item  wee  earnestly  recommend  to  you  the  Cover  nor  and  Councill  that 
you  consider  well  and  advisedly  what  priviledges,  concession,  orders  and 
rules  may  be  made  and  granted  either  by  us  alone  under  our  great  Seale 
or  by  us  and  the  assembly  by  an  act  and  that  you  propose  such  things  to 


COLONIAL  RECORDS. 


2:52 


us  by  your  next  dispatches  that  wee  may  give  order  concerning  them  as 
wee  shall  find  nieete. 

Item  you  are  to  doe  all  that  in  you  lyes  to  deverte  the  trade  of  our 
People  under  you  with  those  of  New  England  and  to  bringe  them  with 
a more  imediate  Trade  with  England  itt  beinge  acertaine  Beggery  to  our 
people  of  Albemarle  if  they  shall  buy  goods  at  2d  hand  and  soe  much  dearer 
then  they  may  bee  supply’d  from  England,  and  with  all  sell  there  To- 
bacco and  other  Commodities  at  a lower  rate  then  they  could  doe  in  Eng- 
land. Besides  the  people  of  New  England  cannot  be  friends  to  the  pros- 
perity and  Interest  of  our  plantations  which  will  certainly  in  tyme 
them  one  and  render  them  inconsiderable. 

Item  in  order  to  the  Incourageinge  a Trade  with  England  and  other 
places  you  are  to  send  us  an  exact  account  of  how  many  foot  there  is  at 
Low  water  in  your  several  1 Inlets,  what  safety  there  is  when  a shipp  is 
in  and  where  she  may  doe  best  to  unlade  or  take  in  Commodities  for  this 
has  bine  soe  concealed  and  uncertainely  reported  here  as  if  some  persons 
amongst  you  had  joyn’d  with  some  of  New  England  to  engross  that 
poore  trade  you  have  and  Keepe  you  still  under  hatches. 

Item  you  are  to  give  an  account  what  number  of  Inhabitants  you 
have  in  your  County  and  how  much  Tobacco  they  make  yearely  and 
what  numbers  of  Cattle  they  have  or  what  other  Commodities  they  have 
to  trade  with  that  may  Induce  merchants  to  come  theither. 

Lastly  you  are  upon  all  opportunities  to  give  us  an  account  of  how 
matters  stand  soe  that  wee  may  heare  from  you  if  possible  twice  and 
thrice  a vcare. 


[B.  R K.  O.  Col:  Ent:  Book.  No.  '20.  i*.  114.] 


Wee  the  Lords  Proprietors  of  the  Province  of  Carrolina  doe  consti- 
tute, authorise  and  appointe  you  Tho:  Eastchureh  Esqre  to  be  our  Gov- 
ernor and  Commander  in  Cheife  of  that  parte  of  our  Province  called 
Albemarle,  and  wee  doe  hereby  grant  unto  you  the  said  Thomas  East- 
church  all  the  powers  and  authorities  civill  and  millitary  which  by  vir- 
tue of  our  fundamental!  constitutions  a Governor  and  Commander  in 
Cheife  ought  to  have,  and  this  to  continue  during  our  pleasure,  Given 
under  our  hands  and  scales  this  21st  of  November  167(1. 

ALBEMARLE.  CRAVEN. 

SHAFTESBURY.  CARTERETT. 

COLLETON. 


COLONIAL  RECORDS. 


Q O O 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  ‘20.  p.  114.] 


Wee  the  Lords  Proprietors  of"  the  Province  of  Carolina  doe  constitute, 
authorize  and  appoint  you  Thomas  Eastchurch  Esq”  to  be  our  Governor 
and  Commander  in  Cheife  of  all  such  settlements  as  shall  bee  made  upon 
the  Rivers  of  Pampleeo  and  Newse  within  our  province  of  Carolina,  and 
wee  doe  hereby  grant  unto  Tho:  Eastchurch  all  powers  and  authorities 
Civil  and  Millitary  which  by  vertue  of  our  fundamentall  .Constitutions 
a Governor  and  Commander  in  Cheife  ought  to  have  and  this  to  continue 
duringe  our  pleasure.  Given  under  our  hands  and  scales  this  21st  of 
November  1676. 

ALBEMARLE.  CRAVEN. 

SHAFTESBURY.  CARTERETT. 

COLLITON. 


1677. 


[B.  P.  R.  O.  Colonial  Entry  Bk.  No.  105.  p.  81.] 


AT  THE  COMMITTEE  FOR  TRADE  & PLANTATIONS  IN 
THE  COUNCIL  CHAMBER  AT  WHITEHALL 
TUESDAY"  THE  17th  OF  JULY  1677 


Lord  Privy  Seale. 
Duke  of  Ormond. 
Earle  of  Craven 
Earle  of  Bath 
Ld  Bp  of  London. 


Present 

M1'  Vice  Chamberlane 
Mr  Secry  Coventry 
Mr  Secry  Williamson 
Mr  Chan1'  of  y°  Exeheqr 
Mr  Speaker. 

* * 


* 


My  Lord  Bishop  of  London  presented  to  the  Committee  a Memorial 
of  abuses  crept  into  the  Churches  of  the  Plantations  containing  nine  arti- 
cles which  are  all  read  as  follows. 

1.  That  the  Governors  Keep  Parishes  vacant  and  commission  persons 
to  officiate  without  orders. 


26 


COLONIAL  RECORDS. 


23  l 

Whereupon  it  is  ordered  that  this  abuse  be  represented  to  the  several 
Governors  of  such  Plantations  as  are  under  his  Mat,M  immediate  juris- 
diction for  redress. 

2.  That  the  profits  of  vacant  Parishes  are  converted  by  the  People  to 
their  own  use. 

This  to  be  redressed  by  the  Governors 

3.  That  Ministers  are  hired  for  time 

To  be  likewise  remedied 

4.  That  the  Ministers  are  ill  paid. 

The  Governors  in  this  particular  to  observe  the  laws  of  England. 

5.  That  in  Mariland  and  other  places  there  is  no  settled  maintenance 
for  Ministers  at  all. 

Upon  which  head  my  Lord  Baltimore  is  called  in  and  being  acquainted 
with  this  particular  a copie  is  to  be  delivered  his  Lop  of  this  Article  that 
hee  may  propose  a measure  for  the  support  of  a convenient  number  of 
Ministers  against  Thursday  next. 

And  it  is  further  agreed  that  this  defect  ought  to  bee  supplied  in  all 
the  plantations  remaining  under  propriety  and  that  letters  bee  written 
accordingly. 

6.  That  in  Virginia  there  are  noe  places  allotted  to  bury  the  dead  &c. 

Which  is  to  be  signified  to  the  Govr  for  redress. 

7.  That  the  Vestry  exercise  a power  over  the  Ministry. 

Hereupon  their  Lordships  will  consider  at  their  next  Meeting  the  Law 
of  Jamaica  which  concerns  the  Vestry  in  reference  to  the  Ministry. 

8.  That  in  Virginia  the  laws  are  not  duly  executed  prohibiting  Mar- 
riages to  be  solemnized  without  lawful  Ministers  and  persons  to  exercise 
the  Ministry  without  proofe  that  they  are  in  orders. 

These  Laws  are  to  bee  observed  in  every  place. 

9.  Tlfat  noe  care  is  taken  for  the  passage  of  new  Ministers. 

Whereupon  it  is  thought  fit  that  the  Gov”  doe  provide  for  the  expense 

of  transporting  Ministers  and  other  charges  out  of  the  profits  arising  by 
the  vacancies. 


1678. 


[B.  P.  R.  O.  Colonial  Papers.] 


The  deposition  of  Henry  Croklv  shipwright  inhabitant  in  Redriffe 
saith  y‘  in  v®  veare  1676  the  Deponant  was  in  Virginnia  belonging  to  the 


COLONIAL  RECORDS. 


23-5 


ship  Constant  of  London  Jacob  Hayes  Comandr  where  he  saw  Mr  Thomas 
Miller  and  some  acquainted  wth  him  att  James  Towne  in  Virginnia  where 
the  said  Miller  had  his  Tryall  for  treasonable  words  alleaged  against  him 
and  was  then  and  their  acquitted  from  them  by  Sr  Will"1  Berkeley  and 
his  Counsill  after  wch  clearing  in  July  following  y®  said  Miller  came  pub- 
lickly  abord  & a shore  and  that  voyage  came  for  England  in  the  sd  ship 
whereof  y®  deponent  was  carpenter  and  further  this  deponent  saitli  that 
after  y®  sd  Miller  was  cleared  as  aforesd  he  was  often  a shore  in  company 
of  one  John  Culpeper  and  severall  Magistrates  thier  in  Virginnia  and 
was  never  taxed  furthur  as  to  y®  aforesd  accusation  by  y®  sd  Culpeper  or 
any  other  person  thier  that  y®  Deponant  ever  heard  of  and  further  this 
Deponant  saith  not 

HENRY  CROKLY 

decimo  tertio  die  ffebruarii  1G77 
jurat  cor  me 

ROBT  CLAYTON  Mayor 


1679. 

[B.  P.  K.  O.  Con:  Ent:  Book.  No.  20.  p.  135.] 

INSTRUCTIONS  TO  JOHN  HEARVEY  ESQ"  PRECIDENT 
AND  THE  COUNCELL  OF  THE  COUNTY  OF 
ALBEMARLE  IN  THE  PROVINCE 
OF  CAROLINA. 

1.  Wee  haveing  agreed  upon  the  Modell  of  Government  herewith  sent 
you  signed  and  sealled  by  us  to  be  the  fundamental!  Constitutions  and 
forme  of  Government  of  our  Province  of  Carolina  for  ever,  and  not 
being  able  at  present  to  put  it  fully  in  practice  by  Reason  of  the  want 
of  Landgraves  and  Cassiques,  and  a sufficient  number  of  People,  how- 
ever intending  to  come  as  nigh  it  as  wee  can  in  the  present  state  of  aftaiers 
in  all  the  Collonys  of  our  said  Province. 

2.  You  are  therefore  required  as  soon  as  conveniently  you  can  after  the 
receipt  of  these  our  Instructions  in  our  names  to  issue  out  writts  to  tin1 
tower  Precincts  of  the  County  of  Albemarle  requiring  each  of  them  to 
elect  five  freehoulders  who  are  to  be  their  representatives,  to  whome  the 


/ 


COLONIAL  RECORDS. 


236 


live  persons  chosen  by  us  being  ailed,  and  who  for  the  present  represent 
the  Nobillitv  are  to  be  your  Assembly,  they  haveing  chosen  their  speaker 
you  are  in  our  names  to  requier  them  to  elect  live  persons  which  being 
joy ned  to  those  five  deputed  bv  us  are  to  be  the  Councell,  by  whose  ad- 
vice and  consent  or  at  least  the  Major  parte  of  six  of  them,  all  being 
summoned,  you  are  to  Governe  according  to  the  Limitations  and  Instruc- 
tions following  observing  what  can  at  present  be  put  in  practice  of  our 
fundamental!  Constitutions  and  forme  of  Government  which  Councell 
for  the  present  is  to  be  insteede  of  the  Grand  Councell  mentioned  in  our 
fundamental!  Constitutions  and  forme  of  Government,  and  to  exercise 
the  same  power  and  Jurisdictions  the  said  Grand  Councell  is  to  doe  by 
our  fundamental!  Constitutions  and  forme  of  Government. 

3.  You  are  to  cause  all  persons  so  chosen  to  sweare  Alleagence  to  our 
Soveraigne  Lord  the  King,  Fidellity  and  submission  to  the  Proprietors 
and  forme  of  Government  by  them  established;  but  in  case  any  man  for 
Religion’s  sake  be  not  free  to  sweare  then  shall  he  subscribe  the  same  in 
a book  for  that  case  provided  which  shall  be  deemed  the  same  with  swear- 
ing. Your  selfe  and  the  five  Deputys  of  the  respective  Proprietors  are 
to  represent  the  Pallatines  Court,  and  exercise  the  same  Jurisdictions  and 
powers  that  by  our  fundamental!  Constitutions  and  forme  of  Government 
to  that  Court  doth  appertaine. 

4.  You  are  by  and  with  the  consent  of  the  Councell  to  establish  such 
Courts  and  soe  many  as  you  shall  for  the  present  think  fitt  for  the  ad- 
ministration of  Justice  till  our  Grand  Modell  of  Government,  can  come 
to  be  put  in  execution. 

5.  You  are  by  and  with  the  consent  of  the  Assembly  to  make  such 
I jaws  as  you  shall  from  time  to  time  finde  necessary  which  Laws  being 
rattifyed  by  you,  and  any  three  of  our  live  Deputys,  shall  be  in  force  as 
in  that  case  provided  in  the  Twelfth  and  other  articles  of  our  fundamen- 
tall  Constitutions  and  forme  of  Government.  You  are  as  soon  as  con- 
veniently you  can  to  cause  the  Surveyor  Generali  to  divide  the  Countrey 
into  squares  of  twelve  thousand  acres  By  which  wee  intende  not  to  alter 
any  man’s  right  but  that  those  measures  and  rules  that  wee  have  agreed 
on  in  our  fundamentall  Constitutions  and  forme  of  Government  may  the 
sooner  and  easier  come  to  be  put  in  practice  amongst  you. 

6.  You  are  to  take  notice  that  wee  doe  grant  unto  all  free  persons  that 
doe  come  to  plant  in  Carolina  before  the  25th  day  of  December,  1684  and 
are  above  the  age  of  sixteene  veares  sixty  akers  of  land  and  to  the  said  free 
persons  for  every  able  man  servant  with  a good  fyerlock  tenn  pounds  of 
powder  and  twenty  pounds  of  Bullet  sixty  akers  and  for  every  other  sort 


COLONIAL  RECORDS. 


237 


of  servant  fifty  akers  to  his  or  her  proper  use  and  behoofe  and  to  their 
heirs  <fcc  for  ever. 

7.  Any  person  haveing  transported  himselfe  or  servants  into  the 
County  to  plant  shall  make  the  same  appeare  to  yourselfe  and  Councell 
who  shall  thereupon  issue  out  a warrant  to  the  Surveyor  Generali  to  lay 
him  out  a parsed  of  land  according  to  the  proportion  mentioned  in  these 
our  Instructions;  and  the  Surveyor  haveing  done  the  same  and  the  war- 
rant with  the  Surveyor  Generali’s  returne  thereon  being  recorded  and  the 
person  to  whom  the  land  is  granted  haveing  sworne  or  subscribed  Allea- 
gence  to  our  Soveraigne  Lord  the  Kinge  and  fidellity  and  submission  to 
the  Lords  Proprietors  and  their  fundamental!  Constitutions  and  forme 
of  Government  you  are  the  seale  for  that  use  provided  to  pass  this  fol- 
lowing Grant. 

Sir  George  Carteret  Knight  and  Barronet  Vice  Chamberlin  of  his 
Majesty’s  househould  one  of  the  Lords  of  his  Majesty’s  most  honorable 
privy  Councell  Pallatine  of  Carolina  and  the  rest  of  the  true  and  abso- 
lute Lords  and  Proprietors  of  Carolina  To  all  persons  to  whome  these 
presents  shall  come  greeting  in  our  Lord  God  everlasting  Know  yee  that 
wee  the  said  Lords  and  absolute  Proprietors  according  to  our  Instructions 
dated  at  Whitehall  the  5th  day  of  February  1(578-1)  remaineing  upon  record 
in  the  County  of  Albemarle  in  the  Province  aibresaide  doe  hereby  grant 
unto  A.  B.  of  the  said  County  planter  a plantation  containeing  akers 
of  land  English  measure  lying  and  being  in  the  precinct  of  A.  in  the 
County  of  bounded  N the  said  land  being  due  to  the  said  A.  B. 
by  and  for  the  transportation  into  the  County  of  persons  whose 

names  are  upon  Record  under  this  pattent  to  have  and  to  houlde  the  said 
Plantation  unto  the  said  A.  B.  his  lieires  and  assignes  for  ever  with 
priviledge  of  Hawking  hunting  fishing  and  fowling,  with  all  woods  and 
trees  with  what  else  is  there  growing  standing  and  being  except  all  mines 
mineralls  all  Quarrys  of  jems  and  Pretious  Stones  Yealding  and  paying 
therefore  unto  us  and  our  lieires  and  successors  yearly  every  29th  day  of 
September  according  to  the  English  aceompt  one  penny  of  lawfull  English 
money  or  the  value  thereof  for  every  of  the  said  Akers  to  be  houlden  of 
us  in  free  and  common  Soccage  the  first  payment  of  the  Rent  to  begin 
the  29th  of  September  which  shall  be  in  the  yeare  1(584  Provided  always 
that  if  the  said  land  be  not  seated  within  one  yeare  after  the  date  hereof 
then  this  pattent  to  be  voide  else  to  stand  in  full  force  Given  at 
Under  the  Seale  of  the  County  of  Albemarle  this  Day  of  Anno 
Domini  Being  the  yeare  of  our  possession  of  our  Province 

of  Carolina.  Witness  John  Harvey  Esq”  President  and  Commander  in 


238 


COLONIAL  RECORDS. 


Cheefe  of  our  .said  County  and  our  trusty  and  welbeloved  our  Councel- 
lours  who  have  hereunto  set  their  hands  the  day  and  yeare  above  saide. 

8.  Although  by  our  fundamental]  Constitutions  wee  have  reserved  to 
ourselves  one  penny  per  aker  rent  of  all  lands  in  Carolina  Yet  for  as 
much  as  there  are  divers  persons  in  the  County  of  Albemarle  who  were 
possest  of  land  there  by  virtue  of  Grants  from  Sir  William  Berkeley  at 
one  farthing  per  aker  quitt  Rent  and  others  were  possest  of  and  had 
Rights  to  land  whilst  by  our  Instructions  to  our  Governours  of  Albe- 
marle wee  reserved  to  ourselves  but  one  halfe  penny  per  aker  quitt  Rent, 
wee  think  it  just  that  those  persons  should  injoy  their  lands  under  the 
same  quitt  rents  they  were  granted  to  them  when  by  virtue  of  our  Instruc- 
tions Lands  were  due  to  them  for  haveing  come  into  the  Countrey  them- 
selves or  brought  or  sent  servants  to  plant  there,  Wherefore  you  are  in 
our  names  and  according  to  the  forme  in  these  Instructions  prescribed  to 
pass  our  grant  to  all  persons  at  one  farthing  per  aker  quitt  rent  who  shall 
desire  such  grants  and  shall  make  it  appeare  to  yourselfe  and  our  Depu- 
ties that  they  had  grants  from  Sir  William  Berkeley  under  that  quitt 
rent  before  the  25th  day  of  December  in  the  yeare  of  our  Lord  1G63  and 
have  not  forfited  the  same  by  virtue  of  the  Act  of  the  Parliament  there 
by  us,  past  and  confirmed  the  20th  of  January  1G69  intituled  an  Act  for 
the  spedier  seating  of  Land,  and  you  are  to  pass  the  like  Grants  at  one 
halfe  penny  per  aker  quitt  rent  to  all  persons  who  shall  desire  the  same 
and  have  rights  to  land  before  the  publishing  these  Instructions  and  have 
not  forfited  the  same  by  Virtue  of  the  Act  aforesaide,  but  you  are  not  in 
the  grants  of  one  farthing  per  aker  nor  one  halfe  penny  per  aker  to  allow 
the  same  time  for  the  beginning  of  the  payment  of  quitt  Rent  that  is 
allowed  to  those  who  are  to  pay  one  penny  per  aker  quitt  Rent,  for  wee 
expect  those  who  are  to  pay  but  one  halfe  penny  per  aker  quitt  rents, 
their  rent  shall  be  paid  from  the  time  they  ought  to  have  bin  paide  by 
virtue  of  our  Instructions  if  the  persons  had,  had  their  lands  pattented 
as  soon  as  it  was  run  out  for  them  and  those  who  hath  pattents  from  Sir 
William  Berkelv  before  the  yeare  of  our  Lord  1663  wee  expect  should 
pay  the  said  quitt  rents  from  the  time  they  were  to  have  paid  them  by 
the  said  pattents. 

9.  You  are  to  choose  some  fitting  place  in  a Collonv  whereon  to  builde 
the  cheefe  towne  of  Albamarle  in  the  choice  of  which  place  you  are  to 
have  regarde  to  health  plenty  and  easy  access,  you  are  to  endeavoiy  to 
get  the  Parliament  to  raise  where-withall  to  build  a house  for  the  meat- 
ing  of  the  Councell  and  Parliament  in  the  said  towne  and  when  the  said 
house  is  erected  the  Councell  and  Parliament  are  alwaves  to  sitt  there 


COLONIAL  RECORDS. 


230 


and  also  the  Surveyors  Registers  and  Secretary*  offices  are  there  to  be 
kept  and  in  no  other  place,  and  also  the  Court  of  Common  please  and 
Sessions  of  the  peace,  and  you  are  to  get  the  Parliament  to  pass  an  Act 
that  noe  Store  shall  be  kept  Strong  drink  or  any  goods  soulde  by  retayle 
but  in  the  said  towne  and  you  are  to  cause  all  vessels  that  shall  come  into 
Albemarle  river  there  to  loade  and  unloade  as  by  our  fundarnentall  Con- 
stitutions is  required. 

10.  You  the  President  of  our  said  Councell  are  to  be  Commander  in 
Cheefe  of  all  the  forces  raised  or  to  be  raised  in  our  County  of  Albamarle 
over  whom  you  are  to  place  officers  and  to  cause  them  to  be  duelv  exer- 
cised in  Armes,  and  to  doe  all  other  thing  and  things  that  to  a Com- 
mander in  Cheefe  of  an  Army  doth  belong,  and  you  are  to  summon  the 
Councell  to  meet  as  often  as  you  shall  see  cause  and  are  to  doe  and  exe- 
cute all  those  powers  and  authoritys  which  bv  virtue  of  our  funda- 
mental! Constitutions  temporary  Lawes  or  Instructions  a Governor 
ought  to  doe. 

11.  You  are  also  by  and  with  the  consent  of  the  Major  parte  of  our 
Deputys  to  adjourne  prorogue  and  dissolve  the  Parliament  as  to  you 
shall  seeme  most  convenient  for  the  good  and  quiet  of  our  County. 

Given  under  our  hands  at  Whitehall  this  5th  day  of  February  1 (178-9. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  131.] 


Sir  George  Carteret  Knight  and  Barronet  Vice  Chamberlin  to  his  Ma- 
jesties househoulde  and  one  of  His  Majesties  most  Honourable  Privy 
Councell  Pallatine  and  the  Rest  of  the  true  and  absolute  Lords  and  Pro- 
prietors of  the  Province  of  Caroline 

Doe  hereby  During  our  Pleasures  Comissionate  apointe  and  Impower 
you  Rob*  Holden  to  march  with  such  men  as  von  shall  thinke  convenient 
and  are  willing  to  goe  along  with  you  into  the  parts  of  our  province  of 
Carolina  that  are  not  already  fully  discovered  either  on  this  side  or  be- 
vonde  the  Apaletean  Mountaines,  and  wee  Doe  hereby  Constitute  and 
apointe  you  the  said  Robert  Houlden  to  be  Commander  in  cheefe  over 
such  men  as  from  time  to  time  shall  be  willing  to  undertake  any 
Voyages  of  Discovery  with  you  and  to  Exercise  such  powers  Authori- 
tes  and  jurisdictions  over  the  slide  men  who  shall  soe  march  with 
you  as  to  a Commander  in  cheefe  doth  properly  belong;  hereby 
strictly  requireing  the  said  men  to  yealde  Due  obedience  to  you  the 


240 


COLONIAL  RECORDS. 


said  Robert  Houlden  as  to  their  Commander  in  Cheef;  and  for  the 
better  Government  of  the  said  men  who  shall  from  time  to  time  Accom- 
pany you  on  any  Voyages  of  Discovery,  Wee  Doe  hereby  impower  you 
from  time  to  time  to  Comissionate  and  apointesueh  fnferiour  officers  un- 
der you  as  to  you  shall  scenic  meet  and  convenient  which  ( 'omissions  are 
to  take  place  as  soon  as  you  the  said  Rob1  Holden  beginn  your  March 
and  to  cease  upon  your  reenteranee  into  the  County  of  Albemarle;  and 
wee  doe  hereby  strictly  Injoineall  other  persons  of  our  County  of  Albe- 
marle not  to  undertake  or  intermeddle  in  any  discovery  unless  thereunto 
Comissionated  by  you  and  you  are  to  follow  such  Instructions  as  are 
herewith  given  you  and  that  you  from  time  to  time  shall  receive  from  ns, 
Given  under  our  hands  and  scales  this  19th  Day  of  February  1678-9 
ALBEMARLE.  G.  CARTERET. 

SHAFTSBURY.  CRAVEN. 

P.  COLLETON. 


[B.  P.  K.  O.  Col:  Ent:  Book.  No.  20.  p.  132.] 


Sir  George  Carteret  Knight  and  Barronet  Vice  Chamberline  to  his 
Majestic’ s househoulde  and  one  of  his  Majestic’s  most  honourable  privy 
Councell  Pallatine  and  the  Rest  of  the  true  and  absolute  Lords  Proprie- 
tors of  the  Province  of  Carolina 

To  all  whome  these  presents  shall  come  greeting  Know  yee  that  wee  Doe 
hereby  (During  our  pleasures)  constitute  apointe  authorize  and  Impower 
Robert  Houlden  for  us  in  our  names  and  to  our  uses  to  looke  after  Re- 
ceive and  Recover  all  Wrecks  Ambergrice  or  any  other  Ejections  of  the 
Sea  that  by  Virtue  of  his  Majestie’s  Letters  pattents  doe  to  us  apertaine 
or  belong  and  if  neede  be  to  sue  for  and  Recover  the  same  and  acquitances 
and  other  Discharges  to  give  in  our  names  for  which  he  shall  Receive 
by  Virtue  of  these  presents  and  to  doe  and  act  all  other  thing  and 
things  which  we  ourselves  lawfully  might  doe,  in  order  to  the  Sewing 
for  or  the  Recovering  the  same,  and  Doe  hereby  strictly  Injoine  all  per- 
sons whatsoever  from  Intermedling  herein  unless  thereunto  Comistion- 
ated  or  deputed  bv  the  said  Rob*  Houlden  Given  under  our  hands  and 
Seales  this  19th  Febry  1678-9. 

ALBEMARLE.  * G.  CARTERET 
SHAFTSBURY.  CRAVEN. 

P.  COLLETON. 


COLONIAL  RECORDS. 


241 


[B.  P.  R O.  Col:  Ent:  Book.  No.  20.  p.  134.] 


INSTRUCTIONS  FOR  M‘  ROBERT  HOLDEN. 

You  are  as  soon  as  conveniently  you  can  after  your  Arivall  in  Albe- 
marle to  gether  the  Areares  of  our  Quit  Rents  and  if  you  Receive  it  in 
Tobacco  you  are  to  consigne  the  same  to  the  Right  Honourable  Anthony 
Earle  of  Shaftsbury  and  Sir  Peter  Colleton  for  the  use  of  the  Proprie- 
tors of  Carolina  and  the  like  you  are  to  doe  with  all  you  shall  receive  of 
the  Rents  that  shall  become  due. 

You  are  alsoe  to  consigne  to  the  said  Earle  of  Shaftsbury  and  Sir 
Peter  Colleton  for  our  uses  all  that  you  shall  gctt  of  any  wrecks,  amber- 
griee  or  other  ejections  of  the  sea. 

You  are  from  time  to  time  to  give  an  aceompt  to  M1'  Seth  Southwell 
if  he  desires  it  what  you  have  received  for  Rents  or  Wrecks  and  what 
Ambergrice  you  have  gotten  or  have  notice  of  that  others  have  founde. 

For  your  paines  in  collecting  and  sloping  our  rents  and  looking  after 
wrecks  ambergrice  and  other  ejections  of  the  sea  to  us  apertaining  wee 
doe  allow  you  the  tenth  parte  of  all  Received  or  Recovered  bv  you  and 
sent  to  us. 

You  are  from  time  to  time  to  give  information  what  diseoverys  you 
have  made  of  the  Inland  parts  of  our  Province  what  Nations  you  finde 
and  as  neare  as  you  can,  the  number  of  fighting  men  of  each  nation,  and 
what  mineralls  you  have  observed  or  found  in  your  Voyages  of  diseove- 
rys, and  for  your  Incoragement  wee  doe  give  and  grant  unto  you  a tenth 
parte  of  all  mines  and  pretious  stones  you  shall  discover  and  a fifth  parte 
of  any  trade  you  shall  discover  with  any  nations  either  amongst  or  be- 
yonde  the  Apeletian  Mountains. 

You  are  to  take  into  possession  for  our  uses  all  Estates  either  real  or 
personal  which  by  virtue  of  his  Majesty’s  Lettters  Pattents  doe  escheate  to 
us,  and  are  from  time  to  time  to  give  us  notice  of  any  estate  that  is 
escheated  and  send  us  an  Inventory  thereof  that  wee  may  give  you 
directions  how  it  shall  be  disposed  of. 

ALBEMARLE. 

SHAFTSBURY. 

P.  COLLETON. 


(i.  CARTERET. 
CRAVEN. 


212 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Papers.] 


TO  ALL  THE  INHABITANTS  OR  ANY  THAT  MAY 
ARRIVE  IN  THE  COUNTY  OF  ALBEMARLE. 

This  is  to  certify  that  I have  seene  a proclamation  signed  by  Capt. 
Tymothy  Biggs  wherein  he  declared  himselfe  Depty  to  the  Earle  of  Cra- 
ven and  Comptroller  & Surveyor  Generali  of  his  Maties  Customes  and 
that  he  is  ready  to  enter  & cleare  any  vessell  or  vessells  that  may  here 
arrive  and  to  the  intent  that  noe  person  whatsoever  may  be  deluded  or 
run  into  danger  by  meanes  of  the  said  proclamation  I doe  hereby  declare 
that  as  to  his  being  Depty  as  aforesaid  I dispute  not  but  never  understood 
that  a Comptroller  or  Surveyor  of  the  Customes  had  the  prerogative  of 
entring  or  clearing  any  vessell  but  that  it  belongs  to  the  Collector  which 
1 am  till  another  appeare  A therefore  whoever  shall  enter  or  cleare  with 
him  thinking  they  have  done  their  duty  therein  he  or  they  may  be  hereby 
informed  that  I will  make  seizure  of  them  & bring  them  to  tryall  accord- 
ing to  Act  of  Parliament. 

Dated  Febry  25th  1678-9 

JOHN  CULPEPER  Colleetor 


[Indorsed  ] 

Culpeper’s  Declaration 
agst  T.  B.  when  T.  B. 
was  pulled  downe 

Read  the  7th  Febry  1 679-80. 


[B.  P.  R.  O.  Colonial  Papers.] 


May  it  Please  your  Lord 1,8 

In  obedience  to  your  Lordp8  Reference  of  the  11th  March  last  Signi- 
fyed  to  us  by  Mr  Guy  we  have  Considered  the  Petieon  of  Rene  Petit  his 
Maties  Agent  at  Rouen  and  Jacob  Guerard  of  Normandy  Gent.  & Sr 
Thomas  Dolmans  Lr  thereupon  of  the  14  of  the  same  month  and  in  an- 
swer thereunto  we  do  humbly  offer  That  (as  we  are  informed)  the  quantity 
of  Tobacco  that  groweth  in  Carolina  and  those  Parts  is  considerable  & 
Increaseth  every  yeare  but  it  will  not  appear  bv  the  Customhouse  bookes 


COLONIAL  RECORDS. 


243 


what  customes  have  been  received  in  England  for  the  same  for  that  by 
reason  of  the  Badnesse  of  the  Harbours  in  those  parts  most  of  the  To- 
baccoes  of  the  growth  of  those  Countreyes  have  been  and  are  Carrved 
from  thence  in  Sloopes  and  small  fetches  to  Virginia  & New  England  & 
from  thence  shipped  hither.  So  that  the  Entries  here  are  as  from  Vir- 
gin11 & New  England  although  the  Tobacco  be  of  the  growth  of  Carolina 
& Albemarle.  And  as  to  what  is  desired  That  his  Matie  would  be  pleased 
to  Send  the  Petitioners  two  of  his  small  ships  for  the  Transportation  of 
about  fourscore  Protestant  ffamilies  to  Carolina  and  that  Two  thousand 
pounds  sterling  which  is  to  be  advanced  towards  this  undertaking  may 
be  reimbursed  to  the  adventurers  out  of  the  first  Moneyes  acerewing  to 
his  Mat,e  by  bringing  into  England  the  Comodities  of  that  same  Planta- 
tion; We  humbly  answer. 

ffirst  That  it  is  not  said  in  the  Petition  that  these  ffamilies  are  now  in 
parts  beyond  y9  Seas,  A would  come  hither  on  purpose  to  be  transported 
for  Carolina  but  that  for  ought  appears  they  may  be  Protestant  ffamilies 
that  are  already  settled  here,  and  we  canot  advise  that  his  mat,e  should 
give  any  Incouragement  to  any  People  who  are  settled  in  this  King-dome 
whether  Natives  or  fforreigners  to  transport  themselves  from  hence  into 
any  of  his  Mat19'  Plantations  or  Ireland  On  the  contrary  we  are  of  opin- 
ion that  there  are  too  many  ffamilves  that  do  day  lye  Transport  them- 
selves both  to  the  Plantations  & to  Ireland  to  the  to  the  unpeopling  & 
mine  of  this  Kingdome.  And  we  arc  of  Opinion  that  means  are  rather 
to  be  used  for  the  hindring  then  the  promoting  thereof  but  if  these  ffami- 
lies are  now  really  in  parts  beyond  the  Seas,  we  think  that  the  Encourag- 
ing of  them  to  come  over  to  goe  to  Carolina  is  a very  good  Work. 

2.  But  we  do  further  offer  that  the  Colony  being  given  by  his  Ma“e 
in  Propriety  to  sever11  Lords  Proprietors  We  see  noe  reason  why  his 
Mau*  should  be  at  y*  charge  of  Peopleing  that  Colony  but  that  the  same 
ought  to  be  borne  by  those  to  whom  his  Ma,io  hath  given  the  same  in 
Propriety. 

3.  The  Customes  upon  Tobacco  are  soe  considerable  being  two  pence 
^ pound  That  if  Carolina  should  be  ^knitted  to  Import  Tobacco  Cus- 
tom free  It  would  be  a very  great  discouragem*  to  his  Mat,es  other  Colo- 
nyes  who  plant  Tobacco.  And  besides  Carolina  is  soe  nigh  to  Virginia 
A Albemarle  that  in  this  case  the  Tobaccoes  of  those  parts  would  in  small 
Boats  be  carrved  to  Carolina  A be  shipped  hither  in  small  Ketches  as 
Tobacco  of  the  growth  of  Carolina  A it  would  be  Impossible  to  prevent 
this  fraud. 


211 


COLONIAL  RECORDS. 


4.  But  whereas  the  Pretence  of  Transporting  these  (families  is  for  the 
setting  up  of  the  Trade  of  si  Ikes  Wines  and  Oyles  We  doe  offer  that  in 
case  his  Majtie  shall  think  tit  to  do  any  thing  in  this  business  That  it  may 
be  by  granting  to  the  Petitioners  a Proportion  not  exceeding  one  lialfe 
part  of  such  customes  as  shall  Arive  upon  Wines  silkes  & Oyles,  & due 
care  to  be  taken  that  there  be  good  and  authentick  proofs  that  the  said 
Comodities  are  of  the  growth  of  that  place  & that  the  allowance  to  be 
made  by  his  Matie  be  upon  such  W ines,  Silkes  and  Oyles  only  as  shall  be 
imported  imediately  from  Carolina  into  the  Port  of  London  for  the  more 
Exact  Keeping  the  Aceompt  & preventing  frauds  & abuses  to  be  put 
upon  his  Matie  by  importing  silkes  wines  and  oyles  of  other  Countreyes 
as  if  from  Carolina. 

Custom  house  Loud"  All  wch  is  humbly  submitted  to 

14th  April  1(579.  your  Lordrs  Consideration. 

RICH  TEMPLE. 

H.  MILLINGTONY  CH:  CHEYNE 

G.  DOWNING.  JOHN  UPTON 


[B.  P.  R.  ().  Colonial  Papers.] 


ROBERT  HOLDEN  TO  COMMr8  OF  CUSTOMS  10  JUNE 

1679. 

Boston  in  New  England  June  10th  1679. 
May  it  please  your  Honours, 

Since  my  arrivall  at  this  place  (in  order  to  my  passing  for  the  County 
of  Albemarle  in  the  Province  of  Carolina  having  received  from  yr  Hon” 
Commission  & Instructions  for  the  collection  of  His  Majesty’s  Customs 
&c.)  haveing  met  with  divers  informations  tending  to  my  place  there  A 
the  frauds  used  by  the  traders  here  about  Tobacco  transported  thence  to 
this  place  and  else  where,  It  is  my  duty  (&  ^ the  greatest  injunctive  tie 
devised)  to  give  information  of  all  affaires  thereunto  relating  as  also  ^ 
severall  articles  in  my  Instructions  required  in  such  negociations  to  serve 
the  King  faithfully  in  ye  misdemeanours  of  his  subjects  about  the  de- 
frauding of  customes  &e.  The  subwritten  accompt  of  such  affaires  in 
here  inserted. 

About  \ dozen  traders  of  this  place  with  their  complices  receive  the 
greatest  part  of  the  production  of  tobacco  in  the  County  of  Albemarle  in 


COLONIAL  RECORDS. 


245 


the  Province  of  Carolina  annually  A ^ a person  whom  through  their 
interest  \vth  the  people  have  factiously  made  one  Mr  Culpeper  (a  Gentle- 
man I Know  not)  the  Collector  of  his  Maty’s  Customes,  by  which  meanes 
they  & lie  have  played  such  notorious  pranks  with  the  specious  pretences 
of  doing  justice  and  preserving  the  King’s  rights  that  a people  and  Cus- 
tomes Treasure  were  never  more  infatuated,  cheated  and  exhausted  bv 
the  current  late  received  stamp  in  these  parts  of  New  England  Christian 
policy. 

And  as  the  Tobacco  trade  current  causeth  their  concourse  thither  A' 
their  wayes  to  leniate  y®  impost  (which  the  other  subjects  of  the  King- 
pay)  resteth  not  there,  for  from  thence  brought  hither,  they  have  liberty 
without  farther  examination  here  to  carry  the  same  to  Ireland,  Holland, 
France,  Spain  or  any  other  place  under  the  notion  of  fish  and  such  like 
goods  by  which  the  trade  is  so  diverted  from  the  true  rules  of  Commerce 
that  trafique  in  this  Western  world  must  be  monopolized  in  this  Com- 
modity only  to  New  England  & the  rest  of  His  Majesty’s  people  so  trad- 
ing must  become  Bostoniz’d  or  relinquish  dealing  if  special!  care  is  not 
had  thereto  & a settlement  of  Customes  here  with  the  King’s  Officers. 

That  the  Canary  trade  in  like  nature  is  carried  on:  Ships  from  hence 
go  thither  & load  wines,  touch  at  Maderas  or  some  other  of  the  Western 
Islands  A there  take  about  a tun  of  their  wines  which  they  put  in  the 
hatchway  coming  home;  From  whence  your  ship?  From  Maderas,  with 
their  lading  Wines,  & so  draw  off  the  upper  Cashes  for  a taste  A so  the 
whole  ship  under  this  notion  is  unladed  without  further  enquiry.  I was 
told  this  by  one  who  saled  in  a ship  that  practised  it. 

That  the  Seotish  Trade  by  the  like  Legerdemain  jugl.es  is  driven.  A 
ship  at  Newcastle  Berwick  Poole  Ac.  toucheth  taketh  in  coals  or  some 
slight  goods,  goes  for  Scotland  and  there  receives  great  quantities  of  linen 
A other  Seotish  goods  what  they  think  best  to  bring  A coming  here  bv 
her  English  clearings  at  the  Ports  Ac.  abovesaid  passeth  for  current  with- 
out farther  inquisition. 

The  French,  Spanish  A what  Country  else  European  trade  in  like 
nature  passeth  home  under  the  pretence  of  French  or  Spanish  salt  Ac. 
by  which  from  France  they  import  all  that  Country  wares  as  Linen, 
Wines,  Rubans,  Silks  Ac.  from  Spaine  wines,  fruits,  oyle  Portugall  the 
like  goods  Ac.  from  hence  transport  as  aforesd  under  the  notion  offish  to 
all  these  places  what  will  turn  to  account. 

Here  is  just  now  a ship  returned  from  Madagascar  by  the  way  put 
severall  Negroes  on  shore  at  Jamaica,  she  touched  I hear  at  severall  parts 


COLONIAL  RECORDS. 


246 


of  East  India  & besides  hath  brought  Elephant  teeth  where  she  got  them 
knows  not,  she  hath  been  a year  & l out. 

The  fame  that  this  place  hath  bore  in  this  Western  part  of  the  World 
as  well  as  elsewhere  (in  this  article  makes  me  somewhat  digress)  about 
their  church  governm*  and  integrity  of  life  in  breef  is  now  almost  wholy 
devoured  with  Christian  Policy  of  New  England  by  which  meanes  they 
have  made  their  adoration  their  prime  best  Commodity  of  Merchandize 
A:  their  Zeale  their  cheef  breaker,  as  their  occasions  and  affares  in  the 
world  shall  require,  that  these  two  now  may  pass  for  the  grand  Cheates 
of  the  world. 

For  my  part  1 have  thought  this  my  duty  both  to  my  King  & your- 
selves in  that  place  (under  your  favor)  I enjoy,  to  advise  that  these  irreg- 
ular courses  may  be  prevented  & care  taken  as  your  wisdomes  herein  may 
appoint,  without  which  not  only  many  of  His  Maty,e  Liege  People  will 
be  oppressed;  But  my  Masters  the  Lords  Proprietors  of  the  County  of 
Albemarle  in  the  County  of  Carolina  will  through  their  interest  of  trade 
there  be  kept  in  faction  & Rebellion  as  now  it  is  and  for  severall  yeare 
hath  been  & they  the  cause  wholv  that  their  Lordships  government  can- 
not take  place. 

I shall  omitt  no  time  nor  paines  in  the  execution  of  my  office  accord- 
ing to  my  capacity  & wholy  follow  your  Instructions  and  Orders  & in- 
deavour  to  regulate  within  my  power  & by  all  opportunities  give  advice 
of  all  occurrences. 

In  the  12th  Article  of  Instructions  is  expressed  a Copy  of  his  Maj“3 
Proclamation  of  the  24th  Novr  in  y°  27th  yeare  of  his  Reigne  relating  to 
European  wares  and  Merchandize  delivered  me  &c,  which  I have  not 
neither  in  the  Book  of  Rates  can  I find  it  inserted.  I desire  Yor  Hon” 
by  the  next  conveniency  to  send  me  all  the  Proclamations  that  have  been 
tending  to  His  Majts  Customes;  that  according  to  my  place  I may  cause 
publick  reading  of  them  in  our  Country  with  what  else  may  farther 
relate  to  my  more  full  & truly  excecuting  my  place. 

I subscribe  my  self 

Yor  Hon”  most  humble  bounden  Serv* 
ROBERT  HOLDEN 

Within  this  2 or  3 dayes  I depart  hence  for  Albemarle  County  in  y* 
Province  of  Carolina  having  been  about  10  dayes  here.  R.  H. 


COLONIAL  RECORDS. 


247 


[B.  P.  R.  O.  Colonial  Papers.] 


The  humble  proposalls  of  Tymothy  Biggs  to  the  most  illustrious  & 
Rt.  Honble  Lords  Proprietors  of  his  Mat,es  Colony  of  Carolina  I presume 
that  yor  Lops  having  beene  out  considerable  sumes  of  money  for  the  well 
planting  the  south  parts  of  your  Province  with  hopes  of  a further  Answere 
of  your  Expectation  then  you  may  have  hitherto  had  Possibly  may  be  a 
Reason  of  unwillingnesse  in  your  Lordps  to  Lance  out  no  further  But 
I humbly  propose  to  vour  Lordrs  That  nothwithstanding  you  have  not 
beene  out  as  yet  any  thing  upon  that  County  in  v®  Province  called  Albe- 
marle yet  ye  Inhabitants  have  lived  and  gott  Estates  under  yr  Lord118 
there  by  their  owne  Industry  and  brought  it  to  the  capacity  of  a hope- 
full  Settlement  and  ere  these  had  it  had  your  Lord'18  smiles  A assistance 
but  a tenth  part  of  what  your  Southern  parts  have  had  It  would  have 
beene  a Flourishing  Settlement  But  People  having  no  assurance  of  their 
Lands  (for  that  yet  never  any  Patents  have  beene  granted  under  yor 
Lord1*8  to  the  Inhabitants)  is  matter  of  great  discouragement  for  men  of 
Estates  to  come  amongst  us  because  those  already  seated  there  have  no 
assurance  of  their  enjoyment. 

As  to  our  Inletts  Virginia  being  so  neare  us  when  the  Government 
shall  be  well  settled  (our  Land  exceeding  Virginia  & our  Stocks  ofCat- 
tell  not  requireing  fodder  as  Virginia  doth)  will  draw  men  of  Estates 
amongst  us  who  may  by  building  small  Vessel  Is  send  our  Tobacco  to 
sliipp  that  lye  at  Virginia  Capes  and  have  freight  cheaper  for  delivering 
the  same  on  board  for  that  many  ships  are  forced  by  their  sloops  to  fetch 
their  tobacco  further  than  our  place  i>  from  Virginia  And  the  goodnesse 
of  our  Tobacco  will  advance  the  price  to  countervaile  the  charge. 

That  the  present  yearely  Product  of  our  eomodity  (to  say)  Tobacco  in 
vor  County  of  Albemarle  pays  his  Ma*“  for  Custome  at  least  80004;  ster- 
ling And  the  yearly  product  may  be  s'*  to  be  worth  many  thousand 
pounds  besides  our  great  stock  and  the  Indian  Trade  woh  were  we  sup- 
plied directly  from  England  would  much  advance  your  Settlement. 

That  it  would  be  great  Encouragement  to  People  to  well  Plant  and 
remove  to  yor  Lord1’8  sd  County  A to  vor  Lord1'*  profitt  if  did  as  at  vor 
Lord1’8  South  Settlem*  Carry  on  Plantations  there  which  would  Answer 
yor  Expectations  without  being  a fourth  part  out  to  what  some  of  yor 
Lord1'8  have  beene. 

Bee  pleased  to  consider  a necessity  for  yor  speedy  & effectual  I suppress- 
ing y®  Rebellion  though  at  some  charge  by  a small  force  for  that  not  onely 


248 


COLONIAL  RECORDS. 


his  Maj'ys  Customes  are  unpayd  & yor  Lord1'8  interests  lye  at  stake  by  y* 
great  Injury  it  will  be  to  y®  neighbouring  Governin'8  as  New  England, 
New  Yorke,  Maryland  & Virginia  by  servants,  Slaves  & Debto"  flying 
thither  wch  will  in  eontinuanee  of  time  make  them  so  stronge  as  small 
matters  will  not  then  do  it  & 1 am  sure  a Vessell  with  8 or  10  Guns  A: 
full  power  to  beat  up  for  Volunteers  in  Virginia  to  suppresse  them  if 
they  refuse  on  Proclamation  of  Indempnity  to  come  in  & submitt  them- 
selves to  yor  Lord1’8  exeept  2 yr  3 persons  that  are  Promoters  of  the  said 
Rebellion  which  reguard  of  yor  Lord1’1’8  will  be  a discouragem'  to  the 
Rebells  encourage  the  Inhabitants  A others  to  live  undr  yor  Lord1” 
protection. 

I n or  about  Aprill  1 (578 

1 doe  Averr  that  these  Proposal  Is  were  tendred  to  ye  Lds  Prprtre  in 
London  by  mee  cfc  yft  ordretl  mee  upon  y®  same  to  give  my  deposition  & 
it  to  offer  to  y®  Ld  Tresurer  wtb  mv  pitition  y®  woh  I did  & his  Grace 
Duke  of  Albemarle  Presant.  & they  ordrd  y®  same  to  come  befor  y®  Kings 
Majty  & Counscill  woh  was  aeordingly  agreed  on  bv  ye  Lods  Propriat”,  but 
after  upon  what  considerations  of  thers  I know  not,  I was  Comanded  by 
ye  sd  Lords  To  forbeare  offering  it  or  proceeding  any  further  therein 

This  is  for  a trouth  given  Undr  my  hand  this  15th  Aug8'  1(579 

TIMO  BIGGS 
Depty  for  y®  Earle  of  Craven 

I the  subscrib1  doe  averr  and  am  ready  to  be  deposed  y‘  y®  above  attes- 
tation and  averrm'  to  the  Send'  of  y®  aforesd  Proposalls  is  the  hand  of 
Mr  Timothy  Biggs 

JNO  TAYLOR 

1679 


[B.  P.  R.  O.  Colonial  Papers.] 

THE  REMONSTRANCE  OF  THE  INHABITANTS  OFF  PAS- 
PATANCKE  TO  ALL  THE  REST  OF  THE 
COUNTY  OF  ALBEMARLE. 

3 December  1677. 

First  the  occasion  of  their  secureinge  the  Records  & imprisoning  the 
Presid*  is,  that  thereby  the  Countrey  may  have  a free  parlem*  & that 
from  them  their  aggreivances  may  be  sent  home  to  the  Lords,  wch  are 


COLONIAL  RECORDS. 


•249 


breifely  these;  In  the  first  place  (omitting  many  hainous  matters)  hee 
denied  a free  election  of  an  Assembly  and  hath  positively  cheated  the 
Countrey  of  one  hundred  and  thirty  thousand  pounds  of  Tobacco  which 
hath  raised  the  levie  to  two  hundred  and  fifty  pounds  of  Tob°  ^ head 
more  then  otherwaies  it  would  have  beene  besides  neer  twenty  thousand 
pounds  of  Tob°  charge  he  hath  brought  upon  us  bv  his  pipeing  guard  A now 
Capt.  Gil  lam  is  come  amongst  us  with  three  times  the  goods  hee  brought  last 
yeare  but  had  not  beene  two  houers  on  shore,  but  for  the  slip  of  a word 
was  arrested  for  one  thousand  pounds  sterling  & many  affronts  and  indig- 
nities thrown  upon  him  by  ve  Presid*  himselfe,  in  somuch  that  had  lice  not 
beene  earnestly  perswaded  by  some  hee  had  gone  directly  out  of  the 
Countrey  and  the  same  night  (about  midnight)  hee  went  aboard  with  a 
brace  of  pistol  Is  and  presenting  one  of  them  eockt  to  Mr  Geo.  Durants 
breast  & wth  his  other  hand  arrested  him  as  a Traytour  and  many  other 
Injuries,  mischiefes  and  grievances  hee  hath  brought  upon  us,  that  thereby 
an  inevitable  ruein  is  comeing  (unlesse  prevented)  which  wee  are  now 
about  to  doe  and  hope  & expect  that  you  will  jovnc  with  us  therein,  and 
subscribe  this  3d  day  of  10ber  1(377. 

Will"1  Crafford,  Will"1  Bird,  Edwd  Wells,  Jn°  Halford  And  30  more 
woh  for  brevitie  I omitt  to  insert 

A true  Coppie. 

Albemarle  ix  Carolina. 

Edward  Wade  aged  34  yeares  or  thereabouts,  who  deposed,  saith  that 
the  within  said  writeing  is  a true  Coppy  of  that  which  this  Deponent 
(as  Marshall  Generali  at  that  time  of  the  Country  aforesd)  comanded  and 
seized  from  Sam11  Pricklove  about  the  fourth  or  fifth  of  Decembr  1(377 
who  was  comeing  upp  therewith  (as  yor  deponent  supposeth)  to  publish 
itt  in  the  precincts  of  Pvquomons,  after  hee  had  drawne  itt  wth  his  own 
hand  writeing  from  the  originall  Remonstrance  (soe  called  by  and)  from 
the  Pasquatanckians,  woh  they  sent  out  upon  their  Rebellious  riseing  in 
armes,  breaking  sundry  locks,  stealing  the  publicke  Records  & then  seize- 
ing&  and  imprisoning  Mr  Tho.  Miller  then  Presid*  & Comander  in  cheife 
undr  the  Honble  Govern1,  deceased  his  Majta  Collec1  & deputie  for  the  Rl 
HonMe  the  Earle  of  Shasbury  &c.  with  two  more  of  the  Lds  Prop" 
deplV6s  woh  originall  Remonstrance  was  written  by  one  John  Culpeper 
as  the  sd  Sam11' Pricklove  told  mee  and  further  saith  nott. 

Sworn  before  me  this  22  of  Agust  1(379. 

JOHN  HARVEY. 

(Indorsed) 

The  rebbells  first  paper  called  a Remonstrance  and  Mr  Wade’s  testy- 
monye  date<l  10b,,r  3d  1677.  28 


250 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle  48.  No.  98.] 


This  Ashley  Cooper  And  the  rest  of  the  prp™  of  the 

province  of  Carolina. 

Wee  the  who  are  in  Scorne  called  Quakers  are  made  willing 

for  of  the  Truth  and  our  Innocency  and  to  Inform 

you  that  and  are  a seperated  people  and  have  stood  single  from  all  the 
seditious  actions  which  hath  happened  within  this  County  of  Albemarle 
As  will  appeare  bv  what  was  acted  in  the  yeare  1677. 

Thomas  Miller  arriving  here  about  the  moneth  with  com- 

missions and  deputations  from  you  the  prpretors  and  Thomas  Eastchurch 
commisionated  governor  of  this  County  to  settle  it  in  order 
sd  Thomas  Miller  was  received  as  president  by  the  Inhabitants  of  this 
County  who  did  signify  Their  Allegiance  by  an  Oath  for  The  King  and 
fidelity  to  you  the  prpr8etors  and  Submissi  to  the  present  government 
Established;  And  wee  whom  the  world  in  scorne  call  Quakers  subscribe 
the  same  and  not  long  after  of  those  that  the  p'sent 

power  thus  established  rose  up  in  armes  and  seized  the  records 

and  Imprisoned  the  President  Thomas  Miller  and  two  more  of  your 
Deputies  Against  whose  actions  wee  Testimony  and  could  nott 

joyne  with  them  in  the  same  they  gave  forth  they  would  seize 

some  of  our  fri  one  of  your  Deputies  who  was  thereby 

exposed  of  our  friends  to  goeto  Virginia  and  soe  intended 

for  England  with  Thomas  Eastchurch  (then  newly  arived  In 

Virginia)  lest  from  going  whereupon  the  sd  Thomas  Eastchurch 

lamation  thereby  to  appease  ther  Jury  which 

regarded  placed  a Guard  of  souldiers  at  the  house 

of  James  (Hill)  Tho:  Eastchurch  or  any  of  our  friends 

which  were  in  Virginia  with  him  Which  Guard  took  away  our 

guns  out  of  our  houses  saying  wee  could  not  joyne  with  them  in  their 
Evil  practises  In  not  only  in  that  Action,  but  in  our 

which  they  tooke  from  us  Whereupon  they 
which  Committee  issued  forth  their  false  and  unjust  orders  seizing 

and  securing  any  of  our  friends  which  then  were  in  Virginia  from  their  fam- 
ily which  was  accordingly  executed  at  their  return  Namely  James  (Hill) 
one  of  your  Deputies  and  Francis  Jones  and  Christopher  Nich  two 
Ancient  Inhabitants  and  then  burgesses  of  this  County,  which  with  the 
sd  James  u Hill  were  apprehended  (as  will  appeare)  by  their  Lying  Orders 
and  by  their  assertions  whereby  they  labour  to  villifie  us  and  bring  an 


COLONIAL  RECORDS. 


251 


evill  Report  upon  Truth  and  our  peaceable  meeting  in  the  which  they 
Render  plotters  and  contrivers  of  Treason  and  Wagers  of  Warr  and 
vile  persons  and  disquiaters  of  the  peace  and  scandalous  base  Intel ligencies 
which  things  they  cannott  make  appeare  against  us  though  falsely  laid 
to  our  charge  for  we  doe  detest  and  Abominate  and  ever  have  borne  our 
Testimonies  agst  such  wicked  practises  since  the  everlasting  Truth  of  our 
God  hath  Appeared  among  us  Which  Truth  Traceth  us  to  deney  all  un- 
godliness and  worldly  Lust  and  to  live  soberly  Righteously  and  godly  in 
this  present  evill  World  And  now  these  seditious  persons  by  whome  we 
have  suffered  are  still  breathing  forth  their  threats  against  us  They  liave- 
ing  received  an  act  of  grace  and  Indemnity  (as  they  call  itt.) 

To  which  two  of  your  Deputies  (for  Conscience  sake  could  not  assigne 
Namely  James  Hill  and  Timothy  severall  Reasons  And  now 

the  heads  that  were  of  that  seditious  are  Elected  to  sett  in 

Parliament  And  some  of  the  of  the  Court  and  soe  conse- 
quently to  become  our  Judge  shall  bee  the  objects  for  them 

to  execute  their  upon;  Although  wee  have  submitted  and 

subscribed  to  this  present  Government  as  well  as  wee  have  to  the  former 
governments,  Knowing  assuredly  that  they  have  noe  just  for  what 

they  have  Acted  against  us  but  only  oute  of  their  Envie  Except 

It  bee  for  our  fidelity  to  you  our  Proprietors  and  submission  to  the  pres- 
ent Government  then  established  In  that  we  could  nott  jovne  with  them 
against  the  then  President  Thomas  Miller  Because  wee  were  well  per- 
suaded what  they  acted  against  him  was  Envie  Mai  lice 
Because  severall  of  us  being  then  members  of  Parliament  and  saw  what 
was  then  Acted  before  that  sedition  for  the  Cleareing  of  the 

Truth  and  for  tin*  satisfaction  of  the  Proprietors  and  signifying  our  In- 
noeency  as  per  refferenee  to  what  we  have  often  been  charged  withall  yet 
still  wee  found  a peaceable  people  according  to  what  wee  doe  pro- 

fesse  giveth  us  the  more  Liberty  to  signify  the  Truth  unto  you 

yee  might  the  better  know  and  be  informed  as 
Truth  which  ought  Rightly  to  be  Understood  such  cases  as 

these  are,  Why.  Because  and  welfare  of  a Nation  and  not 

only  soe  < of  their  own  Right  and  Interest  severall  as 

been  for  the  most  part  of  us)  Sellers  in 

Province  of  Carolina  and  have  made  hither 

abundance  of  patience  This  Late  Rebellion  arose  here  in 

these  parts  we  thought  wee  should  have  done  which  thing  (we 

in  some  measure  bee  looked  Into  with  a that  the 

many  grievances  and  hardships  wee  have  and  are  Like  to 


252 


COLONIAL  RECORDS. 


bee  exposed  unto  may  Cease  the  which  wee  doe  not  ques- 
tion at  all  (that  may  be  heard  in  the  behalfe  of  the  Inocent 

whose  Inocency  places  their  cause  in  the  sight  of  the  Lords  and  beareth 
them  witnesse  to  the  well  doing  and  is  against  all  such — as — Act  are  Con- 
trary to  the  Just  Law  and  un  of  God  which  speaketh  in  this  wise, 

Doe  unto  all  as  you  would  bee  done  unto  which  command  wee  the  peo- 
ple of  God  (in  Scorne  called  Quakers)  are  made  to  witnesse  in  as  much 
as  we  dare  not  Act  contrary  to  what  wee  professe.  Soe  little  more  at 
present  only  Leaveing  the  Justnesse  and  Inocency  of  our  present  state 
and  Condition,  unto  that  of  God,  in  every  one  of  you  who  are 
Concerned  as  upon  this  Acconipt  and  wee  still  desire  that  the  same  may 
be  heard  and  harkened  unto  by  all  and  more  espeacially  by  them  who 
take  to  them  selves  power  to  give  forth  Laws  and  Commands  and  to 
make  Acts  and  decrees  for  the  good  and  safety  of  a Country  and  more 
for  the  punishment  of  Evil  doers  and  for  the  praize  of  them  that  doe 
well.  Therefore  be  mindfull  and  see  that  such  laws  and  Decrees  be  put 
in  force,  whereby  wickedness  and  abomination  may  be  suppressed  and 
the  Acters  and  doers  punished,  for  now  it  you  upon  which  if  you 

seriously  consider  and  weigh  the  thing  aright  you  will  finde  the  same  to 
be  certainely  true. 

The  wee  up  the  pure  mindes  of  you  All  to  doe  the 

and  needfully  the  which  if  you  doe  the  Lord 
pleased  And  hee  will  add  unto  you  of  even  in  the  greatness 

of  his  mercy  and  Tru  will  F in  this  your  Country  Al- 

wayes  provided  that  Truth  may  have  the  Rule  Butt  when  wickedness 
beares  Rule  the  Righteous  must  needs  mourne,  Wherefore  Consider  what 
of  them  that  have  been  the  patient  sufferers  all  along  as 
in  the  behalfe  of  God  the  prosperity  of  his  Truth  and  the  peaceable  set- 
ling  of  this  Your  Country  whose  Lives  and  Estates  to 

the  Spoyler  and  they  themselves  are  readie  to  bee  made  made  a prey  upon 
If  the  Lord  put  not  an  end  thereunto 

These  from  the  people  of  God  ) rP,  , .,th  . 

, . 1 11  lirx  i I he  1 T”  dav  ot  the 

who  are  in  scorne  called  Quakers  > -th 

, , j ...  i 7“  moneth  1 b / 9 

whose  names  are  hereunder  written  ) i 


Charles 

Frau 

Christop 

John 

Steven  Hancock 
William  Wayf 
Henry  Prows 


John  Hunt 
William 
George 
Jonathan 
William  Bundey. 
Joseph  Scott 
John  Peare 


Isack  Page 
Henry  White 
Arnold 

Timothy  Meads 
Jonathan  Tarper 
William  Tur(ner) 
Solomon  Poole 


COLONIAL  RECORDS. 


253 


These  may  give  to  understand  That  most  of  us  whose  names  are  here- 
unto subscribed  have  been  Inhabitants  in  Carolina  since  the  yeares  1663: 
and  1664. 

Wee  doe  declayre  and  averr  that  the  above  subscribers  comonly  called 
quakers  did  cause  this  Remonstrance  to  be  drawn  In  order  to  itts  pre- 
sentment to  the  Lds  proprietors  and  did  also  assigne  it  this  is  for  the 
Trouth  given  under  or  hands  this  25th  Sept  1679  JAMES  HILL  deptv 
to  the  Duke  of  Albemarle. 

TIMO  BIGGS.  Depty  for  the  R‘  Honeble  the 
Earle  of  Craven 


Note. — All  blanks  torn  away  in  the  original  documents. — W.  N.  S. 


PATENT  FROM  GOV.  HARVEY. 

By  Instructions  received  from  his  Excellency  the  palatine  and  the  rest 
of  the  true  and  absolute  Lords  and  proprietors  of  the  province  of  Car- 
olina dated  att  white  hall  the  5th  day  of  February  1678-9  Remaineing 
upon  Record  in  the  Secretaries  office  in  the  County  of  Albemarle  as  doth 
att  large  appeare,  I John  Harvey  Govern1'  and  Lords  proprietors  Deptv 
being  required  to  passe  grants  according  to  the  fform  by  them  prescribed 
to  all  persons  who  shall  make  the  same  appeare  to  us  A desire  the  same, 
y*  they  had  patients  for  Land  from  S1  William  Berkeley  any  time  before 
the  25th  day  of  Decern r 1663  With  all  intimities  and  priviledges  therein 
granted  Bee  it  knowne  unto  all  men  that  this  27th  day  of  Novemr  1679. 
Jn°  Varnham  esq1'  made  appeare  to  the  governo1'  and  Lords  Deputies  A 
pattent  of  Land  eonteineing  Two  hundred  and  flirty  acres  granted  by  Sr 
Willm  Berkley  the  25th  day  of  Septem1'  1663.  Remaineing  upon  record 
in  the  Secretaries  office  above  the  patent  hereunder  granted  as  doth  in  full 
appeare  upon  which  1 John  Harvey  Govefnor  and  the  rest  of  the  Right 
honWc  Lords  proprieto™  Deputies  as  a fores'1  have  passed  this  following 
grant.  S1'  George  Carteret  Kn‘ A Barontt  Vice  Chamlierlaine  of  his  Majtl0S 
household  one  of  the  Lords  of  his  Maty*  most  honblB  privie  Counsell,  pal- 
atine of  Carolina,  A y°  rest  of  the  true  and  absolute  Lords  A proprietors 
of  Carolina.  To  all  persons  to  whom  these  presents  shall  come,  Greeting 
in  our  Lord  God  everlastinge,  Know  yce  that  wee  the  sd  Lords  & abso- 
lute proprietors  according  to  our  Instructions  dated  at  White  hall  y®  5th 


254 


COLONIAL  RECORDS. 


day  of  ffebruary  1(578-9  remaineing  upon  Record  in  the  County  of  Albe- 
marle in  the  province  of  Carolina,  Doe  hereby  grant  unto  John  Varnham 
esqr  of  the  sd  County  planter,  a plantation  conteineing  Two  hundred  and 
ffifty  acres  of  Land  English  measure,  lying  and  being  in  the  precinct  of 
Shaftsbury  lying  on  the  River  of  Albemarle,  beginingeatt  a marked  Red 
Oake  on  the  Riverside  by  Rodger  Williams  his  Land  & running  do  wne 
the  sd  River  to  a marked  pine,  then  Nor:  Ndr:  East  Three  hundred  and 
Twenty  pole,  then  to  the  Miles  end  of  Roger  Williams  his  Land  and  soe 
by  his  Trees  South  West  to  y®  first  station,  the  sd  Land  being  due 
unto  the  sd  John  Varnham  bv  & for  the  transportation  of  ffive  persons 
into  this  Collony  whose  names  are  in  the  Record  mentioned  under  this 
pattent  To  have  and  to  hold  the  sd  plantacon  unto  the  sd  Jn°  Varnham 
esqr  his  heires  and  assignes  for  ever,  with  priviledge  of  hawking,  hunt- 
ing ffishinge  & ffowleing,  with  all  woods  & trees,  wth  what  else  is  there 
standing,  growing  and  being,  wth  his  due  share  of  all  Mines  & Mineralls, 
wth  all  profetts,  Comodities  & hereditamts  whatsoever  belonging  to  y®  sd 
Land  Yieldinge  and  paying  therefore  unto  us  & our  heirs  & Successors 
yearely  every  29th  day  of  Septem1  according  to  the  English  account  for 
every  ffifty  Acres  of  Land  hereby  granted  one  shilling  of  lawfull  English 
money,  or  the  value  thereof,  for  every  of  the  abovesd  f fifty  acres  To  bee 
holden  of  us  in  fee  & eomon  soccage  provided  always  that  if  the  sd  Land 
bee  not  seated  wthin  one  yeare  after  y*  date  hereof  That  then  this  pattent 
to  be  void  or  else  to  stand  in  full  force.  Given  at  MrGeo:  Durants 
house  under  y®  Seale  of  y®  Countie  of  Albemarle  this  27th  day  of  Novemr 
being  y®  16th  yeare  of  our  possession  of  our  province  of  Carolina  Ano 
Dom  1(579  Witnes  Jn°  Harvey  esqr  prsid‘  and  Comand1  in  chiefe  of  our  sd 
County,  and  our  trusty  and  Well  beloved  Couneellors  who  have  hereunto 
sett  their  hands  y®  day  & yeare  abovesd 
Mr  John  Varnham  250  acres  of  Land 

JOHN  HARVEY 
RICHd  FFOSTER 

JOHN  WOLFENDEN  JN»  WILLOUGHBY' 

JOHN  JENKINS 
ANTH°  SLOCOM 
ROB4  HOLDEN 


COLONIAL  RECORDS. 


255 


[B.  P.  R.  O.  Colonial  Papers.] 


AT  THE  COURT  AT  WHITEHALL  THIS  19th  DAY  OF 
DECEMBER  1679 

Present 

The  Kings  most  Excellent  Maty  in  Council 

Whereas  it  appears  by  the  affidavit  of  Thomas  Miller  that  the  petr 
being  by  Comission  from  the  Commissioners  of  his  Majties  Customs  ap- 
pointed Collector  of  His  Matvs  Customs  in  Albemarle  in  Carolina,  bee 
had  gotten  into  his  custody  sundry  specialties  and  other  effects  of  To- 
bacco received  to  the  quantity  of  8 or  900  Hogsheads  together  with  sun- 
dry other  European  Goods  seized  as  illegally  imported  to  the  value  of 
1200£  ster1  but  that  the  premises  were  snatched  out  of  the  pet”  hands  in 
a Rebellion  contrivet  earned  on  and  headed  by  Richard  Forster  John 
Culpeper  and  several  others  and  that  the  said  .John  Culpeper  assuming 
the  title  of  Collector  of  his  Matys  Customs  took  the  same  into  his  custody 
& embezzled  great  part  thereof  if  not  the  whole  and  suffered  vessells 
illegally  to  trade  and  that  the  said  .John  Culpeper  being  since  come  into 
England  is  now  upon  his  return  back  unto  some  of  his  Ma*-'9  Plantations 
in  America  It  was  thereupon  Ordered  by  the  Lords  of  his  MatT9  most 
honbl®  Privy  Council  that  the  Coin  inis™  for  executing  the  office  of  Lord 
High  Admiral  of  England  doe  forthwith  give  directions  to  the  Com- 
mander in  eheife  of  his  Matvs  ships  in  the  Downs  forthwith  to  cause  strict 
search  to  to  bee  made  on  board  all  shipps  as  well  Men  of  Ware  as  others 
bound  to  Virginia  or  elsewhere  for  y®  person  of  the  said  John  Culpeper 
and  him  to  seize  and  send  up  in  safe  custody  hither  to  answer  to 
the  abovementioned  crimes  A offences  And  it  was  further  Ordered 
that  the  Lords  Commiss”  of  his  Ma1-'9  Treasury  do  forthwith  give  direc- 
tions to  the  Commiss™  of  his  Matys  Customs  to  give  orders  to  the  several  1 
officers  in  the  Western  Ports  from  whence  any  ships  are  bound  to  Vir- 
ginia or  other  his  Matvs  American  Plantations,  strictly  to  search  the  said 
ships  or  such  as  by  accident  may  put  in  there  for  the  said  person  of  John 
Culpeper  and  him  to  seize  and  send  him  up  in  safe  custody  hither  to 
answer  to  the  abovementioned  crimes  and  effects. 


( Indorsed) 

Copie  of  an  Order  for  seizing  Mr  Culpeper 


COLONIAL  RECORDS. 


256 


[B.  P.  R.  O.  Colonial  Papers.] 


RE  I ' R ES  EN  TAT  I ON  TO  THE  LORDS  PROPRIETORS  OF 
CAROLINA  CONCERNING  THE  REBELLION  IN 
THAT  COUNTRY.  TO  BE  MADE  USE 
OF  IN  FURTHER  EXAM- 
INATIONS. 

It  is  humblv  tendred  to  the  consideration  of  the  most  Illustrious  and 
Right  Honorable  the  Lords  Proprietors  of  the  Province  of  Carolina. 

That  the  Rebellion  of  the  Inhabitants  of  the  County  of  Albemarle 
was  not  accidental!  or  casually  arose  from  any  present  or  sudden  provo- 
cation given,  but  rather  the  effect  of  a more  mature  or  deliberate  contri- 
vance, which  I humbly  conceive  will  so  appeare  to  your  Lordships  by 
the  ensuing  particulars  as  here  circumstanced,  the  mane  substance  whereof 
can  be  clearly  proved  by  the  evidence  of  divers  credible  witnesses  upon 
oath  before  any  person  or  persons,  your  Honors  shall  think  tit  to  em- 
power to  take  cognizance  of  the  premisses. 

That  the  Principalis  and  Heads  of  this  Rebellion  were  not  only 
prompted  thereunto  by  ambition  and  envy  or  the  private  pekes  and  par- 
ticular disgusts  they  had  to  those  Gentlemen  vour  Honors  thought  fit  to 
entrust  with  the  Government,  but  alsoe  more  especially  those  personall 
and  particular  crimes  they  knew  themselves  guilty  of  and  accountable  for 
whenever  a Governor  should  come. 

That  this  was  a deliberate  design  of  no  sudden  growth  may  be  proved  by 
their  generall  charge  wherein  all  their  former  actions  seem  to  have  a natural  1 
tendency  to  this  their  last  and  horrid  end,  At  first  their  severall  times 
disturbing  the  Courts,  subverting  the  Government,  dissolving  Parlia- 
ments, Their  industrious  labor  to  be  popular  and  continued  making  of 
factions  and  parties. 

Their  poysoning  the  peoples  ea res,  unsetling  and  disquieting  their 
minds,  by  diffusing  and  dropping  abroad,  by  their  Agents  false  and  dan- 
gerous Reports  tending  much  to  the  indignity  of  your  Honors  and  re- 
proach of  your  Government,  and  among  divers  others,  that  your  Honor- 
intended  to  raise  the  Quitrents  to  two  pence  and  from  two  pence  to  six 
pence  per  acre.  Now  what  they  have  done  since  is  so  notorious  and 
obvious  to  every  eye,  as  the  imprisoning  your  Lordships’  Deputies,  put- 
ting the  President  who  was  likewise  his  Majesty’s  Collector  into  Irons, 
their  Generall  arming  on  the  first  appearance  of  Gilliam’s  shipp  in  Pas- 


COLONIAL  RECORDS. 


257 


cotanke  River,  their  seizing  and  carrying  away  the  Records,  Lastly  their 
arrogating  and  assuming  to  themselves  the  supreme  and  sovereign  power, 
by  first  dissolving  then  erecting  Courts  of  Judicature,  convening  Parlia- 
ments without  Writs,  and  as  if  they  had  the  sovereign  and  absolute 
power  they  put  out  make  New  Officers  not  only  in  Courts  and  other  pub- 
lick  services  of  the  Country,  but  even  where  The  King  is  more  imme- 
diately concerned,  turning  out  His  Majesty’s  Collectors,  putting  in  others, 
clearing  and  discharging  Ships,  but  last  of  all  their  most  horrid  treason- 
able and  tyrannicall  actings  in  erecting  a Court  for  tryall  of  life  and 
death  without  the  Lords  Deputies  or  Commission  of  Over  and  Terminer 
or  any  other  colour  or  pretence  of  Authority,  either  from  His  sacred  Maj‘y 
or  your  Lordships,  and  particularly  in  the  cases  of  Mr  Thomas  Miller  and 
Mr  Timothy  Biggs. 

But  their  special!,  particular  and  respective  crimes  arc  here  annexed  to 
their  severall  names  here  in  the  margin  in  the  order  following  (viz*) 

Cap*  Valentine  Bird.  He  being  appointed  by  the  Country  to  be  Col- 
lector of  His  Majesty’s  Duty  of  the  penny  per  pound,  for  all  Tobacco  not 
exported  forEngland,  did  without  power  from  or  the  privity  or  consent  of 
either  my  Lord  High  Trcasurar  or  his  Majesty’s  Commissioners  of  the 
Customs  suffer  the  New  England  Traders  to  load  and  carry  away  the 
Tobacco  of  the  Country  without  paying  the  said  Duties,  bv  which  meanes 
they  are  now  run  in  arreare  to  His  Majesty  one  hundred  and  fifty  thou- 
sand weight  of  Tobacco,  and  finding  the  hazard  he  had  run  in  case  an- 
other Collector  should  be  sent  he  with  above  one  hundred  more,  most 
whereof  were  Pastotankians,  which  after  led  the  other  Precincts  into 
Rebellion  there,  with  him  subscribing  a Paper  against  the  payment  of 
the  said  Duty,  but  after  hearing  by  the  report  of  Crawford  that  Mr 
Eastchurch  was  coming  Governor  and  Mr  Miller  Collector,  Bird  and  the 
rest  of  the  subscribers  were  the  first  that  took  armes  and  opposed  Miller 
at  his  first  landing  fearing  they  should  be  questioned  for  what  they  had 
done  so,  as  soone  as  ever  Gilliam  arrived  they  again  take  armes  and  by  their 
Agents  invite  the  other  three  Precincts  to  jovne  with  them,  and  till  the  gen- 
erall  elaps  of  the  Country  they  were  only  in  this  defection  and  Bird  was 
their  Leader  and  drew  the  first  sword,  encouraged  hereunto  by  Captain 
Zackery  Gilliam  who  supplied  them  with  many  fire  armes  and  other  weap- 
ons of  War,  came  with  some  of  his  Seamen  armed  to  Captain  Craw- 
ford’s house,  where  the  President  and  two  other  of  the  Deputies  were 
taken  prisoners. 

George  Durant,  hath  several  times  before  not  only  contemned  but  op- 
posed the  authority  established  by  your  Honors,  and  in  the  head  of  a 
29 


COLONIAL  RECORDS. 


258 


Rebell  rout  by  force  subverted  the  Government  turning  out  and  placing 
in  whom  he  and  they  thought  fit  at  pleasure,  and  openly  threatning  that, 
if  ever  Mr  Thomas  Eastchurch  came  in  Governor,  he  would  turn  Rebel!. 
And  as  if  these  were  too  small  crimes,  he  hath  viciated  a Record  of  Court 
bv  adding,  razing  and  other  waves  altering  the  verdict  of  a jury,  and  as 
foreman  giving  it  in  contrary  to  what  the  whole  Jury  had  returned  upon 
oath,  particularly  in  case  of  Mr  Thomas  Miller.  And  in  fine  hath  all 
along  when  at  home  beene  one  of  the  most  violent,  active  and  the  most 
outrageous  of  all  the  Conspirators  and  Insurrectors. 

Capt.  William  Crawford  hath  formerly  as  well  as  now  industriously 
made  it  his  business  to  be  popular,  make  factions  and  then  head  them 
and  very  subtily  though  clandestinely  and  underhand,  will  be  found  one 
of  the  chief  contrivers  as  well  as  acters  in  this  Rebellion,  but  (besides) 
his  particular  crime,  in  the  imbezling  and  taking  of  the  file  of  the  Rec- 
ords, a gratious  grant  of  your  Lordships  to  the  Country.  And  having 
formerly  got  the  Records  into  his  Custody,  divers  of  them  are  since  not 
to  be  found:  and  this  he  did,  as  mav  be  judged;  (since  he  could  make 
no  private  advantage  thereby)  purposely  to  keep  the  people  ignorant  of 
your  Honors  good  intentions  to  this  Country  and  might  find  fitter  occa- 
sions thereby  to  insence  them  against  vour  Lordships  and  the  govern- 
ment. 

Capt:  John  Willoughby  He  is  a person  that  runs  himself  into  many 
errors  and  premuniries  through  his  extra-judiciall  and  arbitrary  proceed- 
ings in  the  Courts  of  Judicature,  and  for  instance  in  the  case  of  Mr 
Thomas  Eastchurch,  who  by  reason  of  their  tyranny  and  injustice  to 
himwards  would  have  appealed  to  your  Lordships,  but  was  thus  an- 
swered by  Willoughby  That  they  were  the  Court  of  Courts  and  Jury  of 
Juries.  He  is  a person  that  through  a naturall  habit  of  pride  or  ambi- 
tion hath  been  alwaies  imperious  amongst  his  equals,  courteous  to  his 
inferiours,  because  factious  and  would  be  popular;  stubborne  and  disobe- 
dient to  superiors,  evidenced  by  his  scornfull  and  peremptory  refusing 
obedience  to  the  “summons  of  the  Palatine’s  Court  and  his  beating  the 
sworn  Officer  that  served  the  same : and  for  this  and  other  scornes  and 
contempts  put  upon  the  Court,  and  continuing  still  obstinate,  he  was  out- 
lawed: The  next  Parliament  approving  of  the  proceedings  against  him, 

set  a fine  on  his  head  for  his  said  contempt.  And  hereupon  he  disavowes 
your  Government  by  addressing  his  complaints  to  the  Governor  and  Coun- 
cil 1 of  Virginia,  and  notwithstanding  the  discountenance  he  met  with 
there,  vet  he  returns  not  homewards  till  he  heard  the  Country  was  up  in 


armes. 


COLONIAL  RECORDS. 


259 


Capt:  Thomas  Cullum  frequently  sells  powder,  shot  and  fire-armes,  as 
well  to  those  Indian  nations  that  are  not  as  those  that  are  in  amity  with 
the  English,  expresly  contrary  to  the  Laws  of  all  the  English  Provinces 
which  make  it  death  to  sell  either  td  our  enemies,  i^nd  on  notice  given 
to  the  Magistrates  of  Virginia,  Warrants  were  there  issued  out  for  ap- 
prehending him,  and  if  he  had  there  been  taken  (although  in  another 
Government)  he  must  have  stood  a tryall  for  his  Life  for  the  same  or 
like  fact  there  committed. 

Lieut:  Col:  John  Jenkins  being  some  time  made  Governor  by  the  ap- 
pointment of  Cartwright  was  after  for  severall  misdemeanours  displaced 
and  imprisoned;  yet  although  never  legaly  discharged,  raiseth  a party  of 
riotous  persons  in  armes,  and  these  with  some  others  vote  him  General- 
issime,  neither  he  or  they  pretending  to  any  other  right  or  authority  than 
what  he  derived  from  this  Rebell  Rout,  these  turne  out  the  Palatines 
Court,  dissolve  the  Assembly,  place  and  displace  whom  he  and  they 
pleased  by  an  arbitrary  power  and  force.  But  yet  although  Jenkins  had 
the  title  yet  in  fact  Durant  governed  and  used  Jenkins  but  as  his  prop- 
erty, for  of  all  the  factious  persons  in  the  Country  he  was  the  most  active 
and  uncontrolable. 

John  Culpeper,  a person  that  never  is  in  his  element  but  whilst  fish- 
ing in  troubled  waters,  he  was  forced  to  fly  from  Ashley  River  for  his 
turbulent  and  factious  carriage  there.  lie  both  here  and  in  New  Eng- 
land with  some  of  the  discontented  Traders  plotted  there  and  underhand 
here  incouraged  the  hot  headed  people  to  this  rash  and  ill-advised  Rebel- 
lion. Culpeper  being  their  Secretary  or  Register  and  one  of  their  Caball 
or  Grand  Couneill  in  matter  of  advise,  this  being  the  second  disturbance 
he  hath  made  here,  besides  what  he  hath  done  in  Ashley  River,  New 
England  and  Virginia  and  therefore  a man  they  much  hearken  to  for  his 
experience  sake. 

Patrick  White  is  one  that  with  Willoughby  applyed  himself  to  the 
Governor  of  Virginia,  that  beate  Mr  Miller  when  he  landed,  and  an  act- 
ive man  in  this  Rebellion,  and  hath  formerly  been  a disturber  of  the 
Government.  * 

Capt:  James  Blount,  although  one  of  the  Great  Couneill  or  Assistant 
to  the  Deputies  is  one  of  the  chief  persons  amongst  the  I nsurrectors, 
and  although  I wrote  to  him,  the  speaker  and  rest  of  the  Burgesses  of 
Chowan  Precinct,  vet  when  the  Sheritfe  or  Chief  Martiall  came  with  my 
letter  and  endeavoured  to  raise  Posse  Comitatis  for  keeping  the  peace  and 
securing  of  that  your  Lordships  Country,  lie  the  said  Blount  with  one 
Captain  John  Vernham  took  the  Martiall  and  his  men  Prisoners  and 
raised  forces  against  the  Government. 


200 


COLONIAL  RECORDS. 


Bonner  and  Slocum  two  other  of  the  Burgesses  joyne  with  Cullum, 
Blunt  and  Vernhani.  So  that  all  the  live  Burgesses  of  Chowan,  although 
contrary  to  their  Oathes  of  Allegiance  and  Obedience,  and  to  their  pro- 
ceedings in  Parliament,  are  in  this  defection  and  by  their  bad  example 
have  drawn  in  the  Country  people.  There  are  besides  these  about  eighty 
or  an  hundred  which  may  be  ranked  in  a second  Classe  differing  no  more 
from  the  former  than  second  rates  from  first.  And  all  or  most  of  these 
have  been  guilty  of  former  insurrections  with  some  of  their  Leaders 
above  named,  especially  such  as  live  in  Pascotanke,  viz*  Lieutenant  Wells, 
Seares,  Jennings,  Ellis,  Bonesby 

and  his  two  sons,  Cotes,  with  divers  others  of  the  Precinct. 

Now  the  rest  of  the  people  may  rather  be  reputed  newtrall,  for  if  they 
have  complyed  (as  many  of  them  have  done)  it  is  only  through  want  of 
Courage  that  they  have  sacrificed  their  faith  to  their  fears,  and  for  the 
same  reason  will  on  the  first  appearance  of  a party  from  your  Honors 
although  but  60  or  70  men  on  pardon  published  and  exam plary  justice  done 
on  the  Ring-leaders  who  do  overawe  them,  they  will  then  gladly  returne 
to  their  duties,  their  necessities  also  constreighning  them,  for  they  cannot 
subsist  without  planting  of  Corne  and  Tobacco,  well  knowing  that  with- 
out these  two  (having  made  them  their  sole  dependence)  they  must  perish 
by  hunger  or  want  of  cloathing,  unless  the  Clieif  leaders  build  Capers 
and  imploy  them  to  rob  the  Merchants  to  supply  their  wants  as  they 
come  into  the  Capes  of  Virginia  which  is  not  above  20  or  30  leagues 
from  this  Inlet;  and  they  are  apt  enough  to  tell  them,  that  in  respect  of 
the  openness  of  the  Road,  shallowness  of  the  Inlet,  fastness  of  the  Coun- 
try, and  by  reason  of  the  woods,  swamps,  rivers,  creeks  and  runs,  this 
Country  being  no  waies  accessible  by  Land  but  to  the  northward  from 
Virginia,  and  that  but  by  three  passes  or  avenues,  by  which  m canes  they 
may  possibly  be  persuaded  they  may  be  as  safe  from  His  Majesty’s  Frig- 
ates as  if  they  were  in  Sally. 

I mention  not  this  to  discourage  your  Honors,  but  do  likewise  assure 
you  that  they  are  as  inconsiderable,  as  rash  and  disobedient  : the  whole 
number  I do  not  say  of  men  but  Tythables  that  is  of  working  hands 
consist  of  about  1400  persons,  a third  part  whereof  at  least  being  Indians, 
Negros  and  women  will,  the  rest  once  being  declared  Rebells,  quickly 
desert  them  and  come  in  in  hope  either  of  liberty  or  better  usage.  So 
that  in  tine  1 can  no  way  bring  the  number  of  Rebells  that  may  be  ex- 
pected in  armes  to  amount  to  100  men,  and  these  by  reason  of  the  sev- 
eral rivers  and  creeks  which  run  north  and  south,  and  divide  the  sever- 
all  Precincts,  so  that  they  cannot  suddenly  joyne.  If  therefore  a Ship 


COLONIAL  RECORDS. 


2G1 


from  England  with  goods  and  servants  which  I am  confident  would  an- 
swer the  charge,  two  or  three  Sloopes  prest  from  Virginia,  all  mail’d  with 
about  GO  or  70  men  divided  into  two  parties,  one  whereof  might  run  up 
to  Chowan  up  the  Sound  in  a night,  and  there  I am  sure  they  would 
meet  with  many  Loyall  and  lusty  young  men,  who  would  immediately 
joyne  with  them  and  on  notice  divers  who  fled  to  Virginia  would  return 
for  Pasquimans,  there  were  but  3 or  4 noted  Rebells  as  Jenkins,  Durant, 
Sherrell,  Greene,  Pricklove  and  Lininton,  most  of  the  rest  being  Qua- 
kers, who  stand  firme  in  their  obedience  although  they  will  not  fight,  tin1 
archest  Rebells  and  greatest  number  being  in  Paccotanke.  And  although 
it  is  easy  to  reduce  them  either  by  the  way  above  proposed  or  by  those 
soldiers  as  are  yet  behind  in  Virginia  or  by  Volunteers  from  thence,  near 
two  hundred  having  promised  Mr  Eastchurch  to  march  in  with  him  as 
soone  as  he  should  obteine  Licence  from  the  Governor  there,  but  his 
death  prevented  his  designe,  the  Governor  assuring  him  by  his  messin- 
gers  that  nothing  should  be  wanting  on  his  part  wherein  he  might  serve 
him,  they  there  and  also  in  Maryland  being  exceeding  sensible  of  the 
dangerous  consequences  of  this  Rebellion,  as  that  if  they  be  not  suddenly 
subdued  hundreds  of  idle  debtors,  theeves,  Negros,  Indians  and  English 
servants  will  fly  into  them  & from  thence  make  Inroads  and  daylv  In- 
cursions, whence  great  mischief  may  follow  which  may  better  be  foreseene 
and  prevented  than  after  remedied,  tor  considering  the  vast  coast  and  wild 
woods  of  the  backside  of  Virginia  they  may  come  from  Maryland  <fc  t lie 
Wilderness  between  Virginia  and  Albemarle  extending  one  hundred  miles 
without  one  Inhabitant  they  may  and  some  already  do  go  into  them  in 
defiance  of  all  the  care  the  Governor  and  Magistrates  there  take  for  pre- 
vention. 


[Hening’s  Virginia'  Statutes  at  Large,  Yol.  2,  r.  445.] 


AN  ACT  PROHIBITING  THE  IMPORTATION  OF  TO- 
BAOCOES  INTO  THIS  COLONY. 

For  as  much  as  the  importation  of  tobaceoes  into  this  colony  from 
Carolina  and  other  parts  without  the  capes,  hath  been  found  very  preju- 
dieiall  to  this  country  and  the  inhabitants  thereof,  and  for  prevention  of 
like  misehiefe  and  inconveniency  for  the  future,  Be  it  enacted  by  the  gov- 
ernour,  eouncell  and  burgesses  of  this  present  grand  assembly,  and  the 
authority  thereof,  and  it  is  hereby  enacted,  that  from  and  after  the  tenth 


262 


COLONIAL  RECORDS. 


day  of  October  next,  after  this  present  session,  noe  tobaccoes  packed  in 
casque  or  otherwayes  shalbe  brought  from  without  the  capes  of  Virginia 
into  this  colony,  either  in  boate,  si  on  pc,  shipp  or  other  vessel!  whatsoever, 
to  be  landed  on  shoare,  sold  or  shipt  of  in  any  ship  or  other  vessel  1 ride- 
ing  in  this  colony,  except  only  by  such  persons  as  shall  make  it  appeare 
that  they  are  inhabitants  of  Lower  Norfolk  county,  and  that  the  tobac- 
coes bv  them  brought  round  the  capes,  is  of  the  growth  of  the  said 
county,  upon  penalty  of  forfeiting  all  such  tobaccoes  soe  brought  into 
this  colony  contrary  to  the  true  intent  and  meaning  of  this  act,  the  one 
halfe  of  such  tobaccoes  so  forfeited  to  be  to  the  use  of  the  Kings  majes- 
tic, and  the  other  halfe  to  be  equally  divided  between  the  informer  and 
the  country. 


1680. 


[B.  P.  R.  O.  Colonial  Papers.] 


COPY  OF  A PRESENTMENT  9th  JANUARY  1679  TOUCHING 
Mr  MILLER  AND  Mr  CULPEPER  OF  ALBEMARLE 
COUNTY  IN  CAROLINA. 

Presentment  9th  January  1679 
The  Com"  being  informed,  That  John  Culpeper  an  Inhabitant  of  Al- 
bemarle County  in  Carolina  had  during  the  imprisonment  of  Thomas 
Miller  Collector  of  his  Mat!  Customs  in  the  said  Plantation  recd  and 
taken  into  his  custody  Fifty  eight  thousand  three  hundred  and  ninety 
two  Pounds  of  Tobacco  upon  the  accot  of  one  penny  ^ pound  due  and 
payable  by  an  Act  of  Parlianf  made  in  the  25th  yeare  of  his  Ma'9  Reigne, 
They  did  in  Novembr  last  cause  the  said  Culpeper  to  be  arrested  and 
imprisoned  at  the  suite  of  the  King  in  an  Acco4  of  Five  hundred  pounds 
for  the  answering  and  making  good  to  his  Ma4v  the  said  Tobacco  And 
upon  his  Entring  into  bond  with  other  security  the  1 7th  of  November 
last  in  the  penalty  of  Five  Hundred  Pounds  to  deliver  the  said  Tobacco 
to  their  Collector  in  Albemarle  tor  the  time  being  within  one  yeare  from 
the  date  thereof  and  produce  a Certificate  thereof  in  a convenient  time 
after,  since  wch  time  the  sd  Thomas  Miller  having  made  his  escape  out  of 
prison  arrived  in  this  Kingdome  and  being  now  very  ill  hath  caused  this 


COLONIAL  RECORDS. 


263 


further  aceo1  to  be  produced  before  them  wherein  the  said  Culpeper  is 
charged  to  have  taken  from  him  and  his  Deputyes  in  Bonds  and  other 
Specialtyes  to  the  value  of  One  Thousand  two  hundred  forty  two  pound 
Eight  shillings  and  one  penny  sterling  And  the  said  Culpeper  being 
now  againe  in  Custody  by  order  of  his  Maty  in  Councill  They  thought 
fitt  to  present  the  said  acco‘  to  their  Lops  to  be  made  use  of  as  their  Lo|,s 
shall  thinkc  fitt  for  the  further  securing  of  the  Kings  debt 

R.  TEMPLE.  C.  CHEYNE 

,J.  DOWNING  H.  MILLINGTON 

J.  UPTON 


Exd 

Vera  Copia. 


[B.  P.  K.  O.  Colonial  Papers.] 


To  the  Kings  most  Excellent  Maty  & the  Right  honble  Lords  of  his  Matye" 
most  honbU  Privie  Councell 

The  humble  petition  of  John  Culpeper  Most  humbly  sheweth 
That  yor  Petr  being  upon  his  voyage  to  Virginia,  & in  the  Downes  was 
fetched  thence  bv  an  Order  from  yo'  Matv  ck  Councell  at  Complaint  of 
one  Mr  Thomas  Miller  & is  now  in  Custody  of  one  of  yor  Maty,s  Mes- 
sengers and  hath  soe  beene  upwards  of  twenty  days  ck  In  Consideration 
the  Complaint  against  him  is  very  vexatious  ck  malitious  the  Complain- 
ant knowing  yo'  Petitr  to  be  far  from  his  home  and  without  Monv  or 
friends  to  help  him  to  any 

Yor  Petitionr  therefore  most  humbly  Prayes 

That  he  may  be  presently  discharged  & noe  longer  detained  In  Regard 
the  ship  yo'  Petitr  was  going  In  is  not  yet  gone  as  he  knoweth  of,  yo' 
Petition'  Beinger  longer  kept  from  his  home  ck  family  will  lie  his  Totall 
Ruin  or  otherwise  That  the  said  Miller  may  give  good  security  for  the 
Payment  of  yor  Petit”  charge  <k  Damarges  if  Proved  to  be  without  Any 
Cause  & as  In  Duty  Bound 

Yor  Petition'  shall  Ever  Pray 
for  yo'  Matyos  Prosperity  <fcc. 


COLONIAL  RECORDS. 


264 


[B.  P.  R.  O.  Colonial  Papers.] 


To  the  Right  Honob,e  the  Com"  of  his  Miiw  Tr(w  the  Humble  Pot  icon 
of  Thomas  Miller  late  Collector  of  the  ( ’ustomos  in  Carolina 
Sheweth, 

That  he  was  deputed  Collector  in  the  veare  1676  & arrived  there  in 
July  1677  <&  by  the  powers  & Instructions  given  him  by  the  Honble  the 
Com”  of  his  Mats  Customes  had  reduced  the  matter  relateing  to  his  Mate 
Revenue  of  Customes  there  into  a good  order  & method  & had  secured 
in  goods  <fe  specialties  to  his  Maties  use  in  liew  of  Customes  to  the  value 
of  above  8000£  sterling  & had  taken  care  for  a speedy  freight  to  convey 
the  same  for  England,  But  was  kindred  by  a great  Tumult  & Rebellion 
that  broke  out  in  the  Moneth  of  Decemr  in  the  sd  veare  (77)  in  wch  John 
Culpeper  & Zachary  Gillam  & others  were  Ringleaders,  Yor  Peticon*  be- 
ing put  in  Irons  & in  a cruell  & barbarous  manner  shut  up  from  all  so- 
ciety & Robbed  of  the  Bookes  specialties  papers  A-  goods  that  Related  to 
his  Ma*“  debts  & Revenue  as  alsoe  of  all  his  owne  Bookes  & goods  of  a 
considerable  value.  That  by  the  good  Providence  of  Almighty  God 
yor  Petition1  in  this  veare  1679  made  his  escape  and  in  December  last 
arrived  in  England  where  wth  his  deputy  whome  he  brought  over  with 
him  he  is  able  to  charge  the  said  Culpeper  & Gillam  wth  the  said  mis- 
carriages who  are  now  both  in  England  whereby  his  Ma”3  just  dues  may 
be  secured  & the  parties  punished  according  to  Law  & Justice  But  y' 
Peticonr  by  reason  of  his  goods  being  taken  from  him  as  aforesaid,  and 
his  long  unjust  & cruell  confinement  wth  the  great  charges  of  his  Voyage, 
and  comeing  to  London  from  the  Westerne  parts  of  England  where  he 
first  landed  is  soe  much  impoverished  that  he  hath  not  wherewthall  to 
supply  himselfe  & his  said  Deputy  in  necessaries. 

Yor  Petition*  therefore  does  most  humbly  Implore  yor  Lops  to  take  his 
sad  condition  into  yor  compassion  & to  direct  the  Com”  of  the  Customes 
to  examine  the  severall  allegations  & proofes  yor  Petition'  hath  in  the 
prmisses  that  his  Mats  duties  may  be  secured  And  that  Culpeper  (who  is 
now  in  custody  by  order  of  the  King  in  Counci  11)  together  with  the 
said  Zachary  Gillam  may  be  examined  & punished  according  to  their 
deserts  for  the  said  Misdemeanors  And  that  yor  Petition'  may  have  Coun- 
sell assigned  him  to  manage  his  charge  agst  the  said  persons  before  the 
Councell  Board  & something  allowed  for  him  and  his  deputies  present 
Reliefe  as  yor  Lors  in  vor  Wisdome  & great  equity  shall  thinke  fitt,  He 
haveing  been  a sufferer  for  his  Zeale  & faithfulness  in  his  Mats  service. 

And  vor  Peticon'  shall  pray  &c 


COLONIAL  RECORDS. 


265 


[B.  P.  R.  O.  Colonial  Papers.] 


To  the  Honw®  the  Comm”  of  his  Matys  Customes.  Thomas  Miller  yor 
Hon”  late  Collect1-  in  Albemarle  County  in  Carolina  most  humbly  ten- 
(1  ret  1 1 the  following  ace1  of  his  Majts  Concernes  in  y‘  County  A of  how 
much  of  them  was  taken  out  of  his  & his  Deputies  hands  in  the  yeare 
1677. 

Imprimis  in  good  bonds  A other  specialities  A tobacco  rccd  prte  recov- 
ered out  of  ye  form1  Collect1-  Mr  Birds  hands  A p'te  in  some  bonds  & to- 
bacco recd  by  myselfe  and  Deputy  Mr  Biggs  in  the  upper  partes  of  Al- 
bemarle viz : 

In  tobacco  as  ^ the  said  Biggs  his  acco‘  will  appeare  tobacco!* 


amounting  to 73837 

and  the  residue  in  good  bonds  amounting  to 89195 

Sum:  totallis 163068 


2d  In  2 bonds  woh  T had  in  my  Custody  y°  one  of  5004,  ster- 
ling from  Mr  Birde  the  form1  Collect1  appointed  bv  y8 
Country  who  had  suffred  many  Vessells  to  goe  away  wth- 
out  paieing  v®  Kings  duty  or  secureing  itt  to  a farr  great1- 
value  then  v®  sum  of  y®  said  bond  and  y®  othr  from  Mr 
Jno  Willoughby  of  2004;  sterling  who  was  bound  for  one 
Jno  Liscomb  a N ew  England  Trad1-  who  wthout  paying  y® 

Kings  dues  went  away  wth  a Ketch  burden  70  tuns  or 
thereaboutes  with  Tobacco  to  New  England  in  March 
1675—76.  both  which  bonds  were  forfeited  mounting  to... 

3d  Sundry  seiz”  of  European  goods  as  illegally  imported  & 
of  a vessell  called  v®  Patience  for  bringing  in  prte  of  them 
made  by  me  A mv  Deputy  Mr  Biggs  A goods  m>d  in  lew 
of  Tobacco  for  v®  Kings  dues  in  y®  Uppr  prts  of  Albe- 
marle as  by  y®  said  Biggs  his  acco‘  will  further  justly  ap- 
peare A v®  rest  by  myselfe  y®  value  in  the  total  1 amount- 
ing to  242£  8s  Id 

Sum  totall  of  money  Sterl®  A seiz”  made  in  the  uppr  prt.s  of 

Albemarle  is £ 942:8:1 

4th  From  v®  lower  prts  of  Albemarle  in  bonds  recd  by  my 
Depty  Mr  Hen:  Hudson  from  one  Mr  Fostr  a form1-  depty 

30 


£.  s.  d. 
700:00:00 


242:8:01 


COLONIAL  RECORDS. 


266 


Collect1,  a bond  taken  by  himselfe  the  totall  pMucte  whereof 


in  Tobacco  as  by  his  Acco‘  will  appeare  is  410  Hogds  which  'tobacco^ 
alloweing  400  pounds  per  hogshead  amounts  to 104000 


5th  Seiz”  made  of  European  goods  as  illegally  imported  by 

my  said  deputy  Mr  Hen  : Hudson  in  y®  lowr  ptsas  ^ his  £.  s.  d. 

aeco*  will  appeare  amounts  to  300£  sterl : 300:00:00 

To  which  add 942:8:01 


Sum  totall  in  money  Sterlg  is 


1242:8:01 


Now  in  bonds  for  Tobacco  & 4 
Tobacco  recd  in  y®  uppr  prts  V 
of  Albemarle  amounts  to  J 
In  bonds  for  Tobacco  in  the! 
Lowr  prts  of  Albemarle  ut  > 
supra  amounts  to  J 


pounds  Ib  hogs'*6 

1 63068  woh  in  Hogsh** at  400 pr hogs*1  is 407. 

lb 

1 64000  woh  in  Hogshd*>  at  400  pr  hogsd  is  41 0. 


lb 


Sum  totallis  327068  wch  ut  supra  at  400pr  Hogshd  amounts  to  817. 


All  y®  ] /misses  vizt:  327068  or  817  hogsheads  of  Tobacco  & y®  sd  sum 
of  1242£  8s  ld  Sterling  were  really  taken  out  of  mine  & my  Deputyes 
hands  in  y®  yeare  1677  as  ^ their  accote  will  appeare  by  reason  of  y® 
late  insurrection  or  rebellion  woh  broke  out  in  y®  fores'*  County  in  Xber 
y®  same  yeare  Contrived  & carried  on  then  & since  alsoe  bv  Rich1*  Foster 
Jno.  Jenkins  Ja  Blunt  Will"*  Crawford  Patt  White  Geo.  Durant  Jn° 
Willowby  Capt"  Zach.  Gillam  Jno  Culpeper  wth  othrs  their  Confederates 
& New  England  Trad”  y®  said  Gillam  & Culpeper  being  two  Principall 
Act”  & Abett”  therein  one  of  them  viz:  v®  said  Culpeper  assuminge  the 
title  & office  of  his  Majts  Collect1  by  y®  incouraigement  of  y®  said  Gillam 
& assistance  of  the  rest  tooke  the  same  violently  out  of  our  hands  A 
management  most  cruelly  imprisoning  us  thereupon  and  then  disposed  of 
his  Mats  eoncernes  to  his  and  their  uses:  And  besides  this  reall  damages 

(in  takeing  y®  phnises  out  of  our  hands)  doun  to  his  Maty  in  that  year 
1677  & for  2 years  before,  there  is  all  most  3 cropps  of  tobacco  w'b  y*  of 
the  fores'*  year  77.  deducteing  w‘  I had  recd  then  in  y®  Uppr  prtes  & Mr 
Hudson  was  about  to  receive  in  y®  low®  p'tes  both  wch  is  about  140  hogs- 
heads in  y®  preceedent  acco*  wch  is  to  be  aeco'able  for  his  Maty"  dues 
amounting  to  5860  Hogsheads  or  y®  valew  in  lew  thereof  in  mony  sterl8  att 
one  penny  gt  pound  y®  price  current  payable  for  every  pownd  of  tobacco 
thence  exported  except  directly  for  England,  Wales  or  Barwicke  there 
being  annually  made  in  y*  place  2000  Hogsheads  of  Tobacco  as  by  a 


COLONIAL  RECORDS. 


267 


letter  from  their  Assembly  bearing  date  Novbr  1677  to  ye  Lords  Propri- 
ator9  will  appeare  and  not  one  y‘  we  know  of  legally  exported  thence 
according  to  the  Lett'  of  the  Acts  of  Parlanf 
THO:  MILLER  Collect' 

HEN  : HUDSON  Deputy  Collect' 

Jur*  Thomas  Miller  & 

Henry  Hudson  that 

the  Contents  here  mentioned 
are  all  true  dated  21 
January  1679 

GEO:  NICHOLAS. 


[B.  P.  R.  O.  Colonial  Papers.] 


COM'9  OF  THE  CUSTOMS  TO  LI)S  OF  TREASURY  22 
JANUARY  1679-80. 

May  it  please  your  Lord1'9 

In  obedience  to  your  Lordp*  Comands  signifyed  to  us  by  Mr.  Guy  on 
the  anexd  Peticion  of  Thomas  Miller  late  Collect  o'  of  Lis  Mates  Customes 
in  Albemarle  Countye  in  Carolina  Setting  forth  that  he  was  deputed 
Collecto'  in  the  yea  re  1676  and  arrived  there  in  July  1677  and  bv  the 
powers  and  Instructions  given  him  by  the  Com™  of  his  Ma“  Customes 
had  reduced  the  matter  relating  to  Ins  Mate  Revenue  of  Customes  there  into 
•a  good  order  and  method  and  had  secured  in  goods  and  specialtyes  to  his 
Mat9  use  in  lieu  of  Customes  to  the  value  of  above  Two  thousand  pounds 
Sterling  and  had  taken  care  for  a speedy  freight  to  convey  the  same  for 
England  But  was  hindered  by  a great  Tumult  and  Rebellion  that  broke 
out  in  the  month  of  December  1677  in  woh  John  Culpeper  and  Zeehariah 
Gillam  & others  were  Ringleaders  the  Petition'  being  put  in  Irons  and 
in  a cruel  1 and  Barbarous  manner  shutt  up  from  all  Society  & Robbed 
of  the  Books  Specialties  Papers  and  goods  that  related  to  his  Mats  Debts 
and  Revenues  as  also  of  all  his  own  bookes  & goods  to  a considerable 
value  That  by  the  good  Providence  of  Almighty  God  the  pet'  in  the 
year  1679  made  his  escape  and  in  December  last  arived  in  England  where 
with  his  Deputy  whom  he  bro1  over  with  him  he  is  able  to  charge  the  said 
Culpeper  and  Gillam  with  the  said  miscarriages  who  are  now  both  in 
England  whereby  his  Mates  just  dues  may  be  secured  and  the  Parties 


268 


COLONIAL  RECORDS. 


punished  according  to  Law  and  Justice,  But  the  petition*  by  reason  of 
his  goodes  being  taken  from  him  as  aforesaid  & his  long  unjust  and  cruell 
confinem*  wth  the  great  charges  of  his  voyage  & coming  to  London  from 
the  Western  Parts  of  England  where  he  first  landed  in  soe  much  im- 
poverished That  he  hath  not  wherewithall  to  supply  himselfe  and  his 
Deputy  in  necessaries  And  humbly  Praying  your  Lord1'  to  take  his  sad 
Condition  into  your  Compassion  and  to  direct  the  Com”  of  his  Ma“ 
Customes  to  examine  the  severall  Allegations  & Proofes  the  Petr  hath  in 
the  Premisses  That  his  Ma**9  duties  may  be  secured  And  that  Culpeper 
(who  is  now  in  Custody  by  Order  of  the  King  in  Councill)  together  with 
the  said  Zechar.  Gillam  may  be  examined  and  punished  according  to 
their  deserts  for  the  said  misdemean”  And  that  the  Petition*  may  have 
Councill  assigned  him  to  manage  the  charge  against  the  said  persons  be- 
fore the  Councill  Board  and  something  allowed  for  him  and  his  Deputies 
present  reliefe  as  your  Lop9  in  your  wisdome  and  great  equity  shall  think 
fitt  the  Pet®  having  been  a sufferer  for  his  Zeale  and  faithfulnesse  in  his 
Ma**9  service. 

We  do  humbly  report  to  yor  Lord1'9  that  by  your  Presentment  of  the 
9 Instant  (copy  whereof  is  hereunto  anexed)  we  laved  before  y®  Lord1" 
the  state  of  yor  Petition”  case  And  having  examined  the  anexed  Petition 
We  do  further  humbly  acquaint  yor  Lops  That  the  Petition®  was  appointed 
Collector  of  his  Ma1*1  Customes  in  the  said  Countye  in  the  yeare  1676 
And  bv  the  anexed  accompt  & the  Affidavits  of  the  Petition®  and  Henry 
Hudson  one  of  his  Deputies  It  appears  That  in  pursuance  of  the  severall 
Lawes  relating  to  the  Plantation  Trade  and  his  Commission  from  us 
grounded  thereupon  the  Petition1  and  his  Deputies  had  recd  & taken  into 
their  hands  in  bonds  and  other  specialties  to  the  value  of  Twelve  Hundred* 
forty  two  Pounds  eight  shillings  and  one  penny  sterling  & eight  hundred 
& seaventeen  hlids  of  Tobacco  & That  John  Culpeper  mentioned  in  the 
Petition  by  the  encouragement  of  Zecha.  Gillam  being  two  of  the  Prin- 
cipall  Contrivers  & Promoters  of  the  said  Rebellion  with  the  assistance 
of  severall  other  persons  violently  took  the  same  out  of  the  Petition®  and 
his  Deputies  hands  & disposed  thereof  to  his  & their  uses. 

We  do  further  humbly  acquaint  yor  Lord1'5  that  the  Petition®  & one  of 
his  Deputies  are  now  here  in  person  to  make  proof  against  the  said  Gillam 
& Culpeper  for  recovering  his  Ma**  dues  soe  taken  from  them  And  we 
are  opinion  that  the  King’s  Councill  learned  in  the  law  may  be  advised 
with  in  order  thereunto  And  the  Petition®  being  as  we  conceive  reduced  to 
great  necessity  anti  having  not  wherewithall  for  a present  maintenance  of 
himselfe  and  Deputies  much  less  to  defray  the  necessary  charges  of  his 


COLONIAL  RECORDS. 


269 


& his  Deputies  attendance  on  the  prosecution  of  the  said  Gillani  & Cul- 
peper We  do  humbly  recommend  him  to  yor  Lord1'3  favour  for  such  an 
Allowance  as  yor  Lordps  shall  think  fitt  he  having  been  a great  Sufferer 
in  the  King’s  service 

All  which  is  humbly  submitted  to 

Yor  LordpB  Consideration 

G.  DOWNING. 

JOHN  UPTON.  H.  MILLINGTON.  CH : CHEYNE. 

« 

Customhouse  London. 

22  January  1679. 


[B.  P.  R.  O.  Colonial  Papers.] 


THE  AFFIDAVIT  OF  JAMES  SWANSON  OF  LONDON 
WHO  DEPOSED  SAITH 

That  in  May  1676  this  deponent  being  then  in  Albemarle  did  see  Mr 
Thomas  Miller  then  under  a guard  of  soldiers  a prisoner  upon  an  accu- 
sation of  seditions  or  treasonable  words  (as  report  there  went)  for  woh 
they  were  carrying  him  from  thence  into  Virginia  to  be  tryed  by  Sr  Win. 
Berkely  and  his  Councill  and  farther  this  deponent  saith  that  in  June 
following  he  saw  the  s'1  Miller  at  Janies  Towne  in  Virginia  several  1 days 
after  he  was  acquitted  of  y®  sd  accusation  and  in  July  following  ye  sd 
Miller  publiquely  came  on  board  the  sliipp  Constant  of  London  Capt. 
Jacob  Hayes  Comandr  this  deponent  then  belonging  to  y®  sd  sliipp  and 
after  the  said  Miller  had  publiquely  come  on  board  and  often  as  pub- 
liquely went  ashore,  came  home  in  v®  sd  sliipp  with  us  that  voyage  and 
farther  saith  not. 

JA  SWANSON 

Decimo  tertio  die  Februarii 
1679  jurat  corain  me 

ROBERT  CLAYTON  Mayor 


270 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Papers.] 


AT  THE  COURT  AT  WHITEHALL  THE  4th  OF  FEBRU- 
ARY 1679-80. 


Present 

The  King’s  most  excellent  Majesty  in  Councill 

Whereas  a Complaint  was  this  day  made  at  ye  Board  of  divers  sedi- 
tions practises  lately  carried  on  in  the  Province  of  Carolina  against  his 
Majtys  Peace  and  Governmen1  by  John  Culpeper  and  others.  His  Maty 
is  pleased  to  refer  the  examination  of  the  whole  matter  unto  the  Lords  of 
the  Comittee  of  Trade  and  Foreign  Plantations  who  are  to  meet  on  Sat- 
urday next  at  ten  in  the  morning,  And  it  is  therefore  farther  Ordered 
that  the  Lords  Proprietors  of  Carolina  do  then  return  to  the  said  Com- 
mittee an  account  of  what  has  passed  within  the  said  Province  in  rela- 
tion to  the  said  Complaint  and  breach  of  Peace  in  that  Government  with 
an  authentick  Copy  of  their  Charter,  and  that  their  Lops  by  themselves 
or  their  Agents  do  attend  the  Committee  at  that  time 


PATENT  FROM  GOV.  JENKINS. 

By  instructions  reced  from  his  Excellency  the  palatine  and  the  rest  of 
the  true  A absolute  Lords  and  proprietors  of  the  province  of  Carolina 
dated  at  White  hall  the  5th  day  of  ffebruary  1678,  remaining  upon  record 
in  the  Secretaries  office  in  the  County  of  Albemarle  as  doth  at  larg 
apeare;  I Jn°  Jenkins  governo1  and  Lords  proprietor  deptys  being  required 
to  pass  grants  according  to  the  form  by  them  prescribed  to  all  persons 
who  shall  make  the  same  appear  to  us  & and  desire  the  same,  that  they 
had  patents  for  land  from  Sr  Willm  Berkeley  any  time  before  the  25th 
day  of  December  1663  : with  all  imunities  & priviledges  therein  granted. 
Bee  it  known  unto  all  men  y‘  this  5th  day  of  ffebruary  1679  Thomas 
Relfe  planter  made  apear  to  thegovernor&  Lords  Depties  a [latent  of  Land 
containing  seven  hundred  & ffifty  acres  granted  by  Sr  Willm  Berkley  the 
25th  day  ofSeptembr  1663  remaining  upon  record  in  the  Secretaries  office 
above,  the  pattent  hereunder  granted  as  doth  in  full  apear  upon  which  I 
John  Jenkins  governo1  & the  rest  of  the  IT  honoble  Lords  deptiea  as 
abovesd  have  passed  this  following  grant  Sr  George  Carteret t K‘  and 
Barro1  vice  Chamberlaine  of  his  Maties  household,  one  of  the  Lds  of  his 


COLONIAL  RECORDS. 


271 


Maties  most  honWe  privie  Councill  & the  rest  of  the  true  and  absolute 
Lords  & proprietors  of  Carolina.  To  all  persons  to  whom  these  presents 
shall  come  Greeting  in  our  Lord  God  everlasting.  Know  yee  that  wee 
the  sd  Lords  and  absolute  proprietors  according  to  our  instructions  dated 
att  Whitehall  the  5th  day  of  ffebruary  1678  remaining  upon  Record  in 
ye  Countie  of  Albemarle  in  the  provinc  of  Carolina,  doe  hereby  grant 
unto  Jn°  Jenings  and  Thomas  Rdf  of  the  said  Countie  planters,  A plan- 
tacon  containeing  Seven  hundred  and  ffifty  acres  of  land  English  meas- 
ure lying  and  being  in  the  precinct  of  Carterett,  lying  on  the  South  West 
side  of  Craven  River,  begininge  att  a small  marked  Cypress  att  the 
mouth  of  the  Swamp  & runing  by  Thomas  Keele  his  Land  into  tin; 
Woods  South  West  & by  West  three  hundred  A twenty  pole,  then  Nor: 
West  & by  Nor:  three  hundred  and  Seventy  ffive  pole,  then  Nor:  east 
& by  East  to  a marked  Cypress  in  the  Codd  of  a bay  being  on  of  Mr 
Iforsons  marked  trees  and  so  along  the  bay  to  the  point  of  the  River  and 
downe  the  sd  River  to  the  first  station,  the  sd  land  being  due  to  them  the 
sd  John  Jenings  & Thomas  Relfe  bv  and  for  the  transportaoon  of  fifteen 
persons  into  this  Collony;  Whose  Names  are  in  the  Records  mentioned 
under  this  pattent.  To  have  & to  hold  the  said  plantation  unto  the  said 
John  Jenings  & Thomas  Relfe  his  heirs  & assigns  for  ever,  with  privi- 
ledges  of  hawking,  hunting,  ffishing  & Howling,  With  all  Woods  A 
trees,  With  what  else  is  there  standing  and  growing  & being,  wth  their 
due  share  of  all  mines  & mineralls,  With  all  profitts,  Comodities  & 
hereditaments  whatsoever  belonging  to  the  said  Land.  Yielding  & pay- 
ing unto  us  therefore;  and  our  heirs  and  successors  vearelv  every  29th 
day  of  Septem'  according  to  the  English  account,  for  every  ffifty  acres 
of  land  hereby  granted  one  shilling  of  lawfull  English  money  or  the 
value  thereof  for  every  of  the  aforesd  ffifty  acres  to  bee  holden  of  us  in 
fee  and  coition  soccage.  provided  allwavs  that  if  the  sd  land  bee  not  seated 
within  one  year  after  the  date  hereof  that  then  this  pattent  to  be  void  or 
else  to  stand  in  full  force.  Given  att  Mr  George  Durants  house  under 
the  scale  of  the  County  of  Albemarle  this  5th  dav  of  fFebruarv  being  the 
16"'  year  of  our  possession  of  our  provinc  of  Carolina  Ano  Dofni  1679. 
W i tnes  Jn°  Jenkins  esqr  Gov'  and  Contain!'  in  cheife  of  our  sd  County, 
and  our  trusty  and  welbeloved  Councello™  who  have  hereunto  sett  their 
hands  the  dav  A veare  abovesaid. 


JOHN  JENKINS 
RICH'  FFOSTER 


John  Jenings  & Tho:  Relfe 
750  acres  of  land. 

JOHN  WOLFENDEN 


JN°  WILLOUGHBY 
WILL*”  CRAWFORD 
ROB'  HOLDEN 


27  2 


COLONIAL  RECORDS. 


[B.  P.  K.  ().  Coloniaij  Papers.] 


The  affidavitt  of  Henry  Hudson  aged  54  yeares  or  therabouts  saith 
That  in  July  Ki77  Mr  Thomas  Miller  arived  in  Albemarle  in  Caro- 
lina wth  sundry  Comissions  and  Instructions  relateing  to  his  Majesty  and 
the  Lds  Propriet”  affaires  whereof  one  was  to  be  Collect1,  of  ye  Customes 
their  and  after  haveing  by  y®  advice  and  assistance  of  y®  then  Counsell 
there  reduced  v®  Indians  and  y®  Governm1  wch  y®  yeare  before  and  then 
alsoe  lay  in  a tumultuous  confusion,  he  setled  his  Majestyes  affaires  re- 
lateing  to  y®  Customes  appointing  officers  for  each  River  and  amongst  the 
rest  did  depute  this  Deponent  his  Deputy  Collect1"  for  collecting  his  Majty‘ 
dutyes  in  the  Lower  Pts  in  pursuance  of  wch  this  deponent  acted  sometime 
in  yt  affaire  and  had  receaved  in  good  bonds  to  y®  quantity  of  410  hhds 
of  Tobacco  for  his  Majestyes  use  and  about  £300  ster*  of  Contrabanded 
Goods  seazed  as  illegally  imported  and  soe  for  v®  space  of  five  months 
things  went  on  in  quiet  and  peaceable  manner  as  to  the  Gener11  (though 
some  were  factious])'  inclined  untill  Xber  following  upon  y®  arivall  of  one 
Capt.  Zaeh.  Gillam  of  Loud”  that  yeare  the  inhabitants  then  riseing  up 
in  Armes  thier  broke  out  a more  violent  resurrection  then  heretofore 
Even  to  an  absolute  subverting  the  whole  authority  derived  both  from  y® 
King  and  y®  Lds.  Propriet”  seazing  and  imprisoning  y®  said  Miller  and 
the  Lds.  Prop”  Deputyes  and  all  others  in  authority  and  office  Yea  and 
all  such  of  the  Inhabitants  alsoe  as  would  not  joyne  wth  them  they  then 
writt  a seditious  letter  to  the  Lower  Pts.  to  one  Mr  Rich.  Foster  to  give 
him  an  acco*  what  they  had  donn  above  wth  all  requireing  him  to  suraons 
y®  Inhabitants  below  to  chuse  Burgesses  for  a new  Assembly  (as  they 
cald  it)  and  to  seaze  this  deponant  prisson1  all  wch  was  donn  and  they 
mett  accordingly ; att  whose  meeting  this  depon‘  being  then  thier  prisson1 
was  forced  to  be  prsent  wth  them  though  v*  very  day  he  was  to  receave 
upon  y®  Kings  acco1  100  hhhds  of  Tobacco  for  Customes  of  one  Jo“  Wil- 
liams a New  England  Traider  whome  they  suffered  to  depart  without  pay- 
ing any  duty  at  all,  notwithstanding  this  depon*  required  assistance  from 
them  and  gave  caution  thereof  to  y®  sd  Foster  and  y®  rest  of  y®  Gang 
thier  mett  who  instead  of  choseing  Burgesses,  they  by  a shout  of  one  and 
all  erved  out  wee  will  have  noe  Lods  uoe  Landgraves  noe  Cassiques  we 
renounce  them  all  and  fly  to  the  King’s  protection  soe  downe  went  v® 
Lords  Propriet”  for  about  halfe  an  owre  untill  y®  said  Foster  tould  them 
that  way  would  not  doe,  whereupon  they  erved  up  v®  Lods  agaiue  and 
went  to  chusing  thier  Burgesses  as  they  eald  them  wch  Burgesses  being 


COLONIAL  RECORDS. 


273 


thus  chosen  had  instructions  from  y®  Ruble  how  they  should  prceed  att 
thicr  assembly  wch  was,  first  absolutely  to  insist  upon  a free  traid  to 
transport  tliier  tobacco  where  they  pleased  and  how  they  pleased  without 
paying  any  duty  to  ye  King;  Upon  wch  some  of  them  cryed  out  God 
dame  ye  Collector  and  this  Depon4  verily  thought  they  would  have  mur- 
thered  him:  the  next  thing  was  that  they  should  bring  y®  said  Miller  to 
a tryall  for  severall  odious  erymes  they  then  contrived  to  tax  him  wthall 
one  espeaeially  for  cheating  the  Country  of  135,000  lbs  of  Tobacco  wch 
was  secured  upon  y®  Kings  acco44  by  y®  said  Miller  woh  as  they  said  be- 
longed to  them  and  the  wch  if  he  had  not  done  they  nevr  would  have 
troubled  him  about  tliier  prtended  imputation  of  treason  or  any  thing 
else  they  had  framed  against  him  as  Will:  Crafford  one  of  y®  Cheefe 
Ringlead”  often  told  this  Depon4  while  he  was  a prisson*  in  his  house 
then  they  were  to  seaze  all  his  Maj4-'8  Customes  into  y®r  hands:  these  In- 
structions being  given  the  sd  Foster  wth  his  Burgesses  carried  this  Dep4 
a prissonr  along  wth  them  to  one  George  Durant’s  house  wch  was  y®  aj>- 
pointed  place  for  ver  meeting  and  where  y®  aforesd  Mr  Miller  and  y®  Lods 
Deputyes  and  other  Officers  were  prissoners  and  where  they  kept  this 
deponant  undr  a guard  of  thre  files  of  soldiers  takeing  violently  from 
this  Depon4  all  the  Kings  bonds  aeeo48  and  consumes  whatsoever  from 
him  and  after  delivered  them  to  -Jo"  Culpeper  tliier  Collect1  where  y® 
aforesd  Gillum  was  and  countenancing  them  with  his  presence  A furnish- 
ing them  w4h  drink  nor  would  he  open  store  untill  he  see  what  would 
be  done  about  v®  Governm4  and  was  alsoe  p'sent  when  they  created  a 
Pdement  consisting  of  Tho.  Collen,  Speaker,  James  Blunt,  Anthony 
Slocum,  Jo"  Vernham,  Henry  Bonner,  Jo"  Jenkins,  Sam.  Pricklove, 
Will1"  Therrill,  Caleb  Calloway,  Alexander  Lillington  Will1"  Cra- 
ford  Vallantine  Bird  since  dead  Will1"  Jenings,  Tho.  Jarvies  Enoch 
Billings  Rich  Sanders  Patrick  White  & Will"'  Sears  who  was 
ther  Dnunmr  in  all  about  18  of  them  this  prlement  seperated  five  of 
yer  Memb™  viz4  Jo"  Jenkins  Will1"  Craford,  James  Blunt,  Patrick 
White  and  Valantine  Bird  to  joyne  w4h  one  Mr  Richard  Foster  tliier 
cheefe  Judge  to  make  a Court  of,  and  then  this  Court  impanelled  a 
Grand  Jury  out  of  y®  souldiers  and  confused  Ruble,  the  foreman  whereof 
was  one  Mordecav  Bowdon  a New  England  T raider  and  one  much  in- 
debted to  y®  King  w®h  foreman  consulting  wth  one  Jo"  Culpeper  (tliier  Col- 
lector  atoms4  and  cheefe  scribe  A counsellor)  how  he  should  bring  in  y® 
Inditem4  against  v®  sd  Miller  the  sd  Culpeper  told  him  he  must  Indosse 
Billa  vera  whereupon  this  Jury  went  out  and  quickly  returned  againe 
but  y®  sd  foreman  instead  of  indossing  Billa  vera  put  downe  Bill  of  Error 

31 


274 


COLONIAL  RECORDS. 


whereupon  the  Court  looking  wishtly  upon  it  as  much  amazed,  the  sd 
Culpeper  snatcht  it  from  them  and  told  them  it  was  only  a mistake  in 
ye  foreman,  whereupon  yc  foreman  prsently  replved  he  had  donn  as  y®  sd 
Culpeper  had  bid  him;  but  however  wthout  a second  goeing  out  or  more 
adoe  it  was  mended  and  soe  passed  for  good  the  wch  manner  of  prceed- 
ings  was  not  denyed  but  owned  by  Foster  and  others  of  y®  Court  when 
questioned  by  this  Depon4  about  it  Upon  this  the  Sheri tfe  was  to  Im- 
panell  a petty  Jury  upon  y®  sd  Miller  y®  foreman  whereof  was  one  Joseph 
Winslow  another  New  England  Traidr  and  one  much  indebted  to  v* 
King  for  Custome  wch  was  donn  and  would  certainly  then  have  proceeded 
to  have  taken  away  y®  said  Miller’s  life  as  this  Depon4  had  great  cause  to 
belcave  (for  besides  the  many  irreverent  speeches  against  all  authority 
uttered  by  the  rable)  those  that  were  upon  this  depon18  guard  and  of  y® 
said  Miller’s  jury,  this  depon4  often  heard  them  vowe  and  sweare  that 
they  would  never  depart  thence  untill  they  sawe  y®  said  Miller  dead  or 
alive  undr ground  but  y®  comeing  in  of  v®  Govern™  Proclamation  prevented 
it  soe  that  they  proceeded  noe  further  in  it  att  that  time  only  consulted 
how  to  dispose  of  his  Majtvs  consarnes  wch  they  had  soe  violently  taken 
from  us  to  y®  payeing  their  soldiers  and  agents  wth  all  and  to  comitt  ye 
sd  Miller  prissonr  in  Irons  as  he  was  And  this  Deponant  and  y*  rest  of 
ve  King’s  officers  and  ve  Lod9  Prop™  Deputyes  and  some  other  of  v® 
Inhabitants  Close  prison™  apart  w4hout  the  prvilege  of  pen  inck  or 
paper  or  accesse  of  frendes  or  humane  converse  wch  continued  soe  w4h 
some  of  us  almost  y®  space  of  two  years  and  to  send  a strong  guard  to 
oppose  y®  Govp  wch  they  did  untill  he  dyed  in  Virginia  wch  was  not  long 
after  Soe  things  continued  in  this  posture  carrved  on  by  those  already 
named  especially  there  Court  Members  as  principal  Acto™  togeather  with 
one  Jo"  Willoughby  and  George  Durant  who  wcare  thier  Agents  sent 
home  that  yeare  to  cover  all  thier  actions  over  in  England  that  truth 
might  not  come  to  light  and  forth1  at  present  your  Depon4  saith  not. 

HEN:  HUDSONE 


Jurat  31  dieJanuar:  1679 
coram 

W Mountagu 


COLONIAL  RECORDS. 


275 


[B.  P.  R.  O.  Colonial  Papers.] 


REPORT  OF  THE  LORDS  OF  THE  COUNCIL  TO  KING 
CHARLES  2“d  7 FEBRUARY  1679-80. 

May  it  please  Yor  Maty 

In  obedience  to  Yor  Matys  Order  of  Councill  of  the  4th  instant,  We 
have  heard  the  Complaint  of  the  Commiss"  of  yor  Matys  Customes  agst 
John  Culpeper  and  being  attended  by  the  Lords  Proprietors  of  Carolina 
we  were  fully  satisfyed  that  the  said  John  Culpeper  had  bv  divers  sedi- 
tious practises  abetted  and  encouraged  a Rebellion  in  that  Province, 
whereby  seaven  of  the  Lawfull  Magistrates  Deputies  to  the  Lords  Pro- 
prietors were  all  imprison’d  (the  eighth  of  them  only  being  drawn  into 
that  Confederacy)  And  that  the  said  John  Culpeper  by  color  & force  of 
that  Rebellious  Authority  imprisoned  the  Collector  of  Yor  Matys  Cus- 
tomes, and  having  seized  into  his  own  hands  the  Customs  belonging  unto 
yor  Maty  diil  by  a Proclamation  in  his  owne  name  declare  himself  the 
Lawfull  Collector,  embezeling  and  endamaging  Yor  Matys  Customes  to  a 
considerable  value.  All  which  being  proved  upon  oath  before  us  the 
said  Culpeper  acknowledges  ye  Fact  A laves  himself  at  Yor  Maty*  feet  for 
Your  Gracious  Pardon.  And  in  case  Yor  Maty  shall  think  not  lit  to  Extend 
Yor  mercy  towards  him,  he  desires  he  may  be  tryed  in  Carolina  where 
the  fact  was  committed  But  wthall  the  Comm"  of  yor  Matys  Customs 
humbly  beseech  vor  Maty  that  no  favor  may  be  shewed  him  unless  he 
make  or  procure  satisfaction  for  the  Customs  seized  and  embezeled  by 
him  which  we  are  informed  do  amount  to  the  value  of  about  three  thou- 
sand pounds  step. 

All  which  &c 

Councill  chamber  ANGLESEY 

the  7th  of  Feb:  1679-80  WORCESTER 

LAUDERDALE 

BRIDGWATER 

L.  HYDE 

11.  COVENTRY. 


270 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Paters.] 


The  Affidavits  of  John  Taylor  who  deposed  saitli 

That  in  Aprill  1078  this  Deponent  mett  wth  Mr  Tim0  Biggs  in  Lon- 
don who  upon  some  conference  had  wth  him  told  me  he  lived  in  Albe- 
marle in  Carolina  A from  thence  had  then  been  fbred  to  break  prison  A 
make  his  escape,  hirnselfe  A ye  rest  of  ye  Lds  Propriet”  Deputyes  A his 
Maty“  Custome  officers  being  there  imprisoned  particularly  Mr  Tho.  Mil- 
ler ye  then  Presid*  A Commander  in  Clieife  undr  the  Govern' (Tho.  East- 
church  Esq' since  deceased)  for  y®  Lords  Propriet”  A alsoe  Collect' for  his 
Maty  was  clapt  in  irons  A in  shorte  y®  whole  Government  (wch  had  been 
near  5 monthes  settled  in  good  ord'  by  y®  said  Miller  A Councell) 
ov'throwne  by  a Rebellion  wch  in  Decemb'  1677  upon  y®  arrivall  of  Capt. 
Zaeh  Gillum  from  London  broak  out  wherein  after  ye  publique  Records 
first  seized  sundry  lockes  broak  open  in  ye  action  all  in  authority  or  office 
were  deposed  seized  A imprisoned  A ye  sd  Rebellion  contrived  promoted 
A carried  on  by  ye  sd  Gillum  who  was  the  first  man  that  appeared  in  urines 
A wth  ye  majr  parte  of  his  rude  sailers  on  ye  shore  A alsoe  drew  his  sword 
at  ye  sd  Biggs  ye  Earle  of  Cravens  Deputy  together  wth  Jno.  Culpeper, 
Rich.  Foster,  Jno.  Jenkins,  Ju.  Blunt,  Win.  Crawford,  Putt  White,  Geo. 
Durant,  Geo.  Willoughby  wth  sev'ull  others  their  Confederates  A New 
England  Trad™  wch  Culpeper  assuming  ye  title  of  his  Matys  Collect'  by 
meanes  and  assistance  of  ye  sd  Gillum  A ye  rest  of  their  accomplices  tooke 
his  Matys  concernes  violently  out  of  ve  sd  Millers  A his  deptys  hands  wch 
were  to  a consid'able  value  A for  wch  he  y*  sd  Biggs  told  me  y*  Mr  Miller 
had  taken  great  cure  for  freight  for  its  transportation  thence  for  England 
according  to  ord'  And  this  Depon*  further  saitli  he  was  an  ear  witness  to 
ye  information  wch  ye  sd  Biggs  made  in  relation  to  y®  premises  in  his  Pe- 
titions both  to  ve  Propriet"  A to  ye  Lord  Treasurer  when  he  was  in  Eng- 
land in  *ye  yeare  aforesd  A alsoe  y*  ye  sd  Biggs  was  ordered  by  y®  sd  Ld. 
Treasurer  to  make  affidavitt  thereof  A petition  ye  Kings  Counsell  wch  ye 
sd  Biggs  was  then  intended  to  doe  but  in  ye  Intrim  ye  Propriet"  (sende- 
ing  away  Seth  Sothell  Esq'  who  had  purchased  a Propriety  to  be  Gov'n') 
they  commanded  M'  Biggs  to  desist  and:  now  the  sd  Sothell  being  taken 
by  ye  Turkes  is  ye  cause  y*  things  to  this  day  remain  allmost  in  the  same 
confusion  as  before. 

And  this  depon'  saitli  further  he  went  to  Albemarle  in  Carolina  wthy® 
sd  Biggs  A in  Feb'y  1678-9  we  both  arrived  at  yc  sd  Biggs  his  house  there 
A soone  after  o'  arrivall  yc  Rebellious  Rabble  mett  att  ye  foresd  Durants 
house  ye  usuall  jilace  of  there  Randezvouse  A ye  first  salutation  y‘  Mr 


COLONIAL  RECORDS. 


277 


Biggs  had  from  them  (notwithstanding  his  former  declarations  for  peace 
& quietness)  was  a fiemptory  warrant  to  summon  him  before  them 
chargeing  him  to  bring  wth  him  all  papers  both  private  & publique  wch 
he  had  brought  wth  him  from  England  and  to  answer  such  matters  as  they 
had  to  objecte  against  him  woh  sd  warrant  1 both  saw  & read  whereupon 
Mr  Biggs  asked  this  deponents  advice  w‘  to  doe  who  told  him  y*  as  he 
was  y®  Earle  of  Cravens  Representatives  A Comptr  & Survey1  Genrall  of 
his  Majts  Customes  y®  best  way  was  to  goe  up  to  them  A publish  his  Com- 
missions & y®  sd  Biggs  did  goe  to  them  & publish  y®  same  & this  depon4 
went  wth  him,  where  he  saw  all  y®  aforesd  Ringlead™  (Willoughbie  <& 
White  onely  excepted)  Captn  Zack.  Gillam  being  there  also  who  seemed 
to  carry  y®  greatest  sway  A superintendency  ovr  them,  but  could  not  per- 
ceive this  fair  proceeding  of  Mr  Biggs  took  my  effects  wth  them  they  be- 
ing as  resolute  as  before,  then  Mr  Biggs  put  a paper  up  att  y®  Court  doore 
signifieing  y*  he  being  y®  onely  officer  for  y®  King  that  was  arrived  in  y‘ 
Country  aforesd  he  would  offitiate  in  y®  Kings  affaires  wch  paper  1 saw  & 
John  Culpeper  pulditt  downe  & soone  after  putt  up  another  signed  by 
himselfe  as  Collect1  chargeing  all  ^sons  to  take  noe  Cognizance  (as  to  y® 
Customes)  of  Mr  Biggs  w°h  paper  is  to  be  p'duced,  neither  would  y®  sd 
Culpeper  give  y®  sd  Biggs  any  aceo4  of  y®  Kings  concernes  in  his  hands 
wch  to  my  cert ai ne  knowledge  Biggs  demanded  accordingly  as  he  was 
directed  by  his  instructions  from  y®  Comm™  of  y®  Customes,  but  Cul- 
peper told  him  lie  valued  not  his  Commission  or  Instructions  excptc 
he  would  joyne  w4h  them  suing  likewise  the  Country  had  impowred  him 
& he  would  keep  w4  tobacco  he  had  of  the  Kings  in  his  hands  & dispose 
of  itt  as  he  thought  fitt  absolutely  refuseing  to  give  him  any  acco44  at  all 
and  more  over  the  said  Culpeper  did  threaten  if  Mr  Biggs  made  size's 
for  y®  King  or  meddled  w4h  his  Tobacco  he  would  have  him  secured  and 
clapt  up  againe  & soe  did  all  y®  aforesd  Gang  threaten  the  said  Biggs  to 
reimprison  him  or  do  him  a mischeife  either  on  board  or  on  shore  if  he 
acted  w4hout  them  wch  insolent  threats  A surly  behaviour  of  them  caused 
th(‘  said  Biggs  w4h  y®  lielpe  of  his  family  & mync  assistance  alsoe  woh  lie 
had  desyred  to  be  upon  our  guard  night  and  day  for  fear  of  being  sett 
upon  by  them  & when  we  went  to  sleep  to  have  our  gunns  ready  charged 
by  us  least  wee  should  be  surprised  in  this  miserable  condition  we  lived 
till  y®  sd  Biggs  was  forced  (for  his  owne  saifty)  to  quitt  his  home  & goe 
into  Virginia  where  this  deponent  lefte  him  A came  for  England. 

JNO  TAYLOR 


J ur4  31  die  Januar  167b 
coram 


Wm  Mount  agu 


278 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Papers.] 


AFFIDAVIT  OF  THOS.  MILLER  CONCERNING  THE 
REBELLION  OF  CAROLINA 

The  affidavit  of  Tho.  Miller  aged  31  years  or  thereabouts  saith — That 
in  or  about  the  middle  of  July  1677  hee  arrived  in  Albemarle  County  in 
Carolina  with  Sundry  Commissions  Instructions  & other  Instruments  ot 
writing  from  the  Right  Hon1'10  the  Lords  Prop"  of  the  sd  Province  under 
their  Lorps  handes  & scales  for  this  deponent  to  be  Register  (wch  then  was 
in  y®  stead  of  Secretary)  of  that  County  aforesaid  and  also  to  personate 
one  of  their  Lorps  in  Couneill  there  and  other  Comissions  and  Instru- 
ments of  writing  from  the  then  Govr  vid.  Thom.  Eastchurch  Esqr  for 
this  deponent  to  preside  in  Couneill  & to  bee  Comandr  of  ye  military 
forces  of  sd  County  af‘oresd  during  his  y9  sd  Gov"  absence  and  also  a 
Comission  from  the  honble  y9  Comiss"  of  his  Majestyes  Customes  for  this 
deponent  to  bee  Collector  there  with  sundry  Instructions  to  act  by.  In 
pursuance  whereof,  after  having  (by  y®  advice  of  the  then  Couneill  theVe) 
setled  the  Lords  Prop"  affaires  relating  to  their  govern off  reduced  the 
Indians,  who  the  year  before  (as  was  manifested  to  y®  deponent)  vid.  in 
76  had  comitted  sundry  murders  and  depredations  upon  some  of  the  in- 
habitants) and  had  brought  y®  people,  who  in  y®  sd  year  of  76  (as  did  ap- 
pear to  ye  deponent)  and  then  also  were  in  a miserable  confusion  by  rea- 
son of  Sundry  factions  amongst  them  to  a reasonable  good  conformity  to 
his  Majestyes  and  the  Lords  Prop"  Laws  and  authority  and  (as  y"  seemed) 
to  the  generall  satisfaction  of  y®  inhabitants.  The  deponent  then  setled 
his  Majestyes  affaires  in  reference  to  y®  Customes  and  for  the  better  man- 
aging and  collecting  the  same  had  appointed  deputyes  and  other  sub  offi- 
cers in  each  preeynct,  And  had  together  with  hiss4  Deputyes  gotten  into 
their  hands  (for  his  Majtyes  use)  from  y9  former  Collector  appointed  by 
the  Country  and  part  received  themselfes  as  much  of  the  Kings  Concerns 
in  bonds  for  tobbacco  and  tobbacco  received  as  amounted  in  y9  whole  to 
327068  pounds  wch  in  hogsheads  allowing  400  pounds  to  one  hogshead 
comes  to  about  817  hogsheads  as  by  account  will  appear  and  in  sundry 
other  bonds  for  money,  as  also  in  several  1 seizures  of  European  goods 
judged  illegally  imported  and  of  a vessell  called  the  Patience  for  import- 
ing some  of  y®  sd  goods  made  by  him  and  his  deputy  and  in  goods  re- 
ceived in  lieu  of  tobbacco  for  the  Kings  Customes  as  amounted  to  the 
value  of  1242.£  18s  Old  sterling  as  by  account  will  also  appear  the  pro- 


COLONIAL  RECORDS. 


279 


duct  and  effect  whereof  (his  salary  excepted)  lice  had  taken  care  for  trans- 
portation that  very  year  according  to  the  honb,e  the  Comiss”  of  the  Cus- 
toms Orders  as  will  partly  appear  by  Mr  Henry  Hudson  and  Mr  Tynio- 
thy  Biggs,  but  was  hindred  therefrom  by  reason  of  an  Insurrection  and 
(as  y6  deponent  humbly  conceives)  a rebellion  which  violently  broke  out 
in  y‘  Country  1 0ber  77  and  hath  to  this  day  continued  without  any  effectuall 
restraint  and  suppression,  notwithstanding  all  the  endeav”  of  ye  Lords 
Prop”  in  comissionating  & appointing  Seth  Sothel  Es(jr  to  be  Govr  and  to 
reduce  the  same  wch  was  contrived  and  carried  on  then  and  since  by 
Richard  Foster  John  Jenkins  George  Durant  John  Willoughby  Win. 
Craford  Patrieke  White  James  Blunt  Capt.  Zaeh.  Gillam  John  Culpeper 
with  other  their  Confederates  and  New  England  traders  wch  Culpeper 
(by  y®  encouragement  and  aid  of  ye  sd  Gillam  and  the  rest  of  their  ad- 
herents) assuming  the  like  and  office  of  his  Majtyes  Collecto1'  violently 
seized  the  premises  out  of  his  and  his  deputyes  hands,  most  cruel  ling 
imprisoning  them  and  disposed  of  the  King  concerns  according  to  their 
own  will  and  pleasure  overthrowing  the  govern m‘  imprisoning  all  or 
most  in  authority  & office  besides  and  comitting  sundry  other  outrages 
upon  all  other  the  inhabitants  that  would  not  jovne  with  ym  in  these  ex- 
orbitancyes  committed  in  this  Insurrection  wch  was  begun  and  carried  on 
after  this  manner  following  Upon  the  4th  day  of  10tar  1(177  and  3 dayes 
after  Capt.  Zaeh.  Gillam’s  arrival!  there  a parcel]  of  men  to  v*  number 
of  30  or  40  of  the  precinct  of  Pasquotank  in  v®  aforesd  County  being  set 
on  by  the  fores11  Culpeper  Craford  and  encouraged  by  ye  example  (woh  2 
of  ye  Lords  Prop”  Deputyes  coin  play  ned  of  to  this  Deponent)  as  well  as 
assistance  with  armes  of  y®  sd  Gillam  and  headed  by  one  Valentine  Bird 
and  Edward  Wells  did  without  making  any  addresse  complaint  or  infor- 
mation to  the  deponent  or  any  else  in  authority  and  without  anv  lawfull 
warrant  or  order  with  force  and  arms  vid.  swords  guns  and  pistolls  vio- 
lently rush  into  the  house  where  the  deponent  and  2 more  of  the  Lords 
Prop”  Deputyes  were  present  and  seized  us  as  their  prisoners  and  then 
went  to  searching  over  the  publique  records  and  other  of  the  deponents 
writings  woh  the  sd  party  had  brought  with  them  having  vc  day  before 
violently  entred  one  Mr  Tymothv  Biggs  his  house  and  there  breaking 
open  sundry  the  deponents  locks  seized  the  said  Records  and  whatever 
other  of  y®  deponents  writings  were  y"  to  bee  found,  having  also  in  this 
action  sent  abroad  up  and  down  v®  Country  their  seditions  libells  drawn 
by  y®  sd  Culpeper  to  put  all  in  a flame  and  on  v®  sd  4th  of  10bor  a little 
after  y®  deponent  and  ye  other  2 Deputyes  aforesd  were  seized  their  pris- 
on” some  of  y®  ringleaders  vid.  Bird  Craford  Wells  <fe  others  went  on 


COLONIAL  RECORDS. 


280 


board  y8  sd  Gillam’s  ship])  (wch  in  all  these  confusions  rid  with  Jack  En- 
sign Flag  and  Renon  flying  while  wee  were  prison”  at  Pasquotanck) 
where  on  board  there  was  y8  sd  Gillarn  the  aforesd  Culpeper  and  Durant 
and  after  about  one  houres  or  thereaboutes  staying  on  board  they  came 
ashoar  again  with  fresh  new  Ourtleaxes  for  vmselvesand  many  of  the  rest 
of  their  gang  and  then  altering  their  first  pretences  they  searched  the 
deponents  and  his  deputy  Mr  Biggs  pockets  and  took  away  all  our  pub- 
lique  and  private  writings  and  pocket  books  woh  they  found  about  us  and 
then  y*  sd  Culpeper  writt  another  seditious  letter  woh  the  deponent  saw 
and  wch  was  signed  by  yc  aforesd  Bird  and  Craford  directed  to  y° 
aforesd  Mr  Foster  in  ve  Lower  Precinct  of  v‘  County  called  Currituck 
giving  him  account  of  what  they  had  done  and  how  they  succeeded 
and  with  all  requiring  or  directing  him  there  to  seize  Henry  Hudson  my 
deputy  Collect1  for  y*  precinct  and  all  papers  about  him  relating  to  ye 
Kings  affaires  and  to  bring  him  prison1  with  him  and  his  Company  at 
y°  Generali  Meeting  which  they  proposed  to  bee  at  ye  foresd  George  Du- 
rant’s house  and  about  2 days  after  the  said  Culpeper  went  up  into  y8 
Upper  parts  of  the  County  called  Chowan  (as  was  given  out  bv  himselfe 
and  the  rabble)  where  the  like  disturbance  was  begun  and  more  violently 
agitated  by  the  sd  Culpeper  and  where  they  had  seized  the  Marshall  of 
the  County  with  all  his  papers  relating  to  his  Majtys  and  Lords  Prop" 
affaires  and  then  after  that  the  sd  Culpeper  returned  and  in  his  return 
seized  y8  deponents  Clerk  a prisoner  and  a little  after  the  -d  Culpepers 
return  there  followed  a party  of  men  in  arms  from  that  precinct  of 
Chowan  bringing  y8  sd  Marshall  with  ym  a prisoner  their  main  guard  then 
at  y8  foresd  Craford’s  house  w8h  was  forced  in  at  Pascotank  then  (after 
some  14  or  15dayes  keeping  the  deponent  & ve  other  Lords  deputys 
(which  they  had  taken  close  prisoners)  the  said  Craford  vowing  and 
swearing  that  if  any  came  to  oppose  them  or  relieve  us  y‘  they  would 
stand  by  each  other  to  y8  last  dropp  of  blood  and  that  if  any  dved  to  bee 
sure  wee  that  were  their  prison"  to  dy  first.  They  carried  this  deponent 
and  their  other  prison”  round  by  water  in  hostile  manner  to  v8  fores'1  Du- 
rant’s house  and  there  in  the  middle  of  a guard  of  60  or  70  men  in  arms 
kept  us  close  from  all  humane  converse  or  accesse  of  friends  neither 
would  they  admitt  us  the  speech  of  one  another  The  next  day  after  our 
being  brought  to  Durant’s  as  aforesd  they  sent  a part)’  of  soldiers  headed 
by  the  aforesd  Mr  Bird  to  search  for  the  deponent’s  box  wherein  was  all 
his  Comissions  Instructions  his  Majtys  printed  Proclamations  and  lettr 
and  all  other  bills  bonds  accounts  and  other  papers  relating  to  the 
King’s  the  Lord8  Prop"  the  former  Gov"  and  this  deponent  together 


COLONIAL  RECORDS. 


281 


with  the  Lords8  great  seal  of  y®  County  and  many  other  books  and  things 
of  value  wch  box  the  sd  party  soon  found  (though  hid  in  a tobbacco  hogs- 
head) and  carried  it  to  y®  sd  Durants  house  where  in  presence  of  y®  said 
Culpeper  Craford  Durant  and  y®  rest  of  y®  Ringleaders  then  met,  it  was 
broken  open  and  all  things  therein  contained  Ilauocked  at  yr  pleasure  as 
y®  deponent  saw  openly  and  then  afterwards  on  the  very  same  day,  by 
the  instigation  of  the  said  Culpeper  (who  was  the  cheife  scribe  that  writt 
y®  paper  or  accusation)  Craford,  Bird,  Durant,  & others,  they  did  cause 
y®  depon*  by  beat  of  Drum  and  a shout  of  one  and  all  of  y®  rabble  to 
bee  accused  of  blasphemy,  treason  and  other  crimes,  and  so  upon  a shout 
of  one  and  all  of  y®  sd  rabble,  was  the  deponent  ordered  to  bee  clapt  in 
Irons  wch  was  accordingly  done  then  were  the  stocks  and  pillory  over- 
turned and  throwne  into  the  river  by  this  rabble  part  of  y®  deponents 
magazine  and  estate  in  whatever  specie  wherever  to  bee  found,  Havocked 
at  yr  pleasure  and  the  rabble  being  still  influenced  by  y®  sd  Culpeper,  Craf- 
ord, Durant,  Jenkins  Ac  (the  forcsd  Gillam  being  alsoe  there  countenancing 
this  rout  with  his  drink  A presence)  they  upbraided  his  Majtys  proclamations 
and  Lds  Prop"  authority,  and  there  Lordshipps  much  threatened  also  by  the 
sd  Culpeper,  Durant,  Craford  especially  the  said  Craford  said  (which  this 
deponent  heard  with  his  owne  ears)  that  if  y®  (fovr  came  among  them 
there  or  the  Lords  either,  they  would  serve  them  y®  same  sauce  or  words 
to  that  purpose  and  at  this  stand  the  rabble  stood  (onelv  still  sending  out 
scouts  and  partyes,  either  to  threaten,  seize,  disarm  imprison  or  chase  out 
of  y®  Country  all  in  authority  or  office  or  any  else  that  would  not  Jovn 
with  y“)  till  about  4 or  5 days  after  up  came  y®  aforesd  Foster  with  his 
party  from  v®  Lower  precinct  called  Carituek  bringing  with  them  as  yr 
prisoner  the  aforesd  Mr  Henry  Hudson  Deptv  Colleeto1  for  his  M ajty® 
there,  upon  whose  coming  they  suddenly  elected  a parliament  out  of  this 
medley  as  a confused  rabble  (making  their  dimmer  one  of  y®  burgesses) 
consisting  of  about  18  persons,  this  parliam*  seperated  5 of  y®  members 
vid : the  forsd  Jenkins,  Blunt,  Craford,  White  and  Bird  (since  deceased) 
to  Joyne  with  y®  aforsd  Foster  to  make  up  one  Juncto  or  Court  and  this 
Court  so  called  took  upon  ym  Judiciall  authority  and  sate  as  y®  supream 
Court  upon  2 of  y®  Ld8  Prop”  deputves  vid:  Cap4  Tymothy  Biggs  dep- 
uty for  v®  right  honrM®  the  Earle  of  Craven,  whom  they  accused  of  mur- 
der and  Mr  John  Nixon  Deputy  to  Sr  Peter  Colleton  whom  they  also 
accused  of  treason  and  then  brought  y®  deponent  before  vm  in  Irons  pull- 
ing of  his  hat  and  then  upon  him  impanelled  a Jury  (as  they  called  it) 
out  of  this  rabble,  the  foreman  whereof  was  one  Mordslay  Bouden  a New 
England  trader  and  one  much  indebted  to  his  Majesty  the  rest  scarce  4 of 
32 


282 


COLONIAL  RECORDS. 


them  could  read  or  write  and  this  Jury  without  any  law  or  statute  with 
ym  were  sent  out  with  such  articles  and  Inditements  as  John  Culpeper 
their  Cheif  Councillour  and  scribe  and  George  Durant  their  Atturney 
generall  had  contrived  ag8k  ye  deponent  wch  Jury  quickly  returned  again 
with  what  y°  sd  Culpeper  had  ordered  him  to  do  as  y®  foreman  openly 
blurted  out  in  their  Court  and  upon  this  they  ordered  their  sheriffe  to 
impannell  a petty  Jury,  who  being  stark  drunk  as  y®  deponent  himself 
saw  went  about  sumoning  of  ym  hee  intended  should  have  been  y®  Jurors 
on  y®  deponents  life  who  were  both  scandalous  infamous  and  illiterate 
persons  and  were  resolved  y"  (as  y®  deponent  conceives)  to  have  taken 
away  his  life  for  little  else  could  y®  deponent  hear  from  ym  but  the  threats 
vows  and  bloody  oathes  of  stabbing  hanging,  pistolling  or  poysoning 
but  notwithstanding  all  this  was  then  prevented  by  y®  coming  in  of  y® 
Govern”  proclamation,  which  hee  from  Virginia  (being  there  arrived 
some  8 or  9 dayes  before)  at  y®  very  nick  of  ty me  sent  in,  although  it  was 
by  y®  sd  Culpeper  corruptly  abbreviated  and  transcribed  and  so  bv  him 
published  to  the  rabble  the  originall  (wch  was  under  y®  sd  Gov”  hand 
and  scale)  not  suffered  to  bee  seen  or  published  to  the  Inhabitants  and 
then  they  took  order  and  sent  a guard  of  y®  soldiers  to  oppose  the  Govr 
coming  in  and  to  dispose  of  y®  Kings  Concernes  making  y*  sd 
Culpeper  Collect®  and  to  comitt  the  deponent  close  prisoner  in  Irons 
as  hee  was  and  y®  rest  y®  authority  also  prison”  to  sev- 

erall  places  apart  the  forsd  Court  and  Rarliam*  broke  of  for  y*  tyme 
and  went  to  their  homes  and  thereupon  immediately  as  some  were  going 
in  their  way  they  were  highly  entertained  by  y®  sd  Gillam  on  board  his 
shipp  y®  sd  Gillam  very  joyfully  fireing  of  several  1 great  guns  to  accom- 
modate the  frolick  amongst  y®  rest  y®  deponent  saw  y®  sd  Foster,  Craford, 
Culpeper  with  v®  sd  Gillam  in  a boat  together  going  on  board  y®sd  Gillam’s 
shipp  and  suddaenly  after  this  y®  sd  Gillam  (when  hee  saw  what  was  done 
about  y®  govern®)  opened  store  and  traded  with  y®  Insurrecto”  chiefly  and 
further  v®  deponent  saitli  that  y®  Gov®  aforesd  was  kept  out  till  hee  dyed  in 
Virginia  wch  was  about  4 or  5 weeks  after,  upon  whose  death  y®  sd  Insurrect” 
called  y®  parliament  again  but  now  to  bee  held  at  one  Jenkins  his  house 
where  was  present  also  Capt.  Zach.  Gillam  among  ym  together  with  y®  sd 
Culpeper  George  Durant,  John  Willoughby,  Richard  Foster,  James 
Blunt,  Wni.  Craford  and  the  rest  where  (as  it  after  appeared  by  y®  mani- 
festation of  their  actions)  it  was  by  ym  decreed,  to  build  a Loghouse  10 
or  11  foot  square  to  inclose  y®  deponent  and  to  keep  him  from  pen,  ink 
and  paper  and  all  accesse  of  friendes  and  then  to  supervise  y®  Records 
and  the  deponents  papers  wch  they  had  in  custody  embezeling  w‘  they 


COLONIAL  RECORDS. 


283 


pleased  of  ym  and  then  to  send  2 Agents  as  they  called  ym  to  England 
and  one  forthwth  by  reason  Capt.  Tym.  Biggs,  Deputy  for  the  Earle  of 
Craven  had  made  an  escape  for  England  wch  agent  (as  y®  sd  Craford  and 
others  informed  y®  deponent)  was  credited  by  y®  sd  Capt.  Gillam  with 
money  by  bills  of  exchange  to  carry  on  y®  businesse  till  bee  came  home 
wth  George  Durant  the  other  Agent  whom  hee  then  carryed  with  him  and 
in  y®  mean  tyme  to  put  yr  Country  in  a military  posture  to  oppose  all 
till  y®  return  of  y®  agents  aforesd  and  thus  affaires  have  been  carryed  on 
to  y®  great  damage  of  his  Majty  y®  Lords  Prop”  and  sundry  of  his  Ma- 
jestyes  Leige  subjects  both  there  and  in  y®  neighbouring  Plantations  by 
reason  sundry  fugitives  have  been  entertained  among  the  Albemarle  In- 
surrectors  &c.  And  further  saith  not. 

THO:  MILLER 
1(579-80 

Jur:  31.  die  Januar  1679 
coram 

W Mountagu. 


[B.  P.  R O.  Col:  P5nt:  Book.  No.  20.  p.  HO.] 


Whitehall  8th  February  1679. 

Wee  had  comissioned  Mr  Seth  Sothell  to  be  Governor  of  our  County 
of  Albamarle  and  did  not  doubt  but  by  his  prudence  he  would  have 
remydied  the  disorders  that  have  been  amongst  you  and  established  such 
quiet  and  good  Government  that  men  of  Estates  might  have  been 
incouraged  to  come  to  you  and  adventure  their  estates  there  whereby 
trade  would  have  been  increased  and  you  plentifully  suplved  with  all 
things  but  he  being  taken  by  the  Turkes  and  carried  into  Argier,  that 
you  might  not  be  without  Government  Wee  have  thought  (itt  that  Mr 
John  Harvev  should  be  president  of  the  Couneill  and  execute  the  author- 
ity of  the  Governor  untill  the  arrivall  of  Mr  Sothell  with  you,  or  that 
wee  shall  otherwise  direct  herewith  wee  send  you  our  Instructions  our 
temporary  Laws  and  fundamentall  Constitutions  which  are  to  be  your 
guide  in  the  Government  of  our  said  County  and  wee  hope  that  your 
ownc  Interest  as  well  as  our  Injunctions  will  induce  you  to  use  your 
utmost  endeavours  to  settle  order  and  quiet  amongst  you  without  which 
you  can  never  expect  an  increase  of  strength  or  trade  which  considera- 
tions wee  hope  will  so  farr  prevail  that  wee  shall  not  be  constrained  to 


284 


COLONIAL  RECORDS. 


use  force  to  reduce  the  seditious  to  reason  the  good  and  welfare  of  all 
the  Inhabitants  of  our  province  being  what  wee  most  desire  and  not  the 
taking  away  any  mans  life  and  Estate. 


To  the  Governor  and  Councell  of  the 
County  of  Albamarle  in  the  Province 
of  Carolina. 


[I?.  P.  K.  O.  Colonial  Entry  Bk.  No.  106.  p.  118.] 


AT  TIIE  COMMITTEE  OF  TRADE  & PLANTATIONS  AT 
THE  COUNCIL  CHAMBER  AT  WHITEHALL  SAT- 
URDAY THE  8th  OF  F EBry  1679  (-80) 


Present 

Prince  Rupert 
Lord  Privy  Seale 
Duke  of  Albemarle 
Marq.  of  Worcester 
Earle  of  Bridgewater 


Earl  of  Bath 
Earl  of  Sunderland 
Earl  of  Essex 
Mr  Hyde 
Mr  Sec*7  Coventry 


Mr  Seymour. 

In  pursuance  of  an  Order  of  the  4th  inst  appointing  the  Committee  to 
examine  the  business  of  the  late  Rebellion  in  Carolina  and  the  seizure  of 
his  Majty"  Customes  by  John  Culpeper  and  others,  the  Lords  Prop”  of 
that  Province  are  called  in,  viz:  the  Earl  of  Shaftesbury,  Earl  of  Craven 
and  Sr  Peter  Colleton,  Whereupon  the  Earl  of  Shaftesbury  assured  the 
Committee  that  speedy  care  should  be  taken  to  furnish  their  Lops  with  a 
eopie  of  their  Patent  and  an  Answer  to  their  Lops  Circular  letter  and  In- 
quiries transmitted  to  them  sometime  past. 

After  which  entering  into  the  matter  of  the  Rebellion  his  Lop  informs 
the  Committee  that  about  the  year  1677  the  Proprietors  sent  over  one 
Eastchurch  to  bee  their  Govr  of  Albemarle  County  who  staying  some 
time  at  Antego  deputed  Mr  Miller  (who  was  besides  Collector  of  the 
King’s  Customes  and  his  Lops  Deputy)  to  goe  and  settle  the  Country 
after  whose  arrival  the  Rebellion  broke  out,  That  Miller  is  no  Sectary 
but  given  to  drink,  and  that  the  accusation  of  High  Treason  was  brought 
against  him  spightfully  and  out  of  malice  That  upon  his  arrivall  hee 
undertook  to  modell  the  Parliament  there  which  gave  the  people  occasion 
to  oppose  and  imprison  him  Whereupon  Mr  Durant  Capt  Guillam  and 


COLONIAL  RECORDS. 


285 


Culpeper  agreed  together  to  defraud  the  King  of  his  Customes.  The 
Proprietors  doe  further  promise  to  send  the  Committee  a particular  Nar- 
rative of  the  Rebellion. 

Sr  Richard  Temple  one  of  y®  Comm"  of  the  Customs  attends  and  de- 
clares that  Culpeper  had  noe  authority  to  seize  the  King’s  customs, 
Whereupon  an  account  of  the  Customs  seized  by  Culpeper  is  read  which 
M'  Miller  had  delivered  upon  oath  to  the  Commiss"  of  the  Customs 
amounting  to  £1242  8s  ld  and  817  Hogsheads  to  which  Culpeper  replies 
that  there  was  a lawful  Assembly  set  up  by  whose  authority  lice  did  act, 
and  that  the  people  of  Carolina  agreed  upon  him  as  their  Collector  after 
the  imprisonment  of  Mr  Miller  as  a Collector  had  been  appointed  by  the 
Country  in  Virginia  after  the  death  of  Mr.  Bland. 

The  Lords  Proprietors  acquaint  the  Committee  that  the  authority 
which  constituted  Culpeper  Collector  in  the  place  of  Miller  was  rebellion 
Whereupon  Mr  Miller  produces  a paper  written  with  Culpeper’s  own 
hand  forbidding  all  persons  to  meddle  with  the  Customs  besides  himself 
which  hee  had  posted  up  upon  reading  whereof  Culpeper  says  it  was  his 
Proclamation  and  excepts  against  the  testimony  of  Mr  Miller  as  being 
Traitors  against  the  King. 

Mr  Hudson,  Mr  Summers  and  Mr  Tayler  being  sworn  depose  that 
Culpeper  did  abett  the  Rebellion  and  incite  the  people  against  the  King 
and  the  Proprietors  and  that  all  the  Proprietors  Deputes  were  imprisoned 
by  the  Rebells  except  Foster  who  joyned  with  them. 

After  the  examination  of  y®  witnesses  Culpeper  desires  hee  may  bee 
tryed  in  Carolina,  and  if  that  mav  not  bee  granted  him  hee  acknowl- 
edges the  fact  and  begs  His  Majty*  pardon  which  hee  hopes  hee  may  the 
more  deserve  since  at  his  first  arrival  in  England,  hee  waited  on  the  Com- 
missioners of  the  Customs  and  gave  them  a true  account  of  the  King’s 
customs  in  Carolina  and  promised  to  make  payment  of  them. 

The  Lords  Proprietors  inform  the  Committee  that  the  Country  is  now 
quieted  and  propose  that  the  persons  that  were  guilty  of  seizing  and  dis- 
turbing the  King’s  Customs  may  bee  obliged  to  reimburse  the  King  and 
not  the  whole  Country  by  a Tax  to  bee  laid  on  them. 

And  the  Commissioners  recommend  to  the  Committee  that  Culpeper 
may  not  bee  pardoned  till  the  King  bee  satisfved  for  his  Customs. 

The  Lords  direct  Capt.  Gilliam  who  is  accused  by  Mr  Miller  and  others 
to  have  had  a hand  in  the  Rebellion  to  attend  on  Monday  next  in  order 
to  his  examination. 


286 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Papers.] 


SIR  P.  COLLETON  TO  Mr  BLATHWAIT  9 FEBRUARY 

1 679-80. 


Sr, 

The  bearer  hereof  will  give  you  a Narrative  of  the  passages  of  Albe- 
marle as  they  have  apeared  to  the  Proprietors  by  letters  & informations 
of  ^sons  come  from  thence  with  which  I should  have  waited  on  you 
myselfe  but  that  1 am  so  extreamely  ill  of  the  gout  that  1 am  not  able  to 
stand  woh  1 hope  will  excuse 

Yor  humble  servant 

P COLLETON 

this  9th  of 

February  1679 


[B.  P.  R.  O.  Colonial  Papers.] 


THE  CASE  BETWEEN  THOMAS  MILLER  GOLLECTOr  OF 
HIS  MA.Jts  CUSTOMES  & CAPT.  ZACHARI AH  GILHAM 
CULPEPER  DURANT  CRAFORD  & OTHERS 
PRINCIPAL  AUTORS  & ACTORS  IN  Y® 

LATE  COMOTION  AND  DISTURB- 
ANCES THAT  WERE  IN  THE 
NORTHERN  PART  OF  THE 
PROVINCE  OF 
CAROLINA 

Mr  Cartwright  (who  was  related  to  Mr  Vice  Chamberlaine  one  of  y® 
Proprietors)  being  Governr  of  ve  Northern  part  of  Carolina  & being  re- 
turnd  for  England  & having  left  y®  Govern  m‘  there  in  ill  order  & worse 
hands  the  Propriet”  resolved  to  send  another  Govern1-  & such  a one  if 
they  could  be  fortunate  in  their  ehoyce  as  would  put  in  execution  their 
Instructions  ord"  & designes  The  form1-  Govern1-  having  very  much  fail'd 
them  especially  in  2 poynts — The  first  was  the  incouraging  of  the  New 
England  Trade  there — The  2d  was  their  discouraging  the  planting  on  the 
south  side  of  the  river  Albemarle.  The  latter  was  extreamely  the  inter- 
est of  the  Proprieto1-9  but  crost  allwaves  by  y®  Govern1-9  & some  of  y® 


COLONIAL  RECORDS. 


287 


cheife  of  y®  Country  who  had  ingrosit  ye  Indian  trade  to  themselves  & 
feared  that  it  would  be  intercepted  by  those  that  should  plant  farther 
amongst  them.  The  illness  of  y*  harbours  was  the  cause  that  this  North- 
ern prt  of  Carolina  had  no  other  vent  for  their  Comodityes  but  either 
by  Virginia  where  they  paid  dutyes  to  ye  Governm*  or  to  New  England 
who  were  the  onely  imediate  Traders  wth  them;  And  ventur’d  in,  in 
small  Vessells  & had  soe  manadg’d  their  a Hay  res  that  they  brought  their 
goods  att  very  lowe  rates,  eate  out  & ruin’d  y®  place,  defrauded  v®  King 
of  his  Customes  A yet  govern*1  the  people  ag*  their  owne  Interest,  to  cure 
those  evills  the  Proprs  made  choyce  of  one  Mr  Eastchurch  to  be  their 
Govern”  a Gent11  of  a good  fame  & related  to  the  Lord  Trea”  Clifford 
who  had  recommended  him  to  y®  Prop”9  formerly  for  that  place  & had  y® 
promise  of  severall  of  us.  In  Summer  1077  we  dispatched  away  the  sd 
M”  Eastchurch  together  with  M”  Miller  who  was  y®  KBB  officer  and  made 
by  us  one  of  our  Deputyes  It  happen’d  soe  \-t  they  went  not  directly  for 
Virginia  but  took  their  passage  in  a ship  bound  for  Nevis  where  M” 
Eastchurch  lighting  upon  a woman  y*  was  a considerable  fortune  took 
hold  of  the  opportunity  marryed  her  and  dispatched  away  Mr  Miller  for 
Carolina  to  settle  affayres  against  his  eomeing  who  earned  with  him  y® 
Comission  of  y®  Lds  Prop”8  to  their  Deputyes  and  Comission  from  M” 
Eastchurch  himself  that  made  Miller  Presid*  of  v®  Couneill  untill  his 
arrival  and  gave  him  very  full  and  ample  powers.  Miller  arriveing  in 
Carolina  with  these  Comissions  is  quvetlv  received  into  y°  Governm1  A 
submitted  to  not  onely  as  Gov”  but  y®  Kg’s  Collecto”  in  y®  discharg  of  wch 
duty  as  Collecto”  he  made  a very  considerable  progress.  But  as  Govern” 
he  did  many  extravagant  things,  making  strange  limitations  for  y®  chovee 
of  y®  Parliam*  gitting  pow”  in  his  hands  of  laying  fines,  woh  tis  to  be 
feared  he  neither  did  nor  meant  to  use  moderately  sending  out  strange 
warrants  to  bring  some  of  v®  most  considerable  men  of  v®  Country  alive 
or  dead  before  him,  setting  a sume  of  money  upon  their  heads:  these 
proceedings  having  startled  and  disaffected  the  people  towards  him  there 
arrives  Capt.  Zachariah  Gilliam  with  a very  pretty  vessell  of  some  force 
and  together  with  him  Durant  and  about  the  same  time  Culpeper  they 
brought  with  them  severall  Amies  w,h  were  for  Trade  in  y®  Country  and 
findeing  that  Miller  had  lost  his  reputation  A interest  amongst  y®  people 
stirr’d  up  a Comotion  seized  him  and  all  the  writings  belonging  to  y® 
Prop”8  and  all  the  Tobacco  A writings  belonging  to  y®  Kings  Customes, 
imploying  y®  K*8  Tobacco  towards  y®  charge  of  maintaining  A support- 
ing their  unlawful  actions  And  wch  aggravated  the  matter  very  much 
Durant  had  in  England  someti  me  before  this  Voyage  declared  to  some 


288 


COLONIAL  RECORDS. 


of  y°  Prop"  that  Eastchureli  should  not  be  Governo*  A threatened  to 
revolt.  Capt.  Gilliam  was  a fitt  man  for  his  turn  having  been  turn’d  out 
by  some  of  y®  Prop”  of  a considerable  imploym*  in  I liaison’s  Bay  wherein 
lie  had  very  much  abused  them. 

Culpeper  was  a very  ill  man  having  some  tyme  before  fled  from  South 
Carolina  where  he  was  in  danger  of  hang8  for  laying  the  designe  & 
indeavouring  to  sett  the  poore  people  to  plunder  the  rich.  These  with 
Crafurd  some  othr  New  England  men  had  a designe  (as  wc  conceive) 
to  gitt  yc  trade  of  this  part  of  y®  Country  into  their  hands  for  some 
years  alt  least  And  not  onely  defraud  the  King  of  all  his  (Just nines  but 
buy  the  goods  of  ye  Inhabitants  att  their  owne  rates  for  they  gave  not  to 
them  above  lialfe  the  vallue  for  their  goods  of  woh  the  Virginians  sold 
theirs  for. 

Not  long  after  this  imprisonment  of  Miller  & that  these  general  1 men 
had  formed  themselves  into  w*  Mr  Culpeper  calls  y®  Govern*  of  y®  Coun- 
try by  their  owne  authority  & according  to  their  owne  model  1,  Mr  East- 
church  arrives  in  Virginia  whose  authority  & Comission  they  had  not 
ye  least  colour  to  dispute  & yet  they  kept  him  out  by  force  of  armes  soe 
that  he  was  forced  to  apply  to  the  then  Govern1,  of  Virginia  for  aid  and 
assistance  from  him  to  reduce  them  wch  had  been  accordingly  donne  but 
y*  Eastchureli  unfortunately  dyes  of  a feavour  Presently  after  this  these 
Gentlemen  that  had  usurped  y°  Govern*  & east  of  and  imprisoned  our 
Deputyes  that  would  not  comply  wth  them  sends  over  2 Comiss"  in  their 
names  to  promise  all  obedience  to  ye  Lds  Propr®  but  insisting  very  highly 
for  right  against  Miller.  The  Prop”  perswaded  one  of  their  owne 
Membrs  Mr  Southwell  to  goe  over  & be  Gover"  himselfe  to  whoine  they 
promised  the  utmost  submission  (he  being  a very  sober  discreet  gentle- 
man) & was  allsoe  authorized  from  ye  ( 'omiss"  of  y®  Customes  to  take 
care  of  ye  Kings  concerns  there  which  wee  conceive  he  would  have  set- 
tled in  very  good  order  but  that  he  was  unfortunately  taken  by  y®  Turks 
in  his  passage  thither,  And  upon  whome  the  settlem*  of  the  place  very 
much  depends  it  being  a very  difficult  matter  to  gitt  a man  of  worth  and 
trust  to  go  thither.  His  redemption  is  every  day  expected  and  in  y® 
meanewhile  we  have  dispatched  one  Mr  Holden  with  Comissions  & Deputa- 
tions for  the  Govern1,  to  those  that  we  did  imadgine  would  manage  it  with 
most  moderation  who  sends  us  word  that  all  is  now  quvett  & peaceable 
But  his  Majty  ought  to  have  an  exact  ace*  and  reparation  for  the  damadges 
donne  in  his  Customes  and  his  officers  repayed  the  charge  of  wch  ought 


COLONIAL  RECORDS. 


289 


in  reason  to  fall  principally  upon  those  that  have  been  the  cheife  Actors 
in  it. 

(Indorsed) 

The  Case  of  T.  Miller,  Z.  Gilliam  &c  concern6  The  Rebellion  of  Car- 
olina 

Recd  from  Sr  P.  Colleton 
the  9th  of  Febry 

1679-80. 


[B.  P.  K.  O.  Colonial  Papers.] 


THE  AFFIDAVIT  OF  EDWARD  COOKE  MARIN1  WIIO 
DEPOSED  SAITH 

That  in  May  1676  this  Deponent  being  then  in  Albemarle  in  Carolina 
did  see  Mr  Thomas  Miller  then  undr  a guard  of  soldiers  a prison1'  upon  an 
accusation  of  seditious  or  treasonable  words  as  reporte  went  for  woh  they 
were  carrieng  him  from  thence  into  Virginia  to  be  tryed  by  Sr  Win. 
Berkly  and  his  Counsell.  And  further  this  depon1  saith  that  in  June  fol- 
lowing he  sawe  y®  sd  Miller  in  Virginia  who  after  he  was  acquitted  of  y° 
sd  accusations  gott  out  his  pass  and  in  July  following  came  on  board  the 
shipp  Constant  of  London  (.'apt.  Jacob  Hayes  Command1,  this  depou1 
then  being  one  of  the  said  Hayes  mates  of  y®  shipp  and  the  said  Miller 
came  home  in  the  shipp  with  us  that  voyage  and  further  saith  not 

EDWARD  COOKE 

Nono  die  februarii  79 
jurat  cor:  me 

Robt.  Clayton  Mayor 


[B.  P.  R.  O.  Colonial  Papers.] 


The  atfadavitt  of  Henry  Hudson  aged  54  veares  or  therabouts  Saith 
That  in  July  75  this  deponent  being  att  the  house  of  one  Mr  Jo“  Jen- 
kins in  Albemarle  County  in  Carolina  did  then  and  thier  both  here  and 
see  a designe  Contriveing  and  Carrying  on  by  Jo“  Culpeper  Thomas 
Willis  and  the  sd  Jenkins  wife  against  Mr  Thomas  Miller  privately  in 
33 


290 


COLONIAL  RECORDS. 


the  s'*  Jenkins  Lodging  & chamber  where  the  sd  Jenkins  himselfe  was 
sometimes  drinking  togeather  wth  the  aforementioned  prtyes  woh  designe 
was  to  lay  the  sd  Miller  undr  the  imputation  of  speaking  treasonable 
words  and  did  also  draw  in  one  Will™  Cockin  to  the  same  who  suddenly 
after  (as  was  credibly  reported)  ran  away  uiulr  horror  of  Conscience  as 
appeared  by  several  1 evidences  tliier  my  aftedavitt  in  this  matter  more 
amply  then  att  prsent  I can  in  each  circumstance  recite  I have  alridy 
sworne  too  before  v®  assembly  of  Albemarle  aforesd  in  March  1675—6  for 
wch  accusation  the  sd  Miller  was  Comitted  in  irons  a prissoner  by  y*  sd 
Jenkins  and  remaind  a long  time  after  a prissoner  untill  upon  the  man- 
date of  Sr  W”  Berkeley  the  sd  Miller  was  in  May  1676  sent  prissoner 
into  Virginia  for  tryall  before  y®  sd  Sr  Will”  Berkeley  & Counsell  tliier 
where  the  sd  Miller  in  the  aforesd  yeare  was  cleared  and  acquitted  of  the 
aforesd  Imputato”  as  did  appeare  to  the  Deponent  by  a Coppy  of  the  Or- 
der of  the  said  Sr  Will”  Berkeley  & Counsell  dated  at  James  Towne  and 
attested  by  Mr  Henry  Hartwell  Clark  of  the  Counsell  tliier  wch  was 
brought  the  Deponent  bv  the  hands  of  Timo.  Biggs  Esq.  Deputy  for  the 
Earle  of  Craven  who  was  att  that  time  ^sonally  prsent  with  y®  sd  Miller 
in  Virginia  as  he  told  this  deponent  woh  said  Coppy  the  Deponent  hath 
now  left  with  his  other  papers  in  Albemarle  aforesaid  And  further  the 
Deponent  saith  that  the  said  Miller  upon  his  goeing  for  England  the 
aforesd  yeare  sent  order  to  the  Deponent  who  was  then  the  Attorney  of 
the  sd  Miller  appointed  by  y®  Court  for  secureing  the  sd  Millers  estate 
that  he  should  lay  actions  of  Consperacy  att  the  suite  of  the  sd  Miller 
against  the  said  Culpeper  ’Willis  and  others  woh  this  deponent  accordingly 
did  and  further  this  deponent  saith  that  after  the  returne  of  the  said 
Miller  out  of  England  into  Albemarle  againe  in  y®  yeare  77  that  the  said 
Action  of  Consperacy  upon  the  humble  submission  of  the  sd  Culpeper 
by  his  letter  and  petition  to  y®  said  Miller  was  lett  fall  and  further  the 
deponent  saith  that  the  very  accusation  about  treason  now  brought  against 
the  sd  Miller  since  ye  rebellion  broke  out  in  Albemarle  Dee.  77  was  y®  very 
same  for  wch  ye  sd  Miller  was  tryed  & acquitted  in  y®  yeare  76  in  Virginia 
as  aforesd  and  further  the  deponent  saith  Willis  and  Cockin  the  two  aforesd 
Wittnesses  against  the  sd  Miller  were  run  away  out  of  the  Country  long- 
before  the  sd  Millers  returne  out  of  England  and  further  saith  not 

HEN.  HUDSON 


Jurat  16°  die  Februarii 
AnO  Dni  1679  Coram 

H.  Gregory 


COLONIAL  RECORDS. 


291 


[B.  P.  R.  O.  Colonial  Papers.] 

[Wm.  BLATHWAYT]  TO  Mr  GUY  “AB*  THE  MEETING  OF 
Ye  LORDS  PROPRIETORS  OF  CAROLINA  AND 
YE  COMM"  OF  Ye  CUSTOM ES”  19th 
FEBry  1679-80. 

Councill  Chamb®  19  Feby  1679-80 
S® 

Capt.  Gilham  who  stands  accused  by  Mr  Miller  late  Collect1  of  his 
Majty8  Customs  in  Carolina  for  having  abetted  a Rebellion  and  contrib- 
uted to  ye  embezlem*  of  his  Mau  Customs  there  was  this  day  examined 
by  the  Lords  of  y6  Committee  of  Trade  & Plantations  But  their  Lordps 
finding  no  direct  proof  ag*  him  have  left  him  under  an  obligation  of 
further  attendance  in  case  any  proof  shall  be  hereafter  brought  agst 
him  And  iny6  meantime  their  Lordps  have  desired  the  Lords  Prop”  of 
Carolina  and  the  Comm”  of  ye  Customs  to  meet  A confer  together  in 
order  to  agree  on  some  proposal  for  resetting  that  government  & the 
peaceable  A due  collection  of  his  Mates  Customs  in  that  Province  and  to 
make  report  thereof  unto  the  Committee  which  therefore  1 impart  unto 
you  that  y®  Right  Ilonble  the  Lords  Comm™  of  his  Majtys  Treasury 
may  please  to  give  directions  to  y*  Comm"  of  y®  Customs  accordingly 
I am  with  all  respect. 


[B.  P.  R.  O.  Colonial  Papers.] 


TITE  AFFIDAVIT  OF  TIMOTHY  BIGGS  OF  THE  COUNTY 

OF  ALBEMARLE  IN  THE  PROVINCE  OF  CAROLINA. 

That  some  tvme  in  the  veare  1675  was  sent  into  the  County  of  Albe- 
marle als  Roanoake  in  the  province  of  Carolina  a Box  directed  to  the 
govrnr  or  deputy  Governor  of  the  sd  place  in  wch  was  a Comission  to  one 
Copely  A an  other  to  one  Birch,  the  one  to  bee  Collect®  A y®  other  Sur- 
veyo®  for  the  Collecting  A certaine  dutie  off  ld  lb  imposed  by  Act  of 
Parlem*  upon  Tobacco  Ac.  transported  to  New  England  or  anv  othr  of 
his  Ma*'®*  Collonies  in  America  A wthall  A letter  from  the  Comiss™  of  his 
Mat,e®  customes  in  England  Directing  the  Govern®  that  in  case  the  sd 
Copely  A Birch  were  not  in  the  Country  that  then  the  sd  Governo® 
should  place  other  persons  in  their  Roomes  A to  looke  after  the  Collect- 


292 


COLONIAL  RECORDS. 


ing  the  sd  Revenue,  wch  orders  the  then  speaker  instead  ol’  A Governor 
wth  the  Assistance  of  the  Counsell  goeing  about  to  put  in  Execution  were 
underhand  or  clandestinlie  oposed  therein  by  one  Crawford  \vth  others  & 
some  New  England  Men  then  there  tradeiny;  the  sd  Crawford  endeavour- 
ing  to  ^swade  the  people  that  it  would  be  a great  inconvenience  for  to 
submit  to  this  payra1  and  that  the  New  England  Men  did  intend  to  raise 
their  Comodi  ties  double  if  such  paynf  of  ld  lb  were  exacted  from  them, 
Upon  wch  the  people  were  very  mutunous  and  reviled  & threatened  y* 
Members  off  the  Counsell  that  were  for  settleing  y®  sd  duty  however  y®  sd 
duty  was  setled  and  one  Bird  apointed  Collector  who  went  on  collecting 
y®  same  untill  the  yeare  1676  In  wch  yeare  there  being  A warr  w‘h  y® 
Indians  A the  people  of  the  sd  Countrey  for  y‘  reason  in  armes  they  were 
perswaded  by  Geo.  Durant,  Valentine  Bird  the  Collector  & one  White 
wth  others  to  fforce  the  Governo'  to  remitt  to  the  New  England  men  (by 
whose  hands  were  brought  to  them  all  sorts  of  English  Comodities)  three 
farthings  of  the  sd  ld  ^ lb  the  sd  Durant  haveing  then  a considerable 
quantitie  of  Tobacco  to  receive  A woh  lice  was  to  shipp  for  New  England 
as  this  Deponant  hath  heard  the  sd  Durant  say 

In  July  1677  Mr  Tho.  Miller  arived  in  the  sd  County  bringing  wth  him 
A Commission  to  himself  to  bee  Collector  of  the  sd  Duty  A also  A Lett' 
from  his  Matie  comanding  y®  Governor  & all  other  Officr8  to  bee  assisting 
to  him  in  Collecting  the  sd  duty  & calling  all  other  former  officers  to 
accompt  and  also  A commission  from  Mr  Tho.  Eastchurch  y®  Governo' 
of  the  sd  County  for  him  the  sd  Miller  to  bee  Presid1  of  the  Counsell  of 
y®  said  County  and  Comandr  in  clieife  dureing  the  absence  of  the  said 
Eastchurch  who  with  the  assistance  of  the  Counsell  of  the  sd  Countie  re- 
settled the  Collecting  of  the  sd  Duty  A called  the  form'  Collecto'  to  ac- 
compt for  what  he  had  reced  and  all  people  haveing  quietly  submitted  to 
the  same  A the  New  England  Men  complied  in  payeinge  their  duty  A 
this  Deponent  who  was  Commissionated  by  the  aforesaid  Thomas  Miller 
to  bee  one  of  his  Deputie  Collecto1'  had  reced  about  100  Hogsheads  of 
Tobacco  for  his  Maties  account  and  had  seized  several  1 parcells  of  goods 
judged  to  be  imported  contrary  to  Law  wcb  was  done  without  anie  oposi- 
tion  wch  quiet  posture  of  Collecting  his  Majt,us  sd  Duty  continued  untill 
the  Arrival!  of  one  Capt.  Guillam  from  London  on  Saturday  the  last  of 
Novembr  or  1st  of  December  77  in  whose  shipp  came  the  aforesd  Geo. 
Durant  from  London  also  upon  whose  comeing  the  aforesd  Crawford 
Bird  and  severall  other  went  on  Board  the  sd  shipp  to  the  sd  Durant  A on 
the  Monday  following  one  Wells  and  severall  others  bv  the  flswasion  of 
the  said  Bird  came  with  Musquetts  A swords  to  the  house  of  this  Depon- 


COLONIAL  RECORDS. 


293 


ent  and  broke  open  Chests  & Locks  and  violently  tooke  away  the  said 
Millers  Comission  A Instructions  for  collecting  the  sd  duty  of  1J  ^ ft)  and 
the  Records  of  the  sd  County  wch  were  there  A carried  them  to  the  afore 
mentioned  Crawfords  house  and  Vallentine  Bird  with  one  Will™  Scores  A 
Willm  Jeaings  wth  a party  t)f  armed  Men  seized  upon  this  Deponent,  the 
aforesd  Tho.  Miller  & Jno  Nixon  Esq'a  Member  of  the  Counsell  A tooke 
from  them  all  their  papers  and  kept  them  close  prison”  not  suffering 
them  to  speak  wth  anie  Body  or  one  wth  the  other  & then  sent  out  parties 
to  secure  ye  rest  of  his  Maj“es  Collecto"  and  all  the  Memb”  of  the  Coun- 
sell and  other  officers  y‘  would  not  submitt  to  them,  some  of  wch  were 
seized  & others  fled  into  Virginia,  and  the  sd  Rebells  tooke  into  their 
possession  the  Tobacco  that  had  beene  reced  upon  the  sd  duty  of  ld  ^ ft> 
and  also  the  goods  that  had  beene  seized  for  haveing  beene  imported  into 
y®  sd  County  contrary  to  the  Acts  of  trade  and  Navigation.  After  woh 
the  sd  Crawford  together  wth  y®  sd  Durant  wth  others  who  then  openly 
joyned  wth  them  did  with  their  party  who  had  beene  furnished  with  new 
Armes  from  on  Board  y®  sd  Guillams  shipp  Convey  the  sd  Tho.  Miller 
Jn°  Nixon  and  this  Deponent  & sevcrall  others  who  had  beene  brought  in 
prison”  to  the  house  off  the  sd  George  Durant  and  there  kept  them  close 
prison”  and  often  threatened  to  hang  them,  haveing  sett  up  A Court  A 
govern nf  after  their  owne  fashion,  But  this  Deponent  fifindinge  an  oper- 
tunity  made  his  escape  and  fled  into  Virginia  and  from  thence  came  into 
England  and  left  the  sd  Tho.  Miller  in  Irons  wth  sevcrall  others  of  his 
Majt,e8  Collecto”  and  other  officers  prison”  and  wildest  this  Deponent 
was  kept  A prison1  New  England  vessells  went  thence  wth  Toba00  wthout 
paying  y®  sd  duty  A further  saith  not. 

TIM®  BIGGS 

in  or  about  May  7!) 

This  is  a True  Coppy  of  my  affidavitt  wch  I delivered  in  y®  jfsence  of 
y®  Duke  of  Albemarle  unto  v®  Ld  Tresurer  by  ordr  of  y®  Lds  Propriat" 
of  Carolina  the  woh  they  perused  A ordrd  that  1 should  draw  a petition  to 
the  Kings  Matio  A Counscill  A upon  a Counscill  day  that  I should  prsent 
it  the  wch  y®  Lds  Prop”  aforesd  at  a meeting  ordrd  nice  to  proceed  in 
apoynting  y*  Tyme  saying  as  many  of  them  as  were  of  the  Counscill 
would  be  pfsent  at  p'senting  it  A forward  nice  in  it  But  before  the  time 
apoynted  the  sd  Lds  mett  a monge  them  selves  A for  some  Reasons  best 
known  to  themselves  Comanded  A ordered  nice  to  desist 

This  is  for  a trouth 

Given  undp  my  hand  this  15th  Aug‘  1075) 

TIM0  BIGGS 
I)epty  for  y®  Earle  of  Craven 


294 


COLONIAL  RECORDS. 


I the  subscribd  doe  Averr  and  am  ready  to  be  deposed  y*  y®  attestation 
and  averrm1  above  said  and  prte  on  the  other  side  to  the  delivry  and  ten- 
der of  y*  aforementioned  Affidavitt  be  the  hand  writeing  of  Mr  Timothy 
Biggs 

J“  TAYLOR 
1679 


[B.  P.  R.  O.  Colonial  Papers.] 


ANSWER  OF  CART.  GILL  AM  READ  THE  19th  OF  FEB" 

1679-80. 

Zachariah  Gillam  makes  Answer  to  y*  charge  brought  against  him  by 
Mr  T homas  Miller,  as  far  as  he  can  remembr  and  saith 

That  he  knew  not  of  any  disturbance  in  y®  Country  upon  his  arrivall 
thair  but  afterwards  what  happened  among  them  he  was  not  concerned 
in,  nor  did  att  that  time  know  y®  occasion. 

That  he  knew  not  of  Mr  Millers  Imprisonment  untill  near  2 days  after 
it  was  done,  being  on  board  his  owne  ship  all  that  time. 

That  he  forboare  to  sell  any  goods,  not  knowing  who  to  trust  but 
rather  than  goe  away  with  his  ship  Empty  (wch  if  done  would  have  bin 
great  loss  to  his  Marchants)  he  sold  his  goods  for  Tobacco  & Skins  which 
came  for  England  & paid  his  Matie,  near  two  thousand  pound  Custom, 
which  his  Matie  never  before  Received  directly  or  indirectly  since  that 
province  was  seated  as  hea  heard  of  As  to  his  going  Armed;  The  first 
daye  he  came  into  ye  Country,  he  tendered  an  Entry  to  Mr  Thomas  Mil- 
ler who  was  his  Ma*'®8  Collector  theare,  he  Asked  him  what  tobaco  he  car- 
ried out  of  ve  Country  ye  year  before,  he  told  him  neare  180  hhdsyesd  Mil- 
ler made  answer  y*  he  must  have  one  penny  ft.  for  itt,  Gillam  made 
answer  y*  he  had  paid  the  King  his  Custom  in  Engld  tfe  did  not  judge 
his  Ma“®  desired  his  Custom  twice  (wch  payment  he  proffered  to  make 
apeare  by  y®  ships  Entrys  & clearings  in  England  & Sertificate  of  thair 
bonds)  he  ye  said  Miller  told  him  he  would  be  paid  before  y®  shipp  went 
out  of  y®  Country,  on  which  he  told  him  v‘  he  arrested  him  & told  him 
it  shold  be  nobly  done  for  he  would  doe  it  himselfe  & Imprisoned  all  his 
boats  Crew  A seased  his  papers  & then  went  on  board  his  shipp  Armed 
with  two  pistolls  & presented  one  of  them  to  y®  breast  of  his  Mate 
Cockt  & laden  as  bv  Evidence  maye  apeare.  y®  time  near  a 11  at  night. 

The  said  Gillam  went  y®  next  morning  <fc  had  his  papers  delivered  to 
him  noe  man  Coming  into  y®  house  but  himselfe  That  he  supplvd  y® 


COLONIAL  RECORDS. 


295 


Country  \vth  Arms  & Amunition  for  their  defence  Against  ye  Heathen 
woh  I had  done  y*  year  before  & y*  year  since  & sold  other  goods  to  those 
persons  I knew  Responcible  but  would  not  trust  others  untill  I saw  what 
thair  paye  was. 

That  being  at  y®  Court  when  Mr  Miller  was  question’d  thear  (for  trea- 
sonable words)  it  was  his  bisones  to  speake  with  y®  Inhabitants  they 
being  his  customers  wch  is  usuall  in  those  Countrys  y®  pepel  1 living  far 
distant  A could  thair  dispatch  as  much  bisones  in  one  Dave  as  lie  could 
otherwayes  in  a weeke 

That  his  given  drinke  to  y®  peopell  it  was  as  they  was  customers  to 
him  (noe  otherwayes)  A Mr  Miller  had  his  sheare  of  itt. 

That  Mr  Miller  charges  him  with  his  Imprisonment  on  board  ye  sli i j» 
y®  said  Gillam  was  then  on  shoare  A knew  nothing  of  his  Restraint  on 
board  but  when  y®  said  Gillam  came  on  board  being  neare  12  at  night  & 
told  him  he  was  Wellcome  to  goe  or  staye  & gave  him  what  Accomoda- 
tion y®  ship  would  Aford 

ZACK:  GILLAM. 


IB.  P.  R.  O.  Colonial  Papers  ] 


PETITION  OF  TIMO  BIGGS  TO  THE  KING 
[19  February  1679-80.] 

To  the  most  mighty  and  Serreine  Prince  Charles  the  Second  and  Great 
Kinge  off'  England  Scotland  France  & Ireland  Defendor  of  the  faith 
Ac 

The  most  submiss  and  Humble  Pettition  of  Time  Biggs  Compr  and 
Survav*  Genr"  of  Yor  Ma'1®8  Customs  in  Albemarle  County  in  the  Prov- 
ince of  Carolina  A deptv  for  the  lit.  Ilonrbl®  the  Earle  of  Craven  one  of 
the  Lords  Propriatt"  Therof 

With  all  Humility  most  Humbly  sheweth  That  vor  Pittitioner  wth 
three  of  the  Lords  Propriatt”  Depty“  & vor  Mati8S  Coleetr  & all  hisofficers 
A the  officers  of  tin*  Governin'  were  one  the  1th  dav  of  December  in  v® 
yeare  1(577  were  bv  a siditious  (factious  A Rebel  ions  liable  mustered  in 
Amies  vialently  sea  zed  A imprisoned  A all  v'  would  not  jovne  wth  them 
were  forced  for  refuge  sake  to  fly  in  to  Virginia  who  wer  also  of  v®  Gov- 
erm*  A Parlam'  upon  false  pretences  A suggestions  as  the  inclosed  depo- 
sition will  manifest  to  troutli  of  woh  are  severall  Evidences — the  wch  was 
by  his  Grace  the  Duke  of  Albemarle  delivered  to  the  Lord  Treasurer, 
In  ordr  to  bringing  it  befor  yor  Maty  A yor  Pittition'  accordingly  ordered 


COLONIAL  RECORDS. 


296 


thereunto  Rutt  after  againe  Comanded  the  Contrary  & sent  Rake  after 
a great  charge  & trouble  to  vor  pittitioner  to  Albemarle  \vthout  any  Re- 
dresse  where  yor  Pittitioner  & loyall  subjects  have  no  safety  but  by  uii(lr 
unsuff'erable  oppression  as  appeares  at  larg  v®  inclosed  being  Copy  of 
a Lett1  to  y®  Propriat”  for  releafe  but  none  appeareing 

Yor  most  humble  pittitioner  in  bchalfe  of  himselfe  <fe  sundry  other 
great  Sufterors  as  well  for  protection  ffor  yor  ffuter  officers  as  discounti- 
nance  to  Rebellions  wth  all  Humilitye  prayes  yor  Matie  To  take  some 
speedy  course  A:  care  to  reduce  y*  same  & satle  the  govern*  on  that  firnie 
foundation  as  may  give  discoridgem*  to  such  proceedings  for  y®  ff‘uttr 
whereby  yor  subjects  may  be  safe  in  the  Injoyments  of  yor  Rights  & Lib- 
ertyes  the  woh  a vessell  drawing  seaven  foot  wattr  wth  sixty  men  & tenn 
guns  wth  ord”*  to  Virginia  Go  verm*  assistance  if  occasion  require  will 
effect  & wthout  w°h  will  no  lawfull  Govern*  be  obeyed  & yor  pittioner  as 
in  duty  bound  will  ever  pray 

TIMO  RIGGS 
1679. 


[B.  P.  R.  O.  Colonial  Papers  ] 


The  affidavitt  of  Solomon  Summers  of  Redriffe  shippwrite  in  y®  County 
of  Surrey  who  deposed  saith  : 

That  in  or  about  y®  middle  of  July  1677  carrieing  Mr  Tho.  Miller 
from  Burmudos  to  Albemarle  in  Carolina  in  a small  shallopp  ealld  y® 
Success  fitted  maned  & set  to  sea  upon  v®  cost  acco*  & adventure  of  y®  sd 
Miller  then  as  his  Matyes  Collect1,  & concern*1  alsoe  for  y®  Lds  Propriat” 
as  Comand1'  in  cheife  in  all  mattrs  Civill  & Military  in  y®  sd  County  dur- 
ing y®  absence  of  Tho.  Eastchurch  Esq”  then  Govr  since  deceased  as  by 
sundry  Comissions  Instructions  & other  writeings  from  y®  Lds  Propriat” 
y®  Comiss”  of  the  Customes  & y®  sd  Gov1'  wch  y®  depon*  saw  did  appeare  and 
upon  y®  2d  or  3d  day  of  y®  sd  Miller’s  arrivall  there  was  great  abuse  & 
affronts  offered  to  him  in  y®  depon*8  sight  & hearing  (without  any  provo- 
cation given  by  y®  said  Miller)  by  some  of  y®  inhabitants  there  (meerly 
as  y®  depon*  conceives)  by  reason  he  was  his  Maj*ys  Collect*  & had  power 
to  call  them  to  acco*  for  his  Maj*8  dues  wch  in  y®  yeare  before  viz  76  they 
had  deposed  & had  alsoe  subverted  y®  then  Govern*  undr  y®  Lds  Proprit” 
as  y®  depon*  was  there  credibly  informed  the  more  pffieularly  bv  one  Patt 
White  was  the  sd  Miller  violently  assaulted  att  one  Mr  Rich : Fostrs 
house  y®  said  White  & swearing  y*  he  could  freely  run  his  knife 


COLONIAL  RECORDS. 


297 


were  itf  nut  for  feare  of  ye  law  into  ve  s'*  Miller  & y*  he  would  never 
have  the  Kings  Custonies  settled  there  as  long  as  he  lived  wth  many  other 
words  to  this  or  worse  purpose  uttred  by  v8  sd  White  & his  wife  A others 
but  ye  sd  Miller  not  much  heeding  those  abuses  but  goeing  further  by 
into  ye  Country  in  prosecution  of  his  ordra  in  ye  first  place  sommoned  v* 
Assembly  to  appeare  to  whome  he  showed  & in  whose  heareing  (to  this 
deponts  certaine  knowledge)  he  caused  to  be  published  all  his  foresd 
Comissions  & Instructions  & then  reduced  A quietly  y®  Indians-  setled  y* 
Malitia  brought  ye  Inhabitants  to  a good  ordr  A peaceable  decorum  & 
lastly  settled  his  Majtys  affaires  in  reference  to  the  customes  A all  this 
done  wthout  yc  least  dropp  of  bloodshed  wch  peaceable  A ni<*tt  posture 
of  affaires  to  ye  then  general  satisfaction  of  y®  inhabit18  sue  continued 
from  July  aforesd  notwthstanding  the  seditious  designes  of  a few  there 
till  ye  Xber  following  att  which  time  upon  ye  arrivall  of  (’apt.  Zach.  (til- 
lam  from  London  wth  store  of  armes  & amunition  on  board  his  shipp  a 
rebellion  (as  yr  depon‘  supposeth)  broake  out  contrived  A varied  on  by 
John  Culpeper  Richd  Fostr  Jno.  Jenkins  Ja.  Blunt  Jno  Willoughby 
Wm.  Crawford  Geo.  Durant  Patt  White  A other  their  Confedrates  A 
New  England  Trad"  wherein  (after  y*  publique  Records  by  a party  of 
men  in  armes)  being  first  seized  wth  all  v®  sd  Millers  publique  A private 
writeiugs  Ac.  severall  lockes  being  broake  open  in  v®  Action  y®  Govern1 
then  settled  A subverted  all  in  authority  A all  other  ve  inhabitants  v* 
would  not  joyne  in  v®  sd  Action  either  menaced  ov'awed  assaulted  dis- 
armed robbed  seized  A imprisoned  or  chased  out  of  v*  ( ’ountrv  And  about 
14  or  1 f)  daves  after  then  first  riseingtluis  in  Armes  a genera  11  rendezvous 
or  meeting  beeing  held  at  v®  aforesd  Durants  house  y®  sd  Miller  by  beat  of 
drum  A a shout  of  one  A all  of  y®  rabble  was  accused  of  Blasphemv,  Treason 
A though  in  all  this  time  before  there  was  not  anv  such  talke  ag8t  the  sd 
Miller  as  y8  depoif  heard  butt  all  nicttly  submitted  to  v®  sd  Miller  A y® 
rest  in  authority  sue  long  time  as  is  a fores'*  upon  wch  bv  a 2d  shout  of  one 
A all  of  ye  sd  rabble  v®  sd  Miller  was  clapt  in  irons  w®h  this  depon' saw  A 
further  heard  many  irrevereml  speeches  ag8t  his  Majto  Proclamations  A 
some  of  them  saing  if  v®  Govr  or  Eds  either  were  there  they  would  serve 
them  in  like  mannr  thereupon  they  prceeded  to  choose  an  Assembly  or 
Parlam*  soe  called  their  drum8  being  one  of  their  Burgesses  this  Pari  am1 
deputed  5 of  their  members  to  jovne  wth  ve  fores'*  Foster  to  make  a Courte 
this  Courte  appoynted  a Jury  out  of  v®  fores'*  rabble  the  foreman  whereof 
was  one  Mordichy  Bouden  a New  England  t raid8  A one  much  indebted 
to  his  Majty8  for  Customes  A upon  their  returne  of  ye  s'*  Miller’s  charge 
or  indietem"  thev  were  resolved  to  have  put  him  to  death  for  sevrall  had 
34 


COLONIAL  RECORDS. 


2 ns 


vowed  & sworne  itt  but  att  y*  time  y°  coming  in  of'  y®  Gov®n®s  Procla- 
mation wch  ye  aforesd  Ringlead™  would  nott  permitt  to  be  openly  shewn 
& woh  lie  sent  in  from  Virginia  to  them  he  newly  arriveing  there,  did 
p'vent  itt  Whereupon  y®  sd  rabble  desisted  from  proceeding  further  wth  y® 
sd  Miller’s  life  only  after  seizing  havockeing  and  embezzling  his  estate  in 
w4ev®  specie  wherewth  to  be  found  & deprived  him  of  y®  use  & benefitt 
of  his  stocke  & plantations  yea  of  his  owne  necessaryes  committed  him 
in  irons •&  all  y®  rest  of  his  Maj48  Custome  offic”  & almost  all  y®  rest  in 
authority  close  prison"  & sent  a strong  guard  to  impede  y®  sd  Govrnr 
comeing  in  amongst  them  till  about  5 weekes  after  he  died  in  Virginia  in 
vvch  juncture  y®  sd  Culpeper  assumeing  y®  title  of  his  Maj4y8  Collect®  by  v® 
promotion  & asssistance  of  y®  aforesd  his  Complyees  violently  took  his 
Maj48  concernes  out  of  y°  sd  Miller’s  hands  prt  whereof  v4  was  reced  by 
y®  sd  Miller’s  orders  & was  allsoe  marked  for  his  Maj48  use  this  depon4 
saw  y®  sd  Culpeper  scratch  out  v®  markes  of  sundry  of  v®  Hogsheads  and 
dispose  of  them  to  some  New  England  traid"  & others  and  further  this 
depon4  saith  y‘  y®  sd  Capt.  Zach  : Gillam  refusing  to  obey  y®  Gov'n" 
Proclamation  woh  as  aforesd  was  sent  in  traided  wth  y®  sd  Rebells  & very 
frequent  in  Company  wth  them  in  those  Confusions  sent  much  Tobacco 
into  Virginia  this  depon4  being  then  in  his  employ  although  befor  he  y® 
sd  Gillam  would  not  open  store  to  sell  goods  till  he  sawe  w4  was  done 
aboute  y®  sd  Miller  & y®  rest  in  authority  and  in  May  1078  following 
this  deponent  deputed  v4  County  wth  y®  sd  Gillam  & left  v®  sd  Miller  in 
a logghouse  10  or  11  foote  square  purposely  built  for  him  close  prison® 
& kept  from  all  access  of  friends  or  humane  converse  none  suffered  to 
comeneare  himdebarrd  from  pen  inck  & paper  by  y®  sd  Culpeper  & his  Com- 
plyees & this  depon4  a little  before  he  came  away  was  threatned  his  life 
if  he  offered  to  furnish  him  wth  writeing  materialls  or  to  come  near  y®  sd 
Miller  further  this  depon4  saith  at  y®  time  when  sd  Miller  was  their  pris- 
on® he  sawe  sundry  Hds  Tobacco  shipt  of  by  Josh.  & Caleb  lamb  2 New 
Engld  traid"  from  y®  aforesd  Crawford’s  plantation  und®  y®  motion  of 
Bate  as  the  said  Lambs  did  afterwards  publiquely  owne  and  boast  of  And 
forth®  this  depon4  saith  y4  about  y®  time  y®  sd  Culpeper  was  bound  to  New 
England  w4h  y®  sd  Gillams  sonn  viz:  Ben].  Gillam  wth  a vessell  load  of 
Tobacco,  and  further  saith  not 

SOLOMON  SUMMERS 

Jur‘  31°  die  Jan uar:  1679  to  the  contents  of  the  other  side  coram 
Wm  Mountagu.  SOLOMON  SUMMERS 


COLONIAL  RECORDS. 


299 


[B.  P.  R.  O.  Colonial  Papers.] 


The  Affidavit  of  Peter  Brockwell  aged  28  years  or  thereabouts  Saith 
That  in  8br  1677  he  came  into  Albemarle  in  Carolina  where  y®  deponent 
knew  Mr  Thomas  Miller  owned  as  President  and  Command'  in  Cheif  of 
v*  County  undr  y®  Govr  for  v®  Lds  Propriet”  of  the  sd  Province  and  was 
so  obeyed  by  all  in  generall  there  & till  the  arrivall  of  Capt.  Zachariah 
Gillam  in  December  that  yeare  upon  whose  Arrivall  a great  disturbance 
or  Rebellion  (as  y®  deponent  humbly  conceives)  broke  out  wherein  v® 
Deponent  was  forcibly  concerned  and  taken  out  of  his  bed  to  go  with  a 
party  of  men  in  arms  to  seize  y"  publique  records  of  y®  County  in  the 
first  place  and  then  y®  next  day  after  that  the  said  party  of  men  seized 
the  sd  President  and  other  of  the  Lords  Prop1'8  deputyes  prisoners  and 
so  kept  them  under  a strong  guard  for  about  14  or  15  dayes  at  one  Win. 
Crafords  house  against  which  house  the  said  Gillam  rid  his  shipp  with 
•lack  ancient  flagg  and  penon  flying  and  did  also  furnish  the  said  party 
of  men  with  new  guns  and  scimiters  from  his  shipp  in  the  sd  action  And 
when  y®  aforesd  President  and  the  other  Deputyes  were  carried  round  by 
water  to  George  Durant’s  house  (which  was  y®  place  appointed  for  y® 
generall  meeting)  in  Company  of  several  I boats  of  armed  men  v®  sd  Gil- 
lam’s  ship  fired  of  3 guns  as  they  passed  by  and  when  they  came  to  y® 
sd  Durant’s  house,  the  very  next  day  the  rabble  there  met,  sent  for  a box 
belonging  to  y®  sd  President  which  (as  they  said  was  hid  in  a tobacco 
hogshead  wherein  was  aboundance  of  writings  which  the  Deponent  saw 
and  then  forthwith  upon  it  by  beat  of  drum  and  a shout  of  one  and  all 
they  accused  the  sd  Miller  of  treason  A other  crimes,  although  till  this 
tyme  v®  Deponent  heard  no  mention  made  of  treason  ag8t  y®  sd  Miller  and 
thereupon  they  clapt  y®  sd  Miller  in  irons:  then  proceeded  and  out  of  the 
rabble  chose  v®  Parliam*  their  dimmer  making  one  of  them  A then  out  of 
this  Parlianf  they  seperated  5 of  v®  members  namely  John  Jenkins  Wm 
Craford  Patricke  White  James  Blunt  and  Valentine  Bird  (since  deceased) 
to  joyne  with  one  Mr  Richard  Foster  to  make  a Court  before  whom  they 
brought  two  of  v®  Lds  Prop”  Deputyes  who  were  accused  bv  them  for 
severall  crimes  woh  the  Deponent  doth  not  now  remember  and  then  ap- 
pointed a grand  Jury  out  of  y®  sd  Rabble  and  brought  y®  sd  Mr  Miller 
also  before  them  for  treason  and  other  matters  woh  imputation  of  treason 
y®  sd  Miller  had  been  long  before  cleared  and  acquitted  from  by  Sr  Wm. 
Berkly  and  Couneill  in  Virginia  as  y®  Deponent  heard  severall  persons 
in  those  parts  after  affirme  and  further  this  Deponent  saith  that  the  said 
Capt.  Gillam  was  severall  davs  amongst  the  sd  Rabble  at  Durants  house 


COLONIAL  RECORDS. 


a 00 


and  the  Deponent  heard  several  1 of"  the  soldiers  say  that  ther  was  a great 
deal  of  drink  coining  to  ym  upon  y®  said  Gil  lams  account  and  further  the 
Deponent  saith  that  he  heard  of  y®  Govern"  Proclamation  wch  was  sent 
in  from  Virginia  upon  woh  y®  sd  rabble  broke  up  and  sent  y®  said  Miller 
prisoner  in  Irons  as  hee  was  to  v®  uppr  end  of  Pasquotanck  River  at  one 
old  Win.  Jennings  his  house  under  a strong  guard  to  whom  none  was 
admitted  to  speake  except  publiquelv  and  a little  while  after  y®  Deponent 
saw  v®  sd  Mr  Miller  enclosed  in  a Logghouse  about  10  or  11  foot  square 
purposely  built  for  him  wherein  he  was  kept  from  all  accesse  of  friends 
or  humane  converse  debarred  from  pen  inck  and  paper  and  y®  other  Lds 
Deptys  that  would  not  joyn  in  y®  sd  action  comitted  also  prison”  apart  from 
one  another  & some  of  ym  sent  far  from  their  homes  And  further  the 
Deponent  saith  that  one  John  Culpeper  was  ther  cheif  Scribe  Councellor 
At  Collector  and  George  Durant  their  Attorney  Generali  and  one  of  yr 
Agents  and  one  Mr  John  Willoughby  anothr  of  yr  Agents,  many  things 
besides  that  were  in  those  tymes  done  & acted  by  y®  forementioned  Par- 
tyes  and  yr  Confederates  y®  Deponent  by  reason  he  was  then  sickly  can- 
not positively  remember  therefore  at  present  farther  saith  not 

PETER  BROCK  WELL 


Jurat  16°  die  Februarii 
A no  j)m  2079  coram 

W GREGORY 


[B.  P.  R.  O.  Colonial  Entry  Bk.  No.  106.  p.  127.] 


AT  THE  COMMITTEE  OF  TRADE  & PLANTATIONS  IN 
THE  COUNCIL  CHAMBER  AT  WHITEHALL 
THURSDAY  Y®  19th  OF  FEB17 
1G79  (-80) 


Prince  Rupert 
Lord  Privy  Seale 
Duke  of  Albemarle. 


Present 

Earl  of  Bridgewater 
Earl  of  Essex. 

Sr  Leolin  Jenkins 


Capt.  Gilliam  who  is  accused  by  Mr  Miller  to  have  had  a hand  in  the 
Rebellion  of  Carolina  is  called  in  as  alsoe  the  Lords  Proprietors  viz:  the 
Earl  of  Shaftesbury  and  Earl  of  Craven  and  Sir  Richard  Temple  one  of 
the  Commissioners  of  the  Customs,  Whereupon  the  information  of  Peter 


COLONIAL  RECORDS. 


301 


Brockell  and  Solomon  Summers  against  Capt.  Gilliam  as  also  Capt.  Gil- 
liam’s Answer  are  read,  and  Peter  Brockell  being  sworn  further  says  that 
hee  can’t  see  that  Capt.  Gilliam  did  act  in  the  Rebellion  but  that  hee  sold 
arms  indifferently  to  all  persons  And  Solomon  Summers  deposes  that 
Capt.  Gilliam  did  often  conferr  with  the  Rebells  and  sold  them  arms  and 
that  hee  did  not  obey  the  Proclamation  for  settling  the  Peace  when  it  was 
delivered  to  him. 

Thomas  Miller  being  alsoe  sworne  says  that  the  person  that  seized  him 
had  Capt.  Gilliam’s  sword  and  that  Capt.  Bird,  Capt.  Crawford  and  Wil- 
liam Nevill  who  were  eminent  in  the  Rebellion  had  alsoe  swords  from 
Gilliam  And  that  when  upon  the  first  arrival  of  Gilliam  hee  went  on 
board  his  ship  hee  was  seized  there  and  kept  prisoner  above  an  hour  and 
a half  after  Capt.  Gilliam  was  on  bord,  and  that  hee  said  to  him,  Now 
you  are  my  prisoner  and  that  hee  would  not  let  him  stirr  unless  it  were 
to  make  water  and  that  hee  saw  Crawford  Forster  and  Durant  come  on 
board  in  company  with  Gilliam  and  that  they  continued  firing  and  shoot- 
ing a long  while.  The  affidavit  of  John  Taylor  is  also  read. 

To  all  which  Capt.  Gilliam  makes  answer  that  hee  had  noe  other  con- 
versation with  any  person  but  as  they  were  his  customers  and  was  in  noe 
manner  concerned  there  but  to  sell  his  goods  and  that  Miller  had  been 
three  hours  in  his  shipp  before  hee  came  on  board  which  was  about 
twelve  at  night  and  that  hee  came  hither  in  an  insolent  Hectoring  man- 
ner and  had  free  leave  to  goe  off  when  he  pleased.  Capt.  Gilliam’s  son 
alsoe  says  that  hee  proffered  Miller  the  long  Boat  to  goe  on  shore  which 
hee  would  not  accept  of. 

The  Earl  of  Shaftesbury  hereupon  acquaints  the  Committee  that  fur- 
ther Informations  concerning  this  Business  were  expected  from  Carolina 
which  should  be  imparted  to  the  Board.  After  which  their  Lops  desire 
the  Lords  Proprietors  and  the  Com  miss™  of  the  Customs  to  meet  together 
and  to  agree  on  such  rules  and  means  as  may  bee  necessary  for  the  settle- 
ment of  the  Country  and  security  of  the  King’s  Customs  and  offer  them 
to  y*  Committee. 

Capt.  Gilliam  is  alsoe  told  that  he  must  attend  again  at  such  times  as 
hee  shall  bee  called  but  that  nevertheless  hee  may  it  occasion  offer  goe 
upon  any  employment  at  sea. 


COLONIAL  RECORDS. 


302 


PATENT  FROM  GOV.  JENKINS. 

Sr  George  Carteret  Kn‘  And  Baronet  Vice  Chamberlaine  of  his  Maj- 
esties household  one  of  the  Lords  of  his  Majesties  most  Honorable  privie 
Councell  Pallatine  of  Carolina  and  the  Rest  of  the  true  and  Absolute. 
Lords  and  proprieto”  of  Carolina,  To  all  persons  to  whorae  these  pres- 
ents shall  Come  Greeting  In  our  Lord  God  Everlasting,  Know  yee  that 
wee  the  sd  Lords  and  Absolute  proprieto"  According  to  our  Greate  Deed 
bering  date  the  first  day  of  may  Anno  Dom  1 (>G8  Given  to  the  County 
of  Albemarle  with  the  Great  Seale  of  our  province  thereunto  affixed, 
ffor  the  holding  of  Lands,  and  by  Instructions  Dated  at  white  Hall  the 
fifth  day  of  fferuary  1678  remaining  upon  Record  In  the  County  of 
Albemarle  In  the  Province  of  Carolina,  Doe  hereby  Grant  unto  Robart 
Winleyofthe  said  County  plantor,  A Plantation  Containing  two  hundred 
and  Eighty  Acres  of  Land  English  Measure,  Lying  and  Beeing  In  The 
Precinct  of  Shaftsbury  In  the  sd  County,  Bound  on  the  south  East  side 
of  matacomaugli  Creek  beginning  at  a Market!  Ash  tree,  standing  on  a 
pointe  by  a branch  side,  issuing  out  of  the  sd  Creek  which  divideth  this 
Land  from  the  Land  of  Edward  Smithick  and  Running  northeast  up 
the  said  Creek  one  hundred  and  forty  pole  to  a marked  Red  oake  then 
southeast  by  a Line  of  marked  trees  which  divideth  this  Land,  from  the 
Land  of  John  Taylers  three  hundred  And  twenty  Pole  to  a Marked  pine, 
then  South  West  by  a Line  of  marked  Trees  one  hundred  and  forty  pole, 
to  a marked  pokikory  tree,  then  by  Another  Line  of  Marked  trees  three 
hundred  and  twenty  pole  to  the  first  station,  Includeing  the  aforesaid 
quantetie  of  Land,  the  said  Land  beeing  due  to  the  sd  Robart  Winley 
by  and  for  the  Transportation  Into  the  county  of  Albemarle  of  five  per- 
sons, whose  names  are  upon  Record  under  this  pattent,  To  have  and  to 
hold  the  said  plantation  unto  y®  said  Robart  Winley  his  heirs  and  As- 
signes  for  ever,  with  priviledge  of  hawking  hunting  fishing  and  fowling, 
With  all  woods  and  trees,  With  what  else  is  there  standing  Growing  and 
beeing  except  the  one  halfe  of  all  Gold  and  Silver  mines,  yielding  and  pay- 
ing therefore  unto  us  ami  our  heirs,  and  Successors  yearly  every  twenty 
ninth  Day  of  September  According  to  the  English  Account,  for  Every 
fifty  acres  of  Land  hereby  Granted,  one  shilling  of  Lawful  1 English 
Money,  or  the  vallew  theirof  for  every  of  the  sd  fifty  acres  to  bee  holden 
of  us  In  free  and  common  Soccage,  provided  always  that  If  the  said 
Land  bee  not  seated  within  one  yeare  after  the  date  hereof  Then  this  pat- 
tent  to  bee  voide,  else  to  stand  In  full  force,  Given  at  Mr  George  Durants 
house  under  the  seale  of  the  County  of  Albemarle  this  29th  day  of  March 
beeing  the  Seventeenth  yeare  of  our  Possession  of  our  Province  of  Caro- 


COLON  I AL  RECORDS. 


30.°, 


lina  Aim0  I)om  1680  Witnes  John  Jenkins  Esqr  Governo1  and  Com- 
mander in  Chiefe  of  our  said  County  and  our  Trusty  and  Welbeloved 
Counoellors,  who  have  hereunto  sett  there  hands  the  day  and  yeare  abovesd 
Robart  Winley  Pattent  JOHN  JENKINS 

RALPH  COATES  ANTHONY  SLOKUM 

ROBART  HOLDEN 
WILL  CRAFORD 


[B.  P.  R.  O.  Colonial  Papers.]  ^ 


To  the  Kings  most  Excellent  Majestie  The  humble  Peticon  of  Thomas 
Miller  Sheweth 

That  yor  Matie  having  been  pleased  upon  v®  Report  of  y®  Corn106  of 
Lords  for  ye  Plantations  to  direct  prosecution  of  John  Culpeper  for  Trea- 
sons acted  by  him  in  y®  late  Rebellion  in  Carolina  at  wch  Com160  severall 
of  y®  Lords  Propriato18  did  appear  and  declare  that  y®  same  was  a noto- 
rious Rebellion  A that  their  taking  Armes,  seizing  y®  Records  in  y® 
Country,  imprisoning  foure  or  5 of  y®  Lords  Deputyes  & seizing  all  y® 
Tobacco  Bonds  & Bills  in  their  hands  relating  to  your  Maties  Cnstomes 
A all  y®  private  Estates  of  y®  persons  imprisoned  and  calling  and  choos- 
ing a pretended  Pari i am1  & setting  up  a pretended  Court  of  Justice  to 
try  yor  Petr  A y®  rest  of  y®  persons  imprisoned  wth  all  y®  proceedings 
therein  & going  with  Armes  to  oppose  v®  entrance  of  Mr.  Eastchurch  v® 
then  Go vr  coming  from  Virginia  thither  (in  all  which  proceedings  y®  said 
Culpeper  was  a notorious  Ringleader)  were  undoubted  treasons  without 
any  authority  A against  all  y®  Lawes  A Constitutions  of  Carolina  & par- 
ticularly y‘  Parliament  there  was  illegall  in  its  call,  choice  etc.  And  y® 
said  Culpepers  plea  of  acting  by  their  authority  not  good  A y®  said 
Lords  Proprieto"  did  tlu're  undertake  to  manage  y®  said  Prosecutions  A 
reducing  y®  Country  to  y®  obedience  of  v®  Lawes  woh  was  also  refered  to 
them  among  other  things  by  order  of  v®  (\mit®t  Nevertheless  may  it 
please  yor  Matl®  at  y®  said  Tryal  y®  Earle  of  Shaftesbury  who  had  been 
present  at  y*  a fores'1  Transactions  of  v®  Com4®®  A had  beetle  y®  mouth  of 
y®  Lords  Propriators  in  y®  whole  affaire  unexpectedly  appeared  at  y®  Tryall 
as  a witness  for  v®  Def*  A after  that  by  •')  witnesses  y®  said  Culpeper  had 
bene  proved  guilty  of  all  y®  said  Treasons  before  numerated  to  y®  satis- 
faction both  of  y®  Court  and  Jurv,  y®  said  Lord  Shaftesbury  in  his  Tes- 
timony for  y®  prison1'  declared  that  there  hath  beetle  no  legall  Govermu4 
ever  settled  in  Albemarle  & that  neither  y®  said  Gov1' nor  Governin'  were 


COLONIAL  RECORDS. 


304 


legal  1 according  to  y®  Constitutions  of  Carolina  and  that  therefore  ve  tak- 
ing of  Arnies  & acting  against  them  could  not  amount  to  Treason,  lint 
that  y®  Parliam1  thus  called  by  y®  Rabble  was  a legal!  Parliam*  by  the 
Constitutions  of  Carolina  v®  people  having  a right  to  choose  them  at  two 
years  end  w‘hout  any  call  and  y*  these  matters  were  only  feuds  between 
y®  Planters  & could  amount  to  but  a Riott  whereupon  y®  prison*  was  ac- 
quitted by  ye  Jury  and  Court  And  yor  Petr  with  many  others  yor  Ma“®* 
1 ova  1 1 subjects  after  all  their  sufferings  not  only  left  without  remedy,  but 
y®  authority  of  y®  pretended  Parliam1  being  thus  justified  v®  i 1 legal  1 pro- 
ceedings against  their  lives  & fortunes  like  to  go  on  especially  under 
v®  present  Rebells  y*  have  usurped  y®  authority.  And  one  Robert  Hol- 
den whom  y®  Lords  have  sent  to  supply  yor  Pet"  place  who  being  one  of  v® 
persons  condemned  as  a Ringleader  in  y®  late  rebellion  in  Virginia  has 
made  it  his  business  to  close  with  y®  rebells  there  to  countenance  their 
authority  & proceeding  in  y®  late  Rebellion,  espetially  against  vor  petr 
and  all  others  y*  continued  faithfull  having  at  his  first  coming  procured 
an  Act  of  Oblivion  to  be  procured  bv  y®  Govr  himselfe  & twoe  of  them 
y*  were  Ringleaders  in  v®  late  Rebellion.  And  also  hath  proceeded  against 
your  Petr  in  his  absence  for  his  escape  and  in  an  unhearde  of  way  re- 
turned Jurys  to  try  him  and  condemne  him  & transmitted  copyes  of  y® 
pretended  proofs  against  him  to  y®  Com"  of  vor  Maj*,e®  Customes  & alsoe 
proceeded  to  y®  banishing  fineing  A imprisoning  of  all  those  that  were 
sufferers  & had  opposed  y®  late  Rebellion  And  further  y®  Com”  of  y® 
Customes  in  pursuance  of  an  Order  of  y®  said  Com*®®  having  long  since 
made  Proposealls  to  y®  Lords  Propriat™  for  y®  recovering  Arrears  of  y® 
Customes  & reparation  of  yor  Petr  their  ( 'ollecto*  and  his  1 )ej)uties  & for  y* 
better  settlem*  of  y®  Collection  for  y®  future  A prest  their  concurrence  therein 
And  v*  their  Lords'18  would  take  some  effect uall  course  for  reducing  y* 
country  to  y®  obedience  of  y®  Law  Neveitheles.se  there  hath  beene  noth- 
ing done  therein  But  their  Lord1’*  seeme  rather  to  countenance  v*  present 
settlement  of  things  under  v®  Rebells  by  wch  not  only  yor  Petr  & v®  other 
sufferers  here  but  also  all  those  y*  have  opposed  y®  Rebellion  there  (whose 
petitions  also  are  sent  home)  are  brought  to  their  utmost  dispair 

In  tender  Consideration  whereof  most  humbly  Implores  that  yor  Majtie 
would  vouchsafe  to  take  y®  condition  of  yor  Petr  wth  y®  rest  of"  yor  AIajtie5 
distressed  subjects  in  Albemarle  aforesaid  into  yor  Princely  Consideration 
cV  direct  such  course  thereupon  for  their  Reliefeas  yor  Matie  in  vor  Princely 
wisdome  shall  thinke  meete.  And  yor  Petr  (as  in  duty  bound)  shall  ever 
pray  <fcc\ 


THO:  MILLER 
June  29.  1680. 


COLONIAL  RECORDS. 


.305 


Read  in  Councill,  June  30th  1680  Nothing  done.  Read  y®  20  Nov. 
1680. 


[B.  P.  R.  O.  Colonial  Papers.] 

PETITION  OF  THE  INHABITANTS  OF  ALBEMARLE 
COUNTY  TO  THE  KING 
[30  June  1680] 

To  his  most  Sacred  Majsty  Charles  the  2d  King  of  England,  Scoteland, 
France  & Ireland  Defend'  of  the  Faith  Ac. 

The  humble  Petition  of  ye  Inhabitants  of  Albemarle  County  in  Caro- 
lina, whose  names  are  undr  written 

Humbly 

Sheweth  to 

yr  Majesty 

That  whereas  yr  Majys  Petition18  have  been  great  A grievous  sufferers 
by  v*  Rebellion  of  Sev'all  Audatious  Infamous  A Scandalous  ^sons  who 
have  drawne  Sev'all  of  y'  Maty"  poore  & ignorant  Subjectes  into  y*  same 
p'dicanf  wth  them  through  their  lids  delusions,  faireA  plausible  p'tences, 
Insomuch  y*  ye  whole  Country  is  now  ov'swaied  by  v®  said  Rabble, 
And  not  withstanding  y®  Hon'ablc  Lords  Propriet"  have  Endeavored  by 
sending  Mr  Seth  Sothwell  Govern'  to  suppress  y®  sd  Rebellion,  Yet  to  our 
great  greife  & to  your  Matys  great  loss  A damninge  in  y'  Customes 
through  y®  fals  A tretehrous  dealing  A Combinations  of  their  Agents  vvth 
y®  Lds  prop'ters,  y®  same  is  hitherto  obstructed  and  in  all  probability 
like  so  to  continue  wthout  y'  Majtya  interposition  to  y®  utt'  Ruine  A de- 
struction of  y'  Maty®9  Leige  Subjects  who  for  their  Locality  A fidelity  to 
yo'  Maty  have  been  A are  in  fear  to  be  made  y®  objects  of  these  mens 
furie  A inhumane  Cruelltyes: — 

Wee  therfore  in  all  humility  pray  v'  Most  gratious  Maty*  assistance  for 
y®  suppressing  the  said  Rebels  A y*  upon  v®  hearing  our  sd  petition  wch 
in  a more  ample  manner  setteth  forth  our  case  A grievances,  y*  y'  Maty 
would  be  pleased  for  y®  future  to  take  such  care  A course  as  to  y'  most 
sacred  wisdom  shall  seem  most  meet,  as  well  for  y®  secureing  of  us  y' 
Maty*  most  Loyall  and  most  distressed  subjects  A supplyants  as  of  y' 
Matys  Customes  from  the  violence  and  Rapine  of  such  Riotous  disorderly 
persons  as  aforesaid. 

And  we  [as  in  duty  bound]  shall  Evr  pray 

JOHN  STURGEON.  ROBT.  SCOTT 

ANDREW  WALLWOOD.  JOHN  MORRTS 


COLONIAL  RECORDS. 


306 


JAMES  LONG  SENr 
WILL”  FOSTER 
JOHN  WILLSON 
RALPH  FFLETCHEr 
WILL”  VAUX 
JOSHUAH  SCOTT 
ROBT.  INKINSON 
LAW.  CONSALVOE 
JOHN  GILLCREST 
JOHN  WALLIS 
ROBT.  BENSLEY 
JOHN  LACY 
GEO.  CASTLETON. 


THOMAS  KING 
JNO.  EDLEING 
EDW.  WADE 
THO.  LEPPEr 
JOS.  SUTTON 
WM.  HOGPEN 
MATH.  CULLEN 
THO.  SYMONS 
ZACH : NECKSON 
JOSEPH  PITTS 
JOHN  FFRITH 
JA.  LONG  JUNr 


[B.  P.  R.  0.  B.  T.  Va.  58.] 


THE  LORD  CULPEPERS  LETTER  TO  Mr  ADAM  KEEL- 
ING HIGH  SHERIF  OF  LOWER  NORFOLK 
COUNTY 


Mr  Keeling 

I send  you  a letter  for  the  Governor  and  Government  of  Carolina,  the 
safe  conveyance  of  which  you  are  to  take  effectual  care  in : and  some 
short  time  after  the  delivery  thereof,  You  (as  his  MajtieB  high  Sherif  of 
the  County  of  Lower  Norfolk)  are  hereby  required  to  List  all  such  of 
the  Inhabitants  of  Blackwater  <C  Corritucks  (as  by  the  Laws  of  this 
Country  are  accounted  Tithables)  which  hold  their  Lands  bv  patent 
granted  to  them  by  his  Majtys  Governor  of  this  Colony;  And  likewise 
that  you  do  demand  and  receive  of  them  Quittrents  for  all  Lands  they 
so  hold  of  this  Government  according  to  the  value  the  Inhabitants  of 
Your  County  of  Lower  Norfolk  do  pay  for  the  Lands  they  hold  in  pro- 
portion to  the  quantity  each  man  hath  and  also  that  you  give  to  the 
Justices  of  your  County  a List  of  the  Tithables  by  you  taken  of  the 
Inhabitants  of  Blackwater  & Corrituck  to  the  intent  they  may  be  charged 
with  payment  of  publick  and  County  dues  as  is  levyed  upon  each  Tith- 
able  of  your  County  they  being  held  to  be  part  of  your  County  of  Lower 
Norfolk  Your  proceedings  herein  you  are  to  give  me  au  account  of 
These  commands  you  receive  from  me  by  the  advice  of  the  Council  and 


COLONIAL  RECORDS. 


307 


at  the  instance  of  the  House  of  Burgesses  in  the  late  held  Assembly. 
Your  due  performance  hereof  I question  not  and  so  bid  you  farewell 

THO  CULPEPER 

Green  spring  July  the  3th  1680. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  58.] 


THE  LORD  CULPEPPER’S  LETTERS  TO  THE  GOVERNOR 
AND  GOVERNMENT  OF  NORTH  CAROLINA. 


Gentlemen 

About  a month  since  I received  a petition  in  the  name  of  the  Inhabi- 
tants of  Blackwater  and  Carrotucke  subscribed  by  many  of  the  same 
setting  forth  they  are  Inhabitants  of  right  belonging  to  this  his  Majestys 
Colony  and  Dominion  of  Virginia  and  desire  so  to  be  received  for  that 
they  hold  their  Land  of  his  Majesty  bv  patent  granted  unto  them  by  his 
Majties  Governors  of  this  Colony  and  under  the  Seal  of  the  same  Not- 
withstanding which  they  had  been  threatened  and  molested  by  you,  I 
have  therefore  with  the  advice  of  the  Council  at  this  instance  of  the 
House  of  Burgesses  given  my  order  to  the  Sherif  of  Lower  Norfolk 
County  to  take  into  his  List  of  Tithables  all  such  Inhabitants  of  Black- 
water  and  Corrituck  as  hold  their  Lands  by  patent  from  his  Majtyes 
Governor  of  this  Colony,  and  have  commanded  and  required  the  said 
Sherif  to  demand  and  receive  Quittrents  for  all  such  Lands  so  holden  of 
this  Government,  As  likewise  all  such  publick  and  County  dues  as  is 
levyed  on  others  the  Inhabitants  of  the  County  of  Lower  Norfolk,  Ol 
which  that  you  may  have  the  knowledge,  and  to  the  intent  the  aforesaid 
Inhabitants  of  Blackwater  & Currituck  may  not  by  your  Demands  be  in 
any  sort  molested  disturbed  or  Griev’d  You  receive  this  Letter  it  being  a 
protection  due  from 

THO  CULPEPPER 


The  8th  July.  1680 


[B.  P.  R.  O.  Colonial  Papers.] 


To  the  King’s  most  Excellent  Majestic.  The  humble  Petition  of 
Thomas  Miller. 

Sheweth 


COLONIAL  RECORDS. 


308 


That  whereas  your  Petitioner  did  on  the  30th  day  of  June  last  exhibit  a 
Petition  to  your  Maty  in  ( louneill,  most  humbly  setting  forth  the  deplorable 
Condition  of  hiraselfe,  and  diverse  others  yor  Ma“  most  Loyall  Subjects 
in  Albemarle  in  Carolina,  as  their  Petition  then  alsoe  exhibited  to  yor 
M aty  did  declare,  not  only  by  our  sufferings  in  the  late  Rebellion,  but 
also  under  the  p'sent  usurped "Govern m*  of  the  Rebells  in  Carolina  still 
pursueing  the  destruction  of  yor  Petr  and  all  others  that  have  opposed 
them  therein  to  all  w°h  (as  yor  Petr  is  informed)  no  other  answere  was 
given  then  that  there  is  a Governor  goeing  over  thither  from  the  Lords 
Prop”  and  thereby  the  matter  no  further  debated,  the  wch  answere  (tho 
it  implyes  an  owneing  of  the  matter  of  fact  complained  of,  yet  it)  leaves 
yor  distressed  Petr  (who  is  alsoe  Collector  of  yor  Ma"  Customes  there) 
and  the  rest  of  yor  Mats  greately  oppressed  Subjects  in  a manner  remedi- 
less, because  noe  further  Examination  is  had  of  this  matter,  nor  provi- 
sion made  for  their  reliefe,  nor  for  the  Settlem4  of  the  Country  nor  Col- 
lection of  yor  Ma“  Customes  there,  whereby  it  now  appears  that  some  of 
the  Lords  designe  no  other  then  the  continuance  of  the  p'sent  state  of 
things  there  under  the  Rebells,  who  still  continue  prosecuteing  yor  Petr 
for  his  escape,  and  all  those  who  have  opposed  them  by  heavy  fines  iin- 
prisonmen*  Banishm*  loss  of  Eares  &c.  as  yor  Petr  by  sundry  letters  lately 
received  thence  is  ready  to  make  good.  And  all  this  meerely  to  justify 
the  said  Rebellion,  and  discourage  all  persons  from  seekeing  any  redress. 

Your  Petr  therefore  most  humbly  implores  yor  Maty  either  to  grant  an 
heareing  of  the  said  Petitioners  & other  papers  relateing  thereto  in  Coun- 
cell, or  to  referr  them  to  ye  Committee  of  Lords  for  Plantations  to  ex- 
amine the  same,  & the  p'sent  state  of  things  there  and  report  the  same  to 
yr  Maty  together  with  what  course  the  Lords  Propri”  & Com”  of  yor 
Mats  Customes  have  or  intend  to  take  pursuant  to  an  order  of  the  said 
Committee  upon  a former  Referrence  from  yor  Maty  for  the  reduceing 
the  Country,  recovering  the  Arreares,  and  future  set  1 cm1  of  the  Collec- 
tion of  the  Customes  and  restauration  of  yor  Petrs  to  their  imploym”  & 
Estates,  & reparation  of  the  damages  done  to  yor  Maty  in  yor  Customes, 
& to  yor  Pet”  in  the  late  Rebellion.  To  the  end  that  yor  Maty  may  grant 
such  order  for  the  future  sett  1 cm'  of  things  & for  the  releife  of  yor  Pet” 
and  that  before  the  departure  of  this  mentioned  Governor  as  to  yor  Maty 
in  yor  gratious  wisdome  shall  seeme  fitt  & meet. 

And  yor  Petr  (as  in  Duty  bound)  shall  ever  pray  Arc. 

Petition  of  Thomas  Miller  about  Carolina. 

Rd  July  7-80 

Read  in  Councill  July  14th  1680. 

Read  Ye  20  Nov.  1680 


COLONIAL  RECORDS. 


309 


[B.  P.  R.  O.  Colonial  Papers.] 


AT  THE  COURT  AT  WHITEHALL  THIS  14th  DAY  OF 

JULY  1680. 

Upon  reading  this  day  at  the  Board  the  above  Petieon  of  Thomas 
Miller  his  Maty  was  pleased  to  Order  That  it  be  & it  is  hereby  Referred 
unto  the  Right  Honble  the  Lords  of  the  Comittee  for  trade  & plantation 
to  the  end  their  Lops  may  consider  thereof.  And  report  to  his  Maty  in 
Council]  what  they  think  fitt  for  his  Maty  to  doe  therein,  thereupon  his 
Maty  will  declare  his  farther  pleasure. 

FRANCIS  GWYN. 


[B.  P.  R.  O.  Colonial  Papers.] 


Carolina.  (Indorsed) 

DEPOSITIONS  OF  TIM.  BIGS  TOUCHING  THE  STATE 
OF  AFFAIRS  THERE. 

Recd  from  ye  Comm”  of  y®  Customs  the  15th  of  July  1680. 

B.  B. 

P.  20. 

Tim0  Biggs  of  the  County  of  Albemarle  Alias  Ronoake  in  y®  Prov- 
ince of  Carolina  deposeth 

That  some  tyrne  in  y®  yeare  1675  was  sent  into  y®  fores'1  County  a boxe 
directed  to  The  Governr  or  Deputy  Govern1  yrof;  in  wch  was  Comissions 
& Instructions  to  one  Mr  Copely  and  Mr  Birch  y®  one  to  be  Collect1,  & 
y®  other  to  be  Survayr  for  the  Colecting  & manageing  a cartaine  duty 
of  ld  ^ pound  impost  by  act  of  parlam*  upon  tobacco  &c.  transported  to 
N.  England  or  any  other  of  his  Mat,es  Collonyes  in  America  & wth 
all  a Lett1  from  y®  Commissioners  of  his  Majt,es  Customs  in  England  di- 
recting the  Govern1,  That  in  case  y®  sd  Copeley  or  Birch  were  not  in  y® 
Country,  y*  yn  y®  sd  Govrnr  should  place  other  persons  to  look  after  the 
Colecting  y®  sd  Revenue  wch  ord"  y®  Govrnr  wth  y®  Assistance  of  the 
Counscill  goeing  About  to  put  in  Exeqution  were  und’hand  opposed  yrin 
by  one  Crawford  wth  others  & some  N.  England  men  then  there  trayde- 
ing,  ve  sd  Crawford  Endeavouring  to  f^swaid  v®  people  it  would  be  a 
Great  Inconveniancy  for  ym  to  submitt  to  this  payment  & y*  y®  N.  Eng- 
land men  would  rayse  ther  Comodityes  double  if  such  paynf  of  1J 
pound  were  Exacted  from  them;  Upon  which  y®  people  were  Mutinous 


310 


COLONIAL  RECORDS. 


& Reviled  and  threatened  the  members  of  the  Counscill  y*  were  for  setle- 
ing  the  said  duty  ; how  Ever  y®  sd  duty  was  sutled  & one  Bird  appoynted 
for  Colecting  it  who  went  on  Colecting  it  untill  y®  yeare  1676  in  wch 
yeare  ther  being  a Warr  wth  the  Indians  & y®  people  for  y‘  reason  in 
Amies  they  were  ^swaided  by  Geo:  Durrant,  Richard  Foster  Patrieke 
Whitt  & Vallentine  Bird  y®  Colector  wth  divers  others  to  force  theGov- 
erm‘  to  remitt  to  y®  New  England  men,  by  whose  hands  were  brought 
unto  vm  all  sortes  of  Europiane  Comodityes,  three  farthings  of  sd  penny 
^ pound,  the  sd  Durrant  having  then  a considerable  quantity  of  tobacco 
to  Receive  woh  lie  was  to  ship  of  to  N.  England  as  this  deponent  hath 
hard  the  sd  Durrant  say. 

In  Jully  1677  Mr  Tho.  Miller  Arrived  in  y®  sd  County  Brought  w01 
him  a Coniission  for  himselfe  to  be  Colectr  of  y®  sd  duty  & a Certificate 
from  the  Governr  that  he  had  ^formed  what  y®  Law  in  his  case  Required 
& also  a Lett®  from  his  Mat,e  Comanding  y®  Govern®  & all  other  officers 
to  be  assisting  to  him  in  Colecting  v®  sd  duty  & ord"  to  call  all  other 
former  officers  to  Accott  and  also  brought  a Comission  from  Mr  Tho. 
Eastchurch  Govrnr  of  y®  sd  County  for  him  the  sd  Miller  to  be  President 
of  y®  Counscill  & comand®  in  Cheefe  duringe  the  absence  of  y®  sd  East- 
church  & y®  sd  Miller  wth  the  Assistance  of  the  Counscill  of  y®  sd  County, 
Resatled  the  colecting  of  the  sd  Dutty  & called  the  former  Colecto®  to 
Acc“  for  w*  hee  had  Receaved  and  all  people  seamed  quiately  to  submitt 
to  y®  same  & the  New  England  men  complyed  in  paying  y®  sd  Duty: 
this  Deponant  was  comissionated  by  the  aforesd  Tho  Miller  to  be  one  of 
his  Deputy  colectors  & had  receaved  upwards  of  a hundred  hoxheads  of 
Tobacco  for  his  Ma“®  & had  seized  some  parscells  of  goods  Judged  to  be 
Imported  from  contrary  to  law  The  which  was  done  wthout  any  opposi- 
tion woh  quiat  posture  of  colecting  his  Matie>  duty  continued  untill  y® 
arrivall  of  one  Capt  Zaekry  Gillam  on  Satterdav  about  v®  last  of  No- 
\rember  wth  one  Georg  Durrant  from  London  Upon  whose  comeing  In 
the  sd  Bird  Crawford  & severall  others  went  on  board  y®  said  ship  wher 
this  said  Durrant  was  & on  Monday  y®  2d  Dee®  one  Wells  Nevell  & 
divers  others  went  to  y®  house  of  this  deponent  wth  Muskets  and  swords 
& broke  open  Cliists  & Locks,  useing  viallence  to  y®  deponants  familly 
& foreeably  took  away  v®  sd  Millers  Comissions  & Instructions  for  his 
colecting  y®  sd  duty  & all  the  Records  of  the  country  wch  wer  by  the 
Authority  ord®d  to  be  there  & carved  them  to  y®  forementioned  Crawfords 
house  And  Valentine  Bird  Wm  Sears  foresd  Wells  & Win.  Gineings  who 
Crawford  also  joyned  with  & a party  of  armed  men  seized  upon  this 
deponant  v®  aforesd  Tho  Miller  & M®  Jno.  Nixon  memb®8  of  y®  eouneill 
A Governm*  took  from  them  all  ther  papers  kept  them  close  prisoners 


COLONIAL  RECORDS. 


.311 


not  .suffering  them  to  speak  in  private  wth  anybody  ore  one  wth  the  other 
& then  sent  out  parties  of  armed  men  to  secnr  the  Rest  of  his  Matl6S  Offi- 
cers & all  the  Members  of  ye  Counsel'll  Govern  m‘  & officers  wch  would 
not  submit  to  or  Joyne  wth  them,  some  of  woh  wer  seized  & others  fled  into 
Virginia,  they  also  Took  into  yr  possession  all  yt  Tobacco  yk  had  been 
Recd  for  his  Matie  & the  goods  that  had  been  seized  for  haveing  been  Im- 
ported into  ye  sd  county  from  N England  Contrary  to  Law  or  ye  Act  of 
Trayde  & Navigation,  after  wch  yesd  Crawford  together  wth  Durrant  Bird 
Wells  Sears  & Gineings  who  headed  the  Rest  in  Armes  being  newly  fur- 
nished yrwth  from  on  board  ye  sd  Gillams  ship  marched  & convayed  y° 
foresd  prisoners  wth  <livers  others  To  y°  house  of  y°  sd  Durrant,  where 
this  Rabble  kept  a court  after  ther  maner,  Kept  ym  yr  close  prisoners  off- 
ten  Threetening  to  Try  & hang  them  haveing  set  up  a moeke  Govermt  by 
force  of  men  in  Armes  & prc*eed  after  yr  fashion,  suffering  New  England 
vessells  to  depart  wth  Layding  of  Tobacco  wthout  paying  his  Maties  duty 
& this  deponant  after  seaven  weeks  Imprisonment  wthout  mittimus  found 
opportunity  of  escape  fled  to  Virginia  & from  thence  came  to  England 
to  give  an  Acct  to  his  Mati0  & Lds  Prprt”  of  these  Matt”  Leaveing  the  sd 
Tho.  Miller  in  Irons  wth  -In0  Nixon  & several!  others  his  Mati6S  & the 
countryes  officers  prizoners  & further  at  prsent  saith  not 

London.  1678  TIMO.  BIGGS. 


[B.  P.  K.  O.  Colonial.  Papers — Extract.] 

VlRGa  8 June  1680. 

ANSWER  OF  Ye  ASSEMBLY  TO  Y“  Ld  CULPEPER’S 
SPEECH.  ATT  A GENERAL!,  ASSEMBLY  BE- 
GUNNE  AT  JAMES  CITTY  THE  8th 
OF  JUNE  1680. 

By  the  Councell  & House  of  Burgesses. 

In  concurring  with  his  Excellencies  Speech  in  demonstrating  the  Estate 

of  affaires  in  Relation  to  the  Indians  & other  things  therein  contained. 

* * * * 

And  as  evil]  accidents  are  seldome  without  their  Concomitants,  soe  the 
Low  price  and  Value  of  its  only  Comoditv  Tobacco  doth  aggrevate  A 
heighten  its  misery,  for  tho’  by  God’s  blessing  there  is  such  plentie  of  it 
as  might  well  support  every  man  in  his  private  capacitie  & enable  him 
to  contribute  liberally  to  the  publique,  whereby  good  Stypends  might  be 


COLONIAL  RECORDS. 


312 


given  to  those  in  Military  imployment  & for  the  defence  of  the  Country, 
yet  such  is  the  unhappiness  of  it  that  it  will  not  supply  the  soldiers  with 
eloathes  for  their  wages  nor  armes  and  amunition  for  the  Service  they  are 
in,  neither  can  the  Country  hope  for  any  redress  in  this  their  deplorable 
Estate,  unless  bv  his  Majesties  most  Sacred  Authority  the  great  quanti- 
ties of  that  Speiee  (by  some  Expedient  most  agreable  to  his  wisdome)  be 
abated — 

Testi8  ROBERT  BEVERLEY  Clk  Assembly 
Vera  Copia  80 


[B.  P.  R.  O.  Colonial  Papers.] 


SECRETARY  OF  VIRGINIA  TO  SEC.  OF  STATE  JULY  & 

AUG.  1680 

May  it  please  your  Hono" 

It  is  now  neare  six  weeks  since  I gave  your  honor  the  trouble  of  a 
Letter.  I then  informed  an  Assembly  was  suddenly  to  sitt,  sumoned  by 
his  Excellency  the  Lord  Culpeper;  the  results  of  whose  consultations 
(as  it  is  my  duty)  I herewith  send  to  your  I lono”  being  several  1 Acts  and 
Orders,  together  with  an  Address  to  his  most  sacred  majesty,  imploring 
his  grace  of  a Cessation  from  planting  Tobacco  in  the  yeare  1681,  a re- 
quest which  seems  to  import  such  a diminution  to  his  Majesties  Customes 
in  the  yeare,  that  it  may  be  feared  itt  carryes  with  itt,  itts  owne  deniall, 
tho’  for  its  imoderation  wee  are  so  unhappy  as  to  plead  our  most  impor- 
tant necessities ; to  be  our  sole  manufacture,  ami  by  which  hitherto  this 
Country  hath  only  subsisted  but  now  by  the  excessive  quantities  made,  is 
soe  under  foot  that  itt  will  be  impossible  for  the  Inhabitants  longer  to 
support  themselves  thereby,  unless  his  Majesty  will  bee  graciously  pleased 
to  enjoy n a Cessation,  & thereby  lessen  the  quantity  & consequently  ad- 
vance the  price : By  which  wee  may  not  only  hope  for  that  good,  butt 
by  the  yeares  imploym*  in  other  affayres,  our  people  may  bee  incouraged 
for  the  future,  to  divert  part  of  their  Labours,  in  carrying  on  some  other 
manufactures  & not  solely  depend  upon  that  uncertaynecomodity  Tobacco, 
which  at  present  is  so  low,  that  a whole  yeares  Crop  will  not  advance  to 
the  ordinary  planter  whereby  meanely  to  cloath  himselfe  and  itt  is  to  be 
feared  another  yeare  will  bring  us  to  a more  deplorable  Condition,  there 
being  now  upon  the  ground  the  greatest  Crops  that  have  been  known, 
which  when  finished  together  with  what  remaines  in  that  Country,  will 


COLONIAL  RECORDS. 


313 


be  as  much  if  not  more,  then  the  ships  can  carry,  of,  in  two  succeeding 
yeares  from  whence  itt  doth  consequently  follow,  if  a Cessation  bee  not 
the  next  yeares  Labour  in  Tob:  will  bee  totally  spent  in  vayne 

James  Citty  Right  honble  yor 

July  9th  1680  Hono”  most  humbl°  & 

devoted  servant 

The  dispi cable  & low  price  of  Tob:0  inclines  the  Inhabitants  of  this 
Contry  to  thinke  of  Cohabitation  as  a prineipall  meanes  to  abase  the 
quantity  of  the  Comodity,  and  amend  the  quality,  and  the  late  Assembly 
hath  made  an  Act  to  that  purpose,  but  I much  doubt  itt  may  miss  itts 
wished  effect,  if  not  totally  miscarry,  by  the  multiplicity  of  places  ap- 
pointed for  Townes,  viz:  one  in  every  County.  Butt  if  all  ships  were 
by  his  Majesty  comanded  to  ride  at  one  place  in  every  great  River,  and 
in  every  of  those  places  a Town  to  bee  erected,  the  design  would  have  the 
better  prospect 

Right  honble 

your  most  humble  & devoted 
servant 


Aug'1  20th 
1680. 


NICHO:  SPENCER. 


[B.  P.  R.  ().  (Joloniai.  Papers.] 


[Indorsed] 

CAROLINA.  INDICTMENT  OF  TH.  MILLER  RECd  FROM 
Y*  COMM”  OF  Y*  CUSTOM  ES  THE  15  JULY  1680. 

Albemarle  County  in  the  I At  a Grand  Councell  held  for  the  County  of 
Province  of  Carolina  V Albemarle,  y°  Attorney  Generali  Mr 
November  1679.  J George  Durant 

exhibited  the  subwritten  Indictin'  against  Tho.  Miller  & the  evidences 
to  prove  it  At  desired  justice  and  that  presses  of  law  might  pass  against 
him  haveing  Boraken  prision 

Thomas  Miller  thou  standest  indicted  by  the  name  of  Thomas  Miller 
of  this  County  Apothecary  for  that  thou  not  having  the  feare  of  God 
before  thine  eies  but  being  stirrd  At  moved  by  y*  Instigation  of  the  Devell 
36 


COLON  I A I,  RECORDS. 


314 


& out  of  the  Rancor  cfe  malice  of  thine  hart  forethought  & didst  in  a 
Rebellious  Trayterous  manner  at  the  house  of  Tho.  Harris  some  time 
in  or  about  the  month  of  November  1673  utter  & declare  these  fol- 
lowing words  viz'  That  it  was  never  good  times  in  England  the  King 
came  in  nor  never  would  so  long  as  there  was  a King  in  England 
and  at  the  House  of  Capt.  James  Blount  did  say  when  discourse  was 
about  the  Royall  issue  & report  was  the  Duke  of  Yorke  was  dead  that 
you  hoped  that  som  of  the  rest  would  not  bee  long  after  him  & some 
time  in  the  month  of  June  1675  at  y®  House  of  the  aforesd  Harris  did 
utter  & declare  y‘  thou  wouldst  not  loose  thy  life  for  y®  King  nor  for 
never  a man  that  weares  a Head  A:  that  y®  King  sometimes  sett  his  peo- 
ple to  fight  in  unrighteous  causes  & y‘  of  all  Religions  in  the  world  the 
Cavaleares  were  the  vervest  Rogues  & that  there  were  noe  righteous 
dealing  amongst  them  by  reason  the  King  had  his  hand  in  a whores 
plackett  which  words  are  contrary  to  y®  peace  of  our  Soveraign  Lord  y® 
King  his  Crown  & Dignity  & contrary  to  the  forme  of  v.®  several!  stat- 
utes in  that  case  made  & provided  & to  aggravate  vor  Crimes  you  have 
infamously  abused  our  most  illustrious  Ldrs  Propriato"  & wth  the  abetters 
& assisters  have  broken  prision  & escapd  to  evade  the  stroke  of  justice 

GEORGE  DURANT 

Attorn7  Gener*11 

Vera  Copia.  Robt.  Holden,  Secry 

The  Deposition  of  John  Culpeper  aged  thirty  one  yeares  or  there- 
abouts saith ; that  being  at  the  house  of  Thomas  Harris  in  or  about 
November  1673  in  discourse  wth  Thomas  Miller  y®  sd  Miller  then  sd  y‘ 
It  never  was  good  times  in  England  since  the  King  came  in  nor  ever 
would  be  so  long  as  there  was  a King  in  England  w®h  words  this  deponent 
suddenly  after  declared  to  Mr  Jno.  Nixon  being  then  a Magistrate  & he 
made  answer  that  I this  deponent  was  but  a single  evidence  & y‘  con- 
trary to  his  advise  & councell  y®  sd  Miller  would  bee  allways  talking  of 
such  matters  or  words  to  y®  same  efect  & further  saith  not 

Sworne  before  Lieut.  JNO.  CULPEPER. 

Col.  Richard  Foster. 

Vera  Copia.  Rob'  Holden,  Secry 

Lawranee  Gonzales  aged  30  yeares  or  thereabouts  deposeth  & saith  y* 
som  three  yeares  agoe  y®  deponent  being  at  Capt.  Blounts  some  discourse 
riseing  but  how  begun  yr  deponent  knoweth  not  but  heard  to  y®  best  of 
yr  deponents  knowledge  talking  of  the  Royall  Issue  y‘  some  of  them  was 
dead  & y*  sd  Miller  sd  he  hoped  y*  some  of  v®  rest  would  not  bee  long 


COLONIAL  RECORDS. 


.315 


after  to  ye  deponents  best  of  his  knowledge  was  y®  Duke  of  York  & y8 
deponent  further  saith  y‘  being  a subject  he  informed  Coll  Jno.  Jenkins 
of  the  same  & further  saith  not 

LAW  RANGE  GONZALES 

Sworn  before  John  Harvey  Esq 
& Richd  Foster  Esq 
Vera  Copia 

Robt.  Holden  Sec*7 

The  deposition  of  William  Coekin  aged  35  years  or  thereabouts  who 
deposed  saith  y‘  about  one  month  since  at  the  house  of  Tho.  Harris  he 
heard  Thomas  Miller  express  & say  (without  any  provocation  given  as 
this  deponent  knoweth)  to  one  there  present  George  will  you  loose  yr  life 
for  the  King,  the  sd  George  answered  yes,  had  1 as  many  as  I have  hares 
upon  my  head  y"  Miller  answered  thou  art  a fooll,  why  sd  George  will 
you  not  loose  yr  life  for  the  King  noe  answered  Miller  nor  for  any  man 
that  weares  a head,  why  sd  George  what  if  the  King  should  make  you 
Captaine  of  one  of  his  best  shipes  would  you  not  then  fight  for  him  noe 
sd  Miller  except  in  a righteous  cause,  why  sd  George  doth  the  King  sett 
his  subjects  to  light  in  unrighteous  causes,  ye  sd  Miller  answered  some 
time  he  sets  his  people  to  tight  in  unrighteous  causes,  One  Thomas  Willis 
being  by  sd  if  you  were  in  place  where  you  would  bee  cutt  in  peeees  for 
that  wordes  further  this  deponent  saith  v®  sd  Miller  sd  that  there  was  noe 
righteous  dealing  among  the  Cavaleares  for  the  King  had  his  hand  in  a 
whores  plackett  & further  saith  not 

WILLIAM  W COCK  IN 

Sworne  before  me  the  26th  July  1675 

John  Jenkins  Vera  Copia  Rob‘  Holden  Sec*7 

The  deposition  of  Thomas  Willis  aged  28  yeares  or  thereabouts  who 
deposed  saith  that  all  & every  the  words  artickles  and  sentences  which 
are  above  expressed  A sworn  to  by  William  Coekin  are  trueth  & no- 
thing but  the  trueth  & further  the  sd  Miller  expressed  at  the  same  time 
& said  that  of  all  Religions  in  y®  world  the  ('avail™  were  the  worst 
Rogues  & y‘  there  was  no  righteous  dealing  amongst  them  & further  y* 
sd  Miller  sd,  how  can  there  be  Righteous  dealing  amongst  them  when  the 
King  hath  his  hand  in  a whores  plackett  & further  saith  not. 

THO.  WILLIS 

Sworn  before  nice 

July  26th  1675 

John  Jenkins 


Vera  Copia 

Robt.  Holden  Secret ry 


COLONIAL  RECORDS. 


31 6 


The  deposition  of  Diana  Harris  aged  32  y cares  or  thereabouts  saith 
that  Thomas  Miller  being  in  hir  house  in  discourse  sd  y‘  of  all  Religions 
in  the  world  the  Cavall”  are  the  veriest  rogues  & Tho.  Will  is  answered 
why  soe  & Thomas  Miller  replyed  againe  how  can  there  be  righteous 
dealing  when  y®  King  hath  his  hand  in  a whores  plackett  & further  saith 


not. 


Sworn  to  in  Court  this  29th  March 
1676.  Jno  Jenkins  Esqr®  cfc  acknowl- 
edged before  the  Grand  Councell  bv 
hir  selfe  held  Novembr  1679  in  y® 
County  of  Albemarle  myselfe  present 


hir 

DIANA  X HARRIS 
marke 
Vera 
Copia 

Robt.  Holden 
Secret17 


The  deposition  of  Jno.  Davis  aged  34  yeares  or  thereabouts  saith  y‘the 
deponent  being  at  his  owne  house  & Mr  Tho.  Miller  being  there  the  sd 
Miller  discoursing  conserning  the  County  sd  y*  the  Lords  had  granted 
that  to  the  Countery  that  they  would  not  grant  him  and  that  y®  sd  Miller 
admired  at  my  Ld  Ashley  v*  was  as  wise  a man  as  any  in  England  & y* 
sd  Miller  sd  v‘  the  Lds  was  turned  fooles  or  sotts  or  else  they  would  not 
deal!  soe  unjustly  by  him  & if  he  were  in  England  he  would  tell  them  on 
it  to  there  faces  & further  saith  not 

JOHN  DAVIS 

Sworn  before  the  Grand  Councell  Novemb'  6th  1679  Vera  Copia 

Robt.  Holden.  Secret17 


All  the  above  declarations  a pea  red  against  him  (the  last  deposition  ex- 
cepted) before  the  Palatine  Courtt  held  August  last  in  the  County  of 
Albemarle  present  Jno.  Harvey  Esq.  Governo®  now  deceased,  myselfe, 
Anthony  Slocomb  Esqr®  James  Hill  Esqr®  & Thomas  Biggs  Esqr®  & made 
good  to  his  face  whereupon  the  Govr  & myselfe  signed  his  mittimus  & 
comitted  him  to  the  custody  of  Tho.  Leper  a Marshall  from  whence  he 
escaped  by  the  assistance  of  James  Hill  Timothy  Biggs  Esq  Jno  Taylor 
Henery  Hudson  & som  others,  whereupon  he  was  followed  by  hue  & cry 
into  Virginea  & hee  obtained  the  Govr  of  Virginea  Sr  Henry  Chichly 
spetiall  warrant  under  his  hand  & Seale  (wch  hee  have)  to  aprehend  him, 
but  he  escaped  thence  in  one  Fen  contrary  to  y®  sd  spetiall  warrant  & 
Knowledge  of  sd  Fen  to  whome  the  warrant  was  showne.  There  was 
allsoe  at  y*  same  time  another  indictm*  exhibited  against  him  for  Blas- 
phemy wch  is  as  followeth  wth  the  evidences.  Tho.  Miller  thou  standest 
indicted  by  y®  name  of  Tho.  Miller  of  this  County  Apothecary  for  not 


COLONIAL  RECORDS. 


317 


having  the  feare  of  God  before  thine  eies  but  being  stirred  & moved  by 
the  instigation  of  the  Devill  on  or  about  ye  18th  day  of  November  1675 
in  most  Atheistical  1 & Blasphemous  manner  didst  utter  & declare  these 
words  or  to  ye  same  efect  In  speaking  of  the  Sacranf  of  the  Lds  Supper 
y‘  is  to  say  whats  that  a litle  hogs  wash  putt  in  a piggs  trough  wch  words 
were  spoken  at  the  House  of  Mr  Francis  Godfrey  & are  contrary  to  ye 
Laws  of  God  & our  Soveraigne  Lord  the  King  his  crown  & dignity  & 
against  the  forme  of  severall  statutes  in  that  case  made  & provided  & to 
agravate  yr  crimes  you  wth  abcttrs  & assisters  have  broken  prision  & es- 
caped to  evade  y®  stroke  of  justice 

GEO.  DURANT  Attor  Gen11 

The  deposition  of  Jno.  Nixon  aged  54  yeares  or  thereabouts  Being  at 
ye  House  of  Francis  Godfrey  did  heare  a discourse  between  one  Patrick 
Jackson  & Thomas  Miller  about  the  sd  Jackson  going  to  Virginea  y®  sd 
Miller  did  atirme  that  Jackson  was  there  to  inform  Mr  Drummond  of  v® 
afares  of  our  country  or  words  to  y*  purpose  y®  sd  Jackson  sd  vt  he  would 
lade  it  on  his  Sacranf  y*  it  was  not  soe,  v®  sd  Miller  sd  y*  hee  looked  on  his 
Sacram4  to  bee  but  as  a prcell  of  Hoggs  wash  or  words  to  that  purpose  A 
further  saith  not. 

Jn°  NIXON. 

The  deposition  of  Jno.  Dye  aged  47  yeares  or  thereabouts  saith  That 
yr  deponent  being  at  the  house  of  Mr  Francis  Godfrey  about  y®  first  day 
November  1675  yr  deponent  heard  Tho.  Miller  tax  Patrick  Jackson 
about  carrying  a letter  into  Virginea  concerning  him  woh  the  sd  Jackson 
denied  he  knew  of  no  such  matter  saying  he  would  lade  the  Saeram*  of 
it  to  woh  the  sd  Miller  replied  yr  Sacrum4  whats  that  a little  Hoggs  wash 
powred  in  a pigs  trough  and  further  yr  deponent  saith  not 

JNO  DYE 

Sworn  before  Richard  Foster  A John  Dye  owned  this  deposition  be- 
fore thi'  Grand  Councell  held  in  the  County  of  Albemarle  Novembr 
1679 

Vera  Copia 

Bout.  Holden,  Secret"’ 


318 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Colonial  Papers.] 


[Indorsed.] 

COPYS  OF  LETTERS  FROM  TIM.  BIGS  COMPTROLI/  OF 
THE  CUSTOMS  IN  CAROLINA. 

Recd  from  y®  Comm"  of  y®  Customs 
the  loth  of  July  1080. 

B B. 

P.  21. 

Mr  Robt.  Holden, 

Sr  Being  I have  Recd  Aeeotl  from  y®  Comiss”  of  his  Ma4'®*  Afaires  & a 
duplicat  of  w‘  is  sent  you,  as  you  have  y®  lykeof  mvne,  I yesterday  sent 
my  Dej)ty  Mr  Sam11  Prieklove  to  discourse  wth  you  in  several  1 Respects; 
In  ordr  as  I am  Comanded  for  yor  further  Information  becaus  1 would 
let  nothing  be  undone  on  my  part,  but  1 am  Informed  that  though  hee 
offered  himselfe  to  you  in  order  y’unto,  yet  you  would  take  no  notice 
of,  nor  did  not  speake  wth  him.  I have  found  undr  yor  hand  that  you 
have  under  written  my  deputy  in  his  officiateing  Ii is  Maties  bussines  tliat 
hee  is  none  of  his  Maties  officers.  Sr  you  know  I have  power  to  deput  a 
deputy  & that  I have  deputed  him  y®  wch  was  admitted  of  by  y®  Govrnr 
Harvy  & ^formed  w‘  y®  Law  in  his  Case  Required  & therefor  I desyre 
as  lie  is  his  Maties  officer  that  he  may  proceed  acordingly  A-  Receive  no 
opposition  from  yrselfe  or  anv  other  or  yr  Reasons  for  the  Contrary  that 
fraud  may  be  prevented.  Sr  I doe  alsoe  desire  you  "fl  him  let  mee  have 
Acou  of  yor  proceedings  in  his  Maties  service,  you  know  his  Mat,es  Lett1-  to 
y®  Govrnr  was  only  for  to  advize  wth  the  Survavr  GinrI  what  places  was 
proper  for  his  Maties  office  & for  vessells  to  come  to  be  survayed  at  & it  was 
Conclud  on  by  y®  Govrnr  & Lords  deptyes  It  should  be  heare — so  y‘  I 
expect  y‘  all  Vessells  wch  come  in  at  Ronoak  come  up  hither  accordingly 
& for  those  y*  Come  in  at  Caratuk  inlet  I will  take  further  care  by  my 
deputyes  Sr  I am  Informed  yon  are  a sending  Mr  Edw.  Wayde  who 
was  High  Shreefe  of  this  County,  from  hence  or  a banishing  him  tlier  is 
a matteriall  Evidence  for  y®  Kings  Matie  Touching  what  I am  to  assist 
you  in  for  further  AcoM  of  what  Is  due  to  his  Mat,e  Its  not  yrfor  Con- 
venient he  be  wantinge  when  tyme  shall  sarve  for  his  Testifying  his 
knowledge  for  his  Matie  This  Sr  Is  the  needfull  of  my  duty  for  his 
Maties  sarvices  & all  at  present  from  yor  friend 

TIM0  BIGGS  Comptr  & Survavr  Gen11  1679. 

Att  my  office  on  litle  River  poynt  Albemarle  Febry  4th  1679. 


COLONIAL  RECORDS. 


319 


The  above  is  a True  Copy  of  a Lettr  sent  to  Mr  Robt.  Holden  A dd 
by  Richard  Standerweek  in  the  p'sence  of  Coll11  J no.  Jenkins  Mr  Jos. 
Scott  A Paul  Latham  at  v®  house  of  George  Durant  y°  4th  Febry  79  A y® 
sd  Standerweeke  asked  y®  sd  Holden  for  answer  & bee  Replyed  he  had 
nothing  to  do  wth  y®  sd  Biggs  or  Standerweek  Either  vary  Angrily  A 
after  fhtseing  it  & so  put  it  in  his  pocket  as  is  witnessed  this  p'sent 
day  f RICH4  STANDERWEEKE 

Testis  Tymo.  Biugs. 

Sam11  Pricklove. 

After  this  Reply,  I sent  my  depty  on  his  bussines  wth  a special  1 warrant 
heare  lying  two  New  England  Vessells  Layden  & Cleared  ^ 
to  depart  of  wch  This  following  is  a True  Coppy 
By  y®  Compter  A Survay1  Gen11 
Albemarle 
Mr  Sam11  Pricklove 

Sr  1 understand  several!  Vessells  in  this  Country  are  upon  departur 
& wheras  I am  informed  Mr  Holden  hath  undr  written  one  of  his  Ma"“ 
Officers  for  woh  this  day  I sent  To  know  his  Reasons  but  he  will  send 
non  & that  fraud  may  be  prevented  These  are  in  his  Matios  name  To  will 
and  Require  you  to  Goe  on  board  on  all  vessells  as  are  aforesd  A see  the 
Law  in  ther  severall  Cases  be  ^formed  & Executed  according  to  yor 
office  duty  & instructions  for  woh  this  shall  be  yor  suffitient  wart  Given 
und*  my  hand  this  4th  of  ffebry  79  at  mv  office  Litle  River  povnt 

TIM0  BIGGS,  Compf  A Survayr  Gen11 

My  deputy  being  upon  y®  Execution  of  The  a fores4  Warrant  was 
Issued  A seized  by  the  Grand  Marshell  of  the  Country  by  ordr  of  y® 
Afores4  Robt.  Holden  (as  a Member  of  y®  Govern1)  A w"  he  was  acting 
yrin  was  havvled  away  befor  he  could  act  his  duty  & earn  ed  ashor  kept 
close  prisoner  & the  vessells  departed  wthout  any  dene  Survay  Ac.  as 
Wittnes  my  hand. 

TYM°  BIGGS,  ComptrlIr  Ac. 

Upon  which — 1 sent  up  to  v®  Authority  y"  mett  wth  y®  sd  Holden  at 
y®  place  befor  sd  George  Durrant  house  yr  Court  house  & his  office  the 
following  lines  as  my  protest  agst  such  proceedings — this  being  a True 
Coppy 


COLONIAL  RECORDS. 


320 


By  Tim"  Biggs,  I )epty  To  the  Earle  of  Craven  & ComptrUr&  Survayr 
Gen11  of  his  Matios  Customs 

These  prsents  witness  that  1 in  ^suanee  of  ord”  Recd  from  ye  lit  Wor- 
shipfull  the  Commissioners  of  his  Maties  Customs  in  London  proeeeded 
as  is  befor  inserted  & Expressed  and  am  only  not  Answered  by  the  Co- 
lc*<*tr  but  he  hath  oi,rd  my  deputy  to  be  seized  by  y®  Marshell  of  the 
County  w"  he  was  upon  his  M atl0S  Imploy  & in  the  officiateing  his  office, 
A by  Evidence  to  mee  mayd  carried  him  a way  prizoner  wthout  suffering 
My  sd  Depty  to  do  his  duty  or  had  done  his  office  bv  woh  his  Mat,e*  Con- 
sarnes  is  like  to  suffer  & not  only  in  that  but  In  y®  Colect®8  sufferings  (as 
one  in  Authority  joyneing)  in  sending  of  or  Banishing  Mr  Edw.  Waade 
High  Shreefe,  whoe  is  a very  materiall  Evidence  for  the  Kinge  & whither 
to,  Is  not  yet  made  knowne, — 

I doe  therfor  for  safety  of  my  Security  & Oath  & Clearing  myselfe 
Entre  this  Instrument  of  writing  as  my  protest,  ag8t  y®  afores4  Colect® 
M®  Robert  Holden  & desyre  this  to  be  Recorded  & attested  to  mee  bake 
by  y® 'Clarke  of  y®  Court  that  it  is  so  efected,  that  1 may  send  it  to  Eng- 
land That  my  ma"  may  see  my  Readines  <fe  faithfulnes  in  proceeding 
according  to  yo®  ord* 

Given  undr  my  hand  at  my  office  on  litle  River  poynt  v®  5th  Feb®y 
1679.  TIM0  BIGGS  Compt  &c 

All  these  befor  writteings  1 sent  as  is  Lx  pressed  to  Mr  Holden  but 
could  have  no  answer  so  I after  sent  vm  to  one  in  y®  Authority  w”  y*satt 
as  a palatine  Court  inclosed  to  Capt.  Willoughby  who  Is  depty  to  y* 
Earle  of  Shaftsbury  A Regester  publi(pieof  the  Country  to  request  him 
to  Cause  vm  to  be  Recorded  or  if  denyed  it  y®  Authority  y*  y"  lie  undr 
his  hand  would  signify  the  same  as  y®  Coppy  of  his  Lett®  hearewth  sent 
will  informe  (but  he  sends  no  answer)  though  promised  hi'  would. 

At  my  office  on  little  River  poynt  Feb®y  5th  1679. 

Much  Honb,c  S® 

1 am  joyful  1 you  are  come  up  to  Court  & am  thankful!  you  stopt  y* 
viallence  some  went  wth  agst  mee  I would  gladly  have  vizited  you,  but  am 
Resolved  not  to  come  to  51®  Durrants  house  upon  any  Aco“  whatever 
haveing  already  given  my  sufficient  reasons  to  y®  Lords  propriat®5  y®fore 
IS®  haveing  Recd  Lett®8  from  y®  Rt.  Worshipfull  Comistioners  of  his  Ma***® 
Customs  I proceeded  wth  y®  Colect®  as  heare  Expressed  you  will  j^ceive 
& I humbly  Request  you  will  be  pleased  theord®ing  ym  to  bee  Recorded  A 
they  sent  mee  Attested  by  the  Clarke  that  it  is  soe  Efected  That  thereby 


COLONIAL  RECORDS. 


321 


I may  give  v8  mor  Ample  Acott  to  my  Mars  The  \vch  Sr  if  Refussed  & 
derived  ^ the  Authority  I then  pray  you  will  as  publique  Regester  for 
this  County  Attest  ve  denyall  yrof  under  yor  hand  back  wth  y®  inclosed 
Sr  It  is  a vary  hard  Case  that  I Cannot  im ploy  any  Ingenious  man  in 
his  Maties  service — but  he  shall  for  one  false  pretence  or  other  be  displact  bv 
Arrests  or  otherwayes  & w“  in  the  due  Excqutiou  of  yr Office — Sr  ye  Kinges 
Mat,es  Lettr  to  y8  Govrnr  was  for  him  to  Advize  wth  The  Kings  Survey1  &c. 
of  places  proper  for  Vessells  to  com  to  for  survay  of  & ye  office  to  bee  att  <fc 
by  y*  Govrnr  Harvey  & LdB  deptya  it  was  concluded  on  should  bee  heare  to 
wch  I have  proceeded  Accordingly  & Expect  y‘  all  Vessells  y*  come  in  at 
Roanoak  Inlett  by  this  present  Authority  be  ordrd  Accordingly  & not  I 
to  Come  To  y*  Colect”  office  for  Certificats  as  hee  thinks  to  force  mee) 
but  should  find  them  on  board  Vessells  or  w,h  goods  Lavden  or  unlavden 
after  Entrys  mayd,  Else  all  good  wthout  such  Certificates  y*  Entry  is 
mayde  y®  are  seazable — I pray  Sr  you  will  please  to  take  care  my 
deputy  Mr  Sam.  Pricklove  who  at  prsent  for  w*  I know  not,  Is  a prisoner 
Mr  Holdens  Ord”  y*  he  may  have  speedily  a Tryall  y*  so  hee  may 
proceed  to  manage  his  Troust  y*  fraud  may  be  prevented  & y*  v®  Country 
may  not  want  yr  Land  survayed  he  being  mv  depty  on  v*  A eotl  also  & if 
he  bee  not  Enuffe  I am  Ready  to  deput  more,  for  non  can  act  vrin  but 
by  Comition  from  mee  or  a mor  Imediate  Comition  from  my  mar  Sr  T 
should  be  glad  to  see  you  & Informe  you  amongst  other  things  w*  news 
I have  from  Whithall  Touching  Mr  Sothells  Redemption  & am  Sr  Yr 

frind  & Sarvant 

TIM0  BIGGS 
1679 

This  Tjettr  wth  y*  inclosers  dd  by  Mr  Jonathan  Whithall  to  Capt.  -I no. 
Willoughby  & after  ^usall  promised  Mr  Whitthall  he  would  send  or 
bringe  mee  a Answer,  at  breaking  up  yr  Court  y°  woh  v°  sd  Willoughby 
hath  not  ^formed  to  v8  day  & Court  brok  up  8 dayes  sence  y8  1 6 Eebry  79 

Teste  TIM0  BIGGS.  Comptr  &c 

( Directed ) Sondrv  Copys  wth  a Lettr 
To  Capt.  Jno.  Willoughby  of 

Matt”  Relaites  his  Matie*  affaires 
For  v®  Comittioners  fuller 
Information 


37 


COLONIAL  RECORDS. 


322 


[B.  P.  R.  0.  Colonial  Entry  Bk.  No.  106.  p.  181.] 


AT  THE  COMMITTEE  OF  TRADE  & PLANTATIONS  IN 
THE  COUNCIL  CHAMBER  AT  WHITEHALL 
M UN  DAY  THE  19th  OF  JULY  1680. 

Present 

Lord  President  Mr  Hyde 

Earl  of  Bathe  Mr  Secry  Jenkins 

Upon  reading  the  petition  of  Mr  Miller  concerning  Carolina  referred 
by  an  Order  of  Council  of  the  14th  inst  it  is  thought  fit  that  a copie  of 
that  petition  and  others  lately  presented  bv  him  and  received  from  Tim- 
othy Bigs  Comptroller  of  the  Customs  in  Carolina  bee  sent  to  the  Lords 
Proprietors  of  that  Province  with  directions  that  they  attend  the  Com- 
mittee with  their  Answer  on  ye  19th  of  August  next  at  ten  in  the  morn- 
ing and  that  copies  bee  alsoe  sent  to  the  commissioners  of  the  Customs 
and  their  Attendance  required  at  the  same  time  And  whereas  upon  the 
19th  of  February  last  the  Lords  Proprietors  and  the  Commissioners  of 
the  Customs  were  desired  by  the  Committee  to  meet  and  conferr  together 
in  order  to  agree  on  some  proposal  for  resetling  that  government  and  the 
peaceable  and  due  collection  of  His  Majties  Customs  in  that  Province  and 
to  make  Report  thereof  unto  the  Committee  the  Lords  of  the  said  Com- 
mittee doe  therefore  expect  to  receive  the  said  Report  from  the  Lords 
Proprietors  and  Commissioners  of  the  Customs  at  the  same  time. 


N.  R. — There  was  no  Meeting  of  the  Board  between  17th  August  and  7th  September. 

W.  N.  S. 


[B.  P.  R.  O.  Colonial  Papers.] 


[Indorsed.] 

GOODS  SHIPPED  FROM  CAROLINA  TO  LONDON. 

An  A cco*  of  Tobaco  shipped  by  Zachariah  Gillam  from  Carolina  for 
London  & Holland  on  acco‘  of  Mr  John  Browne  Mr  Thomas  Sands  &e. 
1 fi7 6—7  Hhds  ] Shipped  on  board  y®  young  Prince  Capt.  Robt  Morris 
89.  J Command1  for  Holland  who  cleared  at  v®  lie  of  Whight. 
91.  \ Shipped  in  y®  William  A Robt.  Capt”  Giles  Bond 
( Comatidr  for  London. 


COLONIAL  RECORDS. 


1677- 8  196.  1 In  y®  Honor  & Dorothy  Captn  Jno.  Moore  Comandr  for 

j Holland  who  clear’d  at  ye  lie  of  Whight. 

90.  In  y®  Kent  for  London  Capt  John  Lvnes 
107.  In  y®  St.  Thomas  for  London  Capt.  Anthony  Fen 
111.  In  y®  Carolina  tor  London  Zachariah  Gillam 

1678- 9  173.  In  ye  Carolina  for  London  Zachariah  Gillam 

32.  In  ye  Recovery  for  London  William  Hamond 

889  hhds  y®  Totall 

hhds  1 In  y®  Recovery  for  London  William  Hamond  on  acc* 
3 / of  William  Craford. 


[B.  P.  R.  O.  Colonial  Papers.] 


SIR  PETER  COLLETON  TO  WM.  BLATHWAYT  9.  AUG. 

1680. 


Sr 


Tonbridge  Wells  the  9th  of  Aug.  1680. 


Haveing  been  of  late  indisposed  my  Physician  advised  mee  to  take 
Tonbridge  waters  for  the  regaineing  mv  health  and  I was  in  hopes  to 
have  compleated  the  time  prscribed  mee  to  take  them  before  the  19th  of 
August  but  haveing  had  a toutch  of  an  Ague  I was  thereby  constrained 
to  leave  takeing  them  for  8 days  woh  hath  put  mee  so  much  back,  Where- 
fore humbly  desire  the  favour  of  you  if  possible  to  obtaine  of  the  Lords 
of  the  Comittee  of  Plantations  14  dayes  time  more  for  the  answearing 
Mr  Miller’s  Complaints  for  those  papers  that  relate  to  that  affair  and  that 
are  not  in  the  hands  of  my  Lord  of  Shaftesbury  are  in  my  possession  so  that 
the  Lords  Proprietors  of  Carolina  that  are  in  London  will  not  bee  well 
able  to  answear  Mr  Miller’s  petition  without  my  being  in  towne  & if  I 
come  to  town  the  time  for  takeing  the  waters  will  be  past  wch  may  be 
very  prejudiciall  to  mv  health,  wherefore  humbly  begge  your  assistance 
in  procuring  the  time  1 desire  & that  you  will  please  by  a line  or  two 
directed  to  mee  to  Tonbridge  Wells  to  signifye  to  mee  whether  my  re- 
cpiest  be  granted  or  no  that  1 may  govern  mv  selfe  accordingly  woh  will 
infinitely  oblidge 

Yor  most  humble  serv‘ 

P COLLETON 


[Indorsed.] 

From  Sr  P.  Colleton  ab*  y®  Business  of  Carolina. 


COLONIAL  RECORDS. 


324 


[B.  P.  R.  O.  B.  T.  Va.  Vol.  58.] 


ORI)r  OF  COUNCIL  FOR  COLLECTING  LEYYS  OF  THE 
INHABITANTS  OF  CORRATUCK 

At  a Council  held  at  James  City  ye  25th  of  September  1680 

Present 

Sr  Henry  Chicheley  Knt  Deputy  Governor  &c. 

Upon  the  reading  the  Letter  from  the  Government  of  Carolina  & (this 
letter  nor  remonstrance  not  to  be  found)  Remonstrance  therewith  sent  is 
ordered  that  Mr  Secretary  transmitt  ye  same  to  hisExcellcy  the  Lord  Cul- 
peper that  by  his  Lordship  the  same  may  be  represented  to  his  most 
sacred  Majesty  & most  honoble  Lords  of  the  privy  Council  And  it  is  like- 
wise Ordered  that  pursuant  to  an  order  of  the  last  Assembly  the  sheriff 
of  Lower  Norfolk  County  do  proceed  to  collect  Levys  of  the  Inhabitants 
of  Carrotuck  as  hold  their  Lands  by  patents  from  this  Governments  and 
that  Mr  Secretary  write  to  him  effectually  therein. 


Sr  HENRY  CHICHELEY’S  LETTER  TO  THE  SIIERIF  OF 
LOWER  NORFOLK. 


Mr  Keeling 

How  you  was  obstructed  in  the  performance  of  your  duty  relateing  to 
yor  taking  a List  of  Tithables  as  directed  by  his  Excellcys  Letter  pursu- 
ant to  an  order  of  Assembly,  myself  and  the  Council  are  well  informed 
therein,  with  whose  advice  you  receive  this  Letter  being  to  require  you 
to  proceed  in  the  collection  of  your  Levy  from  the  Inhabitants  of 
Blackwater  and  Corrotuck  as  directed  by  his  Excellencys  lettr  upon  the 
order  of  Assembly  in  which  just  proceedings  it  cannot  be  thought  you 
should  meet  with  any  Lett  hinderance  or  molestation,  but  if  any  should 
presume  under  what  pretence  soever  to  obstruct  or  molest  you,  You  are 
in  that  Case  to  signify  the  same  unto  me  I am 

Your  affectionate  friend 

HEAR  CHICHELEY 


September  y*  29th  1 680 


COLONIAL  RECORDS. 


325 


[B.  P.  R.  O.  Colonial  Papers.] 

PETITION  OF  TIMOTHY  BIGGS  TO  THE  EARL  OF 
DANBY,  LORD  TREASURER 

[20  Nov.  1680.] 

To  the  R‘  HonobIe  Tho.  Earle  of  Dauby  Ld  High  TreasuF  off  Eng- 
land, the  humble  petition  off  Timothy  Biggs  Deputy  Collect1,  off  his 
Majties  Customes  in  Albemarle  als  Roanoake  in  the  province  of  Carolina 
authorized,  thereunto  by  Tho.  Miller  Esq.  Comissioned  chiefe  Col  loot  or 
bv  yor  Ldshippes  order  to  the  Comission"  of  his  Majties  Custome  house 
in  London. 

Sheweth 

That  your  petior  had  reced  about  100  hogshds  of  Tobacco  on  his 
Majties  acco*  in  the  sd  County  from  the  New  England  Men  for  ld  tb  Cus- 
tome on  Tobacco  transported  thence  and  should  have  reced  some  weekes 
after  about  300  Hogshds  more  wch  were  due  on  Arrears  of  woh  the  sd 
Miller  in  order  to  his  Instructions  from  the  Comiss"  made  demand  A 
had  taken  care  for  Vessells  to  shipp  the  same  of:  But  several  factious 
persons  in  the  sd  Countrey  in  A rebellious  manor  about  or  on  the  3rd  day 
off  Decembr  last,  seized  hisMajties  Collect1  and  all  his  officers  together  wth 
the  Comandr  in  cheife  of  the  sd  County  and  all  the  Memb"  of  the  Coun- 
sell & other  Officers  of  the  Governm*  that  would  not  submitt  to  or  act 
wth  them  imprisoninge  them,  debaringe  them  of  inke  and  paper  or  anie 
accesse  off  friends  to  them,  they  seized  and  tooke  from  his  Majtie8  Offi- 
cers all  his  Majt,es  eoncernes  there  and  suffered  New  England  vessells  to 
depart  wthout  shewing  or  paying  his  Majt,es  dews  after  woh  vor  petior  made 
his  escape  from  his  im prison mt  and  hath  taken  this  voyage  to  give  vor 
Lordshipp  A true  state  of  this  matter  Most  humbly  praying  vor  Lord- 
shipp  will  bee  pleased  to  consider  his  care  trouble  and  great  charge 
herein  and  that  wth  new  orders  obedience  may  be  eomanded  off  those 
rebells  and  his  Majt,e8  dews  received. 

And  yor  petior  shall  ever  pray  &c. 

(Indorsed) 

Pet"  of  Tim.  Biggs  to  the  E.  of  Dauby 

Head  y*  20  Nov.  1680. 

B B 

P.  28. 

Papers  relateing  to  Biggs’ 
transactions  when  he 
was  in  England  1678 


COLONIAL  RECORDS. 


326 


'Phis  Petition  by  direction  of  y®  Lds  P'p't"  I p'sented  to  ye  Rt.  HonbU 
y®  Ld  Tresurer  about  May  167s  In  prsence  of  his  Grace  v®  Duke  of  Al- 
bemarle who  upon  ^usall  of  mv  petition  A affidavit  ()r’drd  nice  to  draw 
a Petition  To  y®  Kings  Majesty  & Counscill  & y®  same  wth  myn  Affida- 
vit  To  prsent  unto  them,  but  I was  afterwards  ordrd  by  y®  sd  Ldd"  Prprt” 
for  Reasons  best  known  to  themselves  to  disist. 

Given  undr  my  hand  y®  15th  Aug4  167!) 

PI  MO.  BIGGS  Depty  to  v®  Earle  of  Craven. 

I the  subscribed  doe  Averr  and  am  ready  to  be  Deposed  that  the  above 
written  attestation  and  avernf  concerning  y®  Delivrv  of  the  within  Peti- 
tion is  the  hand  of  Mr  Timothy  Biggs 

JNO.  TAYLOR 

1679. 


[B.  P.  R.  O.  Colonial  Papers.] 


ANSWER  OF  THE  LORDS  PROPRIETORS  OF  CAROLINA 
READ  THE  20  NOV.  1680. 

In  obedience  to  yor  Ldps  comand  in  yor  ordr  of  the  19th  of  July  we 
have  perused  the  petitions  of  Mr  Thomas  Miller  and  Mr  Timothy  Biggs 
and  some  of  the  Inhabitants  of  Albemarle  in  Carolina  and  according  to 
the  best  information  we  can  att  present  gett  finde  the  matter  of  fact  they 
complaine  of  to  be  as  follovveth. — 

Mr  Thomas  Miller  without  any  legall  authority  gott  possession  of  the 
government  of  the  County  of  Albemarle  in  Carolina  in  the  yeare  1677 
and  was  for  a tyme  quyetly  obeyed  but  doeing  many  illegall  and  arbi- 
trary things  and  drinking  often  to  excess  and  putting  the  people  in  gen- 
erall  by  Ins  threats  and  actions  in  great  dread  of  their  lives  and  estates 
and  they  as  we  suppose  getting  some  knowledge  that  he  had  no  legall 
authority  tumultuously  and  disorderly  imprison  him  and  suddainly  after 
Mr  Biggs  and  Mr  Nixon  for  adhering  to  Mr  Miller  and  abetting  him  in 
some  of  his  actions  and  revive  an  accusation  against  Mr  Miller  of  trea- 
sonable words  for  which  he  had  been  formerly  imprison’d  but  never  tryed 
And  appoynt  Mr  Culpeper  to  receive  the  Kings  Customes  dureing  the 
imprisonment  of  Mr  Miller  and  did  many  other  tumultuous  and  irregu- 
lar things.  Mr  Bigs  makes  his  escape  and  comes  home  to  England  and 
gives  us  information  of  these  disorders  upon  w®h  we  gott  one  Mr  Seth 


COLONIAL  RECORDS. 


327 


Sothell  who  is  interested  with  us  to  undertake  the  Government  who 
being  a sober  moderate  man  and  no  way  concerned  in  the  factions  and 
animosityes  of  the  place  we  doubt  not  but  would  settle  all  things  well 
there  and  to  whome  we  gave  Instructions  to  examine  into  the  past  dis- 
orders and  punish  the  offenders.  And  the  Comiss”  of  his  Majts  Cus- 
tomes  gave  him  also  a Comission  to  be  Collecto1  of  his  Majts  Customes 
in  Albemarle  but  Mr  Southed  in  his  voyage  thither  was  taken  by  the 
Turks  and  carry ed  into  Argiers. 

As  soone  as  we  heard  of  Mr  Sothell’s  misfortune  we  sent  a Comission 
to  one  Mr  Harvey  to  be  Govr  untill  Mr  Sothel’s  arrivall  there,  whose 
release  we  speedily  expected  With  this  Comission  went  Mr  Robert  Hol- 
den whoome  the  Comissioners  of  the  Customes  had  appoynted  Collector 
of  his  Majtes  Customes  in  Albemarle  in  the  roome  of  Mr  Sothell ; both 
these  Comissions  as  we  are  informed  were  quyetly  and  cherefully  obeyed 
by  the  people  and  Mr  Holden  hath  without  any  disturbance  from  the 
People  collected  his  MajteB  Customes  there  and  sent  part  of  it  home  to  the 
Comissioners  here  and  part  of  the  Customes  having  been  made  use  of  by 
the  people  in  the  tyme  of  the  disorders  they  have  laid  a Taxe  upon  them- 
selves for  the  repaying  it  to  Mr  Holden  the  present  Collector 

Not  long  after  the  settlem'  of  the  Governin'  in  Mr  Harvey  he  and  the 
Council  (as  we  are  informed)  did  committ  Mr  Miller  againe  in  order  to 
the  bringing  him  to  a Tryall  for  the  treasonable  words  he  had  formerly 
spoken,  But  Mr  Miller  breakes  prison  and  comes  fin-  England  And  not 
long  after  Mr  Bigs  (who  is  bv  the  Comissioners  of  the  Customes  ap- 
poynted Surveyor  of  his  Matys  dues  in  Albemarle)  and  Mr  Holden  the 
Collector  quarrell  among  themselves  and  Mr  Bigs  withdrawes  himself 
from  the  Council  1 and  perswades  James  Hill  the  Duke  of  Albemarle’s 
Deputy  to  doe  the  same,  hopeing  thereby  as  we  conceive  to  make  a dis- 
turbance in  the  Governin'  Since  then  Mr  Harvey  is  dead  and  the  Coun- 
cill  have  chosen  Col.  Jenkins  to  execute  the  place  of  Govern1'  untill  we 
shall  appoynt  another  and  all  things  as  we  are  informed  by  letters  from 
thence  beareing  date  May  June  & July  last  are  in  quvet  and  his  Majtye* 
Customes  quvetly  paid  by  the  People,  though  Mr  Bigs  hath  endeavoured 
to  interrupt  the  same  together  with  some  others  who  being,  as  we  are  in- 
formed prosecuted  for  avding  Mr  Miller  in  his  escape  and  other  misde- 
meanors are  withdrawn  into  Virginia  and  which  we  conceive  are  the  per- 
sons whose  names  are  to  the  Petition  presented  to  his  Majesty.  And  this 
is  the  truest  ace"  we  are  able  to  give  your  Lordships  how  the  cases  of  Mr 
Miller  and  Mr  Bigs  appeares  to  us.  And  to  prevent  the  like  disorders 
for  the  future  which  hath  been  in  great  measure  occasioned  by  factions 


328 


COLONIAL  RECORDS. 


and  animosityes  in  which  most  or  all  of  the  Inhabitants  have  been  en- 
gaged 

We  are  sending  Capt.  Wilkinson  thither  Govern1  to  whoome  we  shall 
give  Instructions  to  examine  into  the  past  disorders  and  who  being  a 
Strang1  and  not  concerned  in  the  factions  and  animosityes  we  have  reason 
to  hope  will  manage  things  with  moderation  and  doc  equal]  justice  to  all 
partyes  and  we  undertake  will  take  care  so  to  settle  all  things  that  his 
Majte"  Customes  shall  be  dnely  paid  to  whomsoever  shall  beappoynted  to 
collect  the  same. 

Notwithstanding  we  think  it  ourdutyeto  informe  vour  Lordships  that 
we  are  of  opinion  Mr  Miller  being  deeply  ingaged  in  the  Animosityes  of 
the  place  and  having  by  divers  unjustifvable  actions  as  we  are  informed 
(besides  Indictments  found  against  him)  renderd  himself  lyable  to  the 
sutes  of  perticular  persons  for  Injuryes  donne  them  from  which  he  can- 
not bv  Law  be  protected  That  a Strang1  will  doe  his  Majtye  better  service 
in  that  Imployment  than  Mr  Miller  and  more  conduce  to  the  continuation 
of  the  quyet  of  the  place  which  we  submit  to  yor  Lordp8  great  prudence 
and  rest 


Your  Ldps  most  humble  Servta 
SHAFTESBURY 


CRAVEN 
P COLLETON 


[B.  P.  K.  O.  Colonial  Entry  Bk.  No.  106.  r.  234.] 


AT  THE  COMMITTEE  OF  TRADE  & PLANTATIONS  IN 
THE  COUNCIL  CHAMBER  AT  WHITEHALL 
SATURDAY  THE  20th  OF  NOVr 
1680. 

Present 

Earl  of  Sunderland.  Mr  Hyde 

Earl  of  Clarendon.  Ld  Ch:  Just:  North 

Earl  of  Halifax.  Mr  Godolphin. 

The  Lords  Proprietors  of  Carolina  viz:  the  Earl  of  Shaftesbury,  Earl 
of  Craven  and  Sr  Peter  Colleton  attend  in  pursuance  of  directions  signi- 
fyed  to  them  by  order  of  the  Committee  dated  the  19th  of  July  last 
whereby  their  Lordships  and  the  Commissioners  of  the  Customs  were 
desired  to  meet  and  conferr  together  in  order  to  agree  on  some  proposal 


COLONIAL  RECORDS. 


329 


for  resetting  that  Government  and  the  peaceable  and  due  collection  of  his 
Majties  Customs  in  that  Province  and  to  make  Report  thereof  unto  the 
Committee  And  Thomas  Miller  Collector  of  the  Customs  there  having 
presented  divers  petitions  to  his  Maty  in  Council  concerning  Carolina  on 
the  14th  of  June  and  30th  of  July  which  had  been  thereupon  transmitted 
to  the  Lords  Proprietors  the  said  Petitions  are  now  read  Mr  Miller  being 
alsoe  present  After  which  the  proposals  made  by  the  Commissioners  of  the 
Customs  unto  the  Lords  Proprietors  containing  three  particulars  concern- 
ing the  Customs  and  His  Majties  Officers  are  alsoe  read  together  with  the 
Answer  of  the  Lords  Proprietors  upon  the  petitions  of  Thomas  Miller 
and  Timothy  Bigs. 

Divers  other  papers  presented  by  Mr  Miller  touching  the  late  disorders 
in  Carolina  and  the  hardshipps  hee  and  others  of  His  Majti8“  Officers  had 
suffered  there  are  alsoe  read  as  likewise  several  papers  delivered  by  the 
Lords  Proprietors  concerning  the  behaviour  of  Mr  Miller  in  Carolina. 

Upon  consideration  of  the  whole  matter  the  Lords  of  the  Committee 
think  fitt  that  the  Lords  Proprietors  and  the  Commissioners  of  the  Cus- 
toms doe  finally  agree  on  the  best  method  for  the  recovery  of  the  arrears 
of  customs  due  to  His  Majesty  and  the  collection  of  such  as  shall  bee 
payable  for  the  future  To  which  the  Lords  Proprietors  signify  their 
consent  and  doe  further  promise  according  to  what  is  proposed  by  the 
paper  presented  by  the  Commissioners  of  y*  Customs  to  procure  by  their 
authority  and  influence  in  Carolina  all  just  satisfaction  to  bee  made  unto 
Thomas  Miller  and  the  other  officers  of  His  MajtlM  Customs  for  the  losses 
they  have  injuriously  sustained  in  that  Country  And  also  to  use  their 
utmost  power  to  secure  them  from  vexatious  suits. 


[B.  P.  R.  O.  Colonial  Papers.] 

COMM"  [OF  THE  CUSTOMS]  PROPOSALL  FOR  RECOVERY 
OF  THE  ARREARS  IN  CAROLINA  15  APRIL  1680 

Head  the  20  Novr  1680. 

Proposalls  for  the  Recovery  of  the  Arreares  of  his  Maj“  Customes 
in  Albemarle  in  Carolina  and  for  the  Restitution  A Reperacon  of  the 
Estates  of  the  Collector  & his  Deputyes  Taken  away  and  Damnifyed  in 
the  late  Rebellion  and  for  the  future  setting  the  Collections. 

Imp"  For  the  recovery  of  the  Arreares. 

Q O 

Ob 


COLONIAL  RECORDS. 


3.30 


When  y®  Inhabitants  of  Albemarle  shall  be  reduced  to  the  due  obe- 
dience of  the  Lawes  by  such  Wayes  & means  as  ye  Lords  Proprietors 
shall  find  necessary  For  that  end  that  a Commission  shall  be  issued  forth 
by  their  Lop®  Authority  to  such  as  the  Comm"  of  the  Customes  shall 
nominate  to  enquire  upon  Oath  what  Tobacco  in  specie  Bonds  or  other 
Specialtyes  for  Tobacco  Monyes  &e.  woh  had  been  taken  for  the  Kings 
dues  bv  Tho.  Miller  Collect1,  or  his  Dcputves  and  was  taken  out  of  his 
or  their  hands  in  the  late  Rebellion  aforesd  to  whose  hands  the  same 
came  at  any  time  since  & in  whose  hands  they  now  are  or  any  part  thereof 
And  by  whome  the  same  were  at  first  Taken  away  or  to  whose  use  or 
uses  whether  Inhabitants  or  Foreighners  the  same  or  any  part  thereof 
hath  been  Converted  As  also  to  Enquire  what  dutyes  have  been  since 
Collected  and  by  whome  And  to  call  all  flsons  to  Acco‘  who  have  inter- 
medled  therewth  or  received  the  same  As  also  to  Enquire  what  has  been 
sent  to  other  plantations  to  escape  the  paym*  of  the  Duty  since  the  late 
Rebellion  and  by  whome  & to  whome  the  same  was  sold  and  by  whome 
y°  same  was  shipped  or  carried  away  by  >ca  To  the  End  the  Comm"  of 
the  Customes  may  be  fully  apprized  of  y®  whole  matter  what  is  reasona- 
ble & what  not  & w*  is  fitt  to  be  done  further  therein  Either  as  to  prse- 
eucon  or  Remission. 

2.  For  y®  Restitution  & Reparation  of  ye  Estates  of  y®  Collector  &c. 
That  Mr  Miller  & his  deputyes  be  restored  to  their  Employ  m"  and  Es- 
tates in  whatever  specie  whereever  to  be  found  wch  they  had  at  the  Time 
of  the  sd  Rebellion  from  them  And  be  fully  repaird  or  as  much  as  may 
be  for  any  damage  done  them  in  their  Estates  by  such  ^sons  to  whose 
hands  the  same  came  or  by  whome  they  were  Taken  away  or  Embezled 
And  to  this  End  also  That  another  Comission  be  issued  forth  to  Enquire 
thereof  And  that  if  it  be  thought  fitt  That  an  Act  of  Oblivion  y‘as  well 
the  aforesd  Dutyes  to  the  King  as  the  Estate  & damage  of  the  Collector 
& deputyes  aforesaid  be  Exempted  out  of  y®  same  And  y‘  by  v®  sd  Act  or 
some  other  prvision  may  be  made  for  y®  better  recovery  thereof  And  y*  it 
may  be  made  highly  penall  for  the  future  to  oppose  such  Collections  & 
Collectors 

3.  For  the  settling  his  Majte3  Customes  for  y®  future  That  y®  Lawes 
made  for  y®  same  be  duely  observed  and  put  in  Execution  And  vl  the 
Governr  & all  in  Authority  be  Enjoyn’d  to  give  all  Countenance  and  as- 
sistance thereunto 


COLONIAL  RECORDS. 


331 


All  wch  is  observed  by  ye  Com"  of  his  Majt3  Customes  to  ye  Lods  prpria- 
tors  of  Carolina. 

RICHARD  TEMPLE 
FR  MILLINGTON 
JOHN  UPTON 

Custome  House  London  15  Apr.  1680. 


[B.  P.  R.  O.  Coram  Reqe  Roll.  32  Charles  2.  Trinity.  Part  2.  Roll  214.] 

Midd  : 

Alias  scilicet  die  Lime  proxima  post  Crastinum  Ascencionis  Domini 
ultimo  preterit  coram  Domino  Rege  apud  AVestmonastcrium  per  Sacra- 
mentum  duodccim  Juratorum  proborum  et  legalium  hominnm  Comitatus 
predicti  Juratorum  et  oneratorum  ad  inquirendum  pro  dicto  Domino 
Rege  et  corpore  Comitatus  predicti  presentatum  cxistit  quod  quidam 
Johannes  Culpepper  nuper  dc  parochia  sancte  Margarette  Westmonaste- 
rium  in  Comitatu  Midd  : generosus  lit  falsus  Prod i tor  contra  Serenissimum 
Dominum  nostrum  Carolum  secundum  Dei  gracia  Anglic  Scocie  Francic 
et  Hibernie  Regem  fidei  defensorem  et  naturalein  Dominum  suuin  Deum 
pre  oculis  suis  non  habens  nec  debit  ligeancie  sue  ponderans  sed  motus 
etseductus  Diabolica  instigacione  Cordialem  dileecionem  et  veram  debitam 
et  naturalem  obedienciam  quas  veri  et  fideles  Subditi  dicti  domini  Regis 
erga  dictum  Dominum  Regem  gererent  et  de  Jure  gerere  tenentur  penitus 
subtrahens  et  machinans  et  totis  suis  viribus  intendens  Guerram  et 
Rebellionem  contra  dictum  Dominum  Regem  in  Carolina  adtunc  et  adhuc 
existententes  Dominium  domini  Regis  in  partibus  transmarinis  suscitare 
et  movere  et  Gubernaeionem  dicti  domini  Regis  ibidem  subvertere  Et 
dictum  Dominum  Regem  a regali  potestate  et  Regimine  suis  ibidem 
deponere  et  deprivare  tercio  die  Decembris  Anno  llegni  dicti  domini 
Regis  nunc  vicesimo  nono  Et  diuersis  aliis  diebus  et  vicibus  tain  antea 
quam  postea  apud  Carolinam  predictam  in  partibus  transmarinis  cum 
diversis  aliis  falsis  Proditoribus  Juratoribus  ignotis  eompassavit  imagi- 
natus  fuit  et  intendebat  Gubernaeionem  dicti  Eominii  dicti  domini  Regis 
de  Carolina  predicta  in  partibus  transmarinis  predietis  mutare  alterare  et 
penitus  subvertere  et  Guerram  et  Rebellionem  contra  dictum  Dominum 
Regem  ibidem  movere  et  levareet  dictum  Dominum  llegem  a regali  potes- 
tate et  Regimine  suis  ibidem  deponere  et  deprivare  Et  ad  easdem  nefandis- 
simas  Prodieiones  et  proditorum  imaginaciones  et  proposita  sua  pretlieta 


332 


COLONIAL  RECORDS. 


perimplend : et  perficiend : predictus  Johannes  Culpepper  et  alii  falsi  pro- 
di  tores  Juratorihus  predict  is  ignoti  dieto  terciodie  Decembris  Annovices- 
imo  nono supradicto  I^t  diversis  aliis  diebus  et  vicibus  postea  apud  Caroli- 
nam  predictarn  adtunc  existentes  Dominium  dieti  domini  Regis  in  partibus 
transmarinis  vi  et  armis  diabolice  malitiose  et  proditorie  seipsos  assem- 
blaverunt  et  cum  vi  armata  adtunc  et  ibidem  fecerunt  et  levaverunt  Guer- 
ram  Bellum  et  Rebellionem  contra  dictum  Dominum  Regem  Necnon 
adtunc  et  ibidem  usurpaverunt  contra  dictum  Dominum  Regem  Regalem 
Potestatem  et  regimen  dieti  dominii  dieti  domini  Regis  de  Carolina  pre- 
dicta Aceciam  adtunc  et  ibidem  absque  aliqua  l^gali  authoritate  crexerunt 
et  const ituerunt  diversas  Curias  in  forma  Justicie  Necnon  adtunc  et 
ibidem  furati  sunt  et  spoliaverunt  dictum  Dominum  Regem  et  diversos 
Subditos  ejusdem  domini  Regis  Juratorihus  predictis  ignotos  de  diversis 
Bonis  et  Catallis  suis  ibidem  ad  valenciam  decern  Mille  librarum  legalis 
monete  Anglic  contra  legiancie  sue  debit : Et  contra  pacem  dieti  domini 
Regis  Coronam  et  dignitatem  suas  Necnon  contra  formam  Statuti  in 
lnijusmodi  <*asu  edit : et  provis: — Per  quod  preceptum  fuit  vicecomiti 
Comitatus  predict!  quod  non  omittat  Ac  quin  Caperet  emu  si  Ac  ad 
respondendum  Ac — Et  modo  scilicet  die  Veneris  proxima  post  Crasti- 
num  sancte  Trinitatis  isto  eodem  Termino  coram  domino  Rege  apud 
Westmonasterium  venit  predictus  Johannes  Culpepper  sub  custodia  Wil- 
lielmi  Richardson  generosi  Custodis  Gaole  dieti  domini  Regis  de  New- 
gate virtute  Brevis  dieti  domini  Regis  de  habeas  Corpus  ad  subjiciendum 
ei  inde  directi  in  eujus  custodia  ex  causa  predict  a preantea  com  missus 
fuit  ad  Barram  hie  ductus  in  propria  persona  sua  qui  committitur  Mar- 
rescalcie  Ac  Et  statim  de  premissis  superius  ei  impositis  alloquutus  qua- 
1 iter  se  velit  inde  acquietari  (licit  quod  ipse  in  nullo  est  inde  Culpabilis 
Et  inde  de  bono  et  malo  ponit  se  super  Patriam  Jdeo  veniat  inde  Jurata 
coram  dicto  domino  Rege  apud  Westmonasterium  die  Veneris  proxima 
post  Octabas  sancte  Trinitatis  per  quos  Ac  et  qui  Ac  ad  reeogn  : Ac  quia  tarn 
Ac  Idem  dies  datus  est  preiato  Johanni  Culpepper  sub  custodia  prefati  Cus- 
todis Gaole  dieti  domini  Regis  de  Newgate  predicta  interim  commiss:  salvo 
custodiend  : quousque  Ac  Ad  quern  diem  coram  domino  Rege  apud  West- 
monasterium venit  predictus  Johannes  Culpepper  sub  Custodia  predieti 
Willielmi  Richardson  Custodis  gaole  predicte  in  propria  persona  sua  Et 
Juratores.  Jurate  predicte  per  vicecomitem  Comitatus  Midd:  predieti  ad  hoc 
impanellati  examinati  similiter  veniunt  qui  ad  veritatemde  premissis  dicen- 
dum  electi  triati  et  jurat i dicunt  super  sacramentum  suum  quod  predictus 
Johannes  Culpepper  non  est  Culpabilis  de  alta  prodicione  predicta  in 
Iudictamento  predicto  specificata  prout  idem  Johannes  superius  placi- 


COLONIAL  RECORDS. 


333 


tando  allegavit  nee  ea  occasione  unquam  se  retraxit  Ideo  Consideratum 
est  quod  predietus  Johannes  Culpepper  eat  inde  sine  &c. 

Quietus  sine  die  &c. 


1681. 

[B.  P.  R O.  Col:  Ent:  Book.  No.  20.  p.  156.] 

INSTRUCTIONS  TO  CAPTAIN  HENRY  WILKINSON  GOV- 
ERNOR OF  THAT  PART  OF  THE  PROVINCE  OF 
CAROLINA  THAT  LYES  5.  MILES  SOUTH 
OF  THE  RIVER  OF  PEMPLICO  AND 
FROM  THENCE  TO  VIRGINIA. 

1.  We  haveing  agreed  upon  a Modell  of  Government  which  you  will 
find  signed  and  sealed  by  us  amongst  the  records  of  our  County  of  Albe- 
marle to  be  the  fundamentall  Constitutions  and  forme  of  Government  of 
our  Province  of  Carolina  for  ever  And  not  being  able  att  present  to  putt 
it  fully  in  practice  by  reason  of  want  of  Landgraves  and  Cassiques  and  a 
sufficient  number  of  People  However  intending  to  come  as  nigh  it  as  we 
can  in  the  present  state  of  affaires  in  all  the  Collonves  of  our  said  Pro- 
vince. 

2.  You  are  required  as  soon  as  conveniently  you  can  after  the  receipt 
of  these  our  Instructions  in  our  names  to  issue  out  writts,  to  the  foure 
Precincts  of  the  County  of  Albemarle  requiring  each  of  them  to  elect  five 
freeholders  who  are  to  be  their  Representatives  : To  whome  the  five  per- 
sons chosen  by  us  being  added,  and  who  for  the  present  represent  the 
Nobillity  are  to  be  your  Assembly.  They  having  chosen  a Speaker,  you 
are  in  our  names  to  require  them  to  elect  five  persons  who  being  joy  nod 
to  those  five  deputed  by  us,  are  to  be  the  Councell  by  whose  advice  and 
consent  or  at  least  the  major  parte  of  six  of  them  all  being  summoned  you 
are  to  Govern  according  to  the  Limitations  and  Instructions  following 
Observing  what  can  att  present  be  put  in  practice  of  our  fundamentall 
Constitutions  and  forme  of  Government  Which  Councell  for  the  present 
shall  be  in  stead  of  the  Grand  Councell  mentioned  in  our  fundamentall 
Constitutions  And  to  exercise  the  same  Powers  and  jurisdictions  the  said 
Grand  Councell  is  to  doe  bv  our  said  fundamentall  Constitutions  and 
forme  of  Government  and  so  to  be  and  continue  untill  we  shall  otherwise 
direct. 


COLON r A L RECORDS. 


4 


3.  You  are  to  cause  all  persons  so  chosen  to  sweare  Allegiance  to  our 
Soveraigne  Lord  the  King  and  subscribe  to  heart*  Fidelity  and  submis- 
sion to  the  Proprietors  and  forme  of  Government  by  them  established. 
But  in  case  any  man  for  Religion  sake  be  not  free  to  sweare  then  shall  he 
subscribe  the  same  in  a book  for  that  case  provided  which  shall  be 
deemed  the  same  with  swearing. 

4.  Yourself  and  the  five  deputys  of  the  respective  Proprietors  are  to 
represent  the  Pallatines  Court  and  exercise  the  same  jurisdictions  and 
powers  that  by  our  Fundamental!  Constitutions  and  forme  of  Govern- 
ment to  that  Court  doth  apertaine. 

5.  You  are  by  and  with  the  consent  of  the  Councill  to  establish  such 
Courts  and  soe  many  as  you  shall  for  the  present  think  fitt  for  the  admin- 
istration of  Justice  till  our  Grand  Modell  of  Government  can  come  to  he 
putt  in  execution. 

6.  You  are  by  and  with  the  consent  of  the  Assembly  to  make  such 
Lawes as  you  shall  fromtymetotyme  finde  necessary  which  Laws  being  rati- 
fied by  you  and  any  three  of  our  Deputys  shall  be  in  forme  as  is  in  that 
case  provided  in  the  12th  and  other  Articles  of  our  Fundamental  Consti- 
tutions and  forme  of  Government  which  Lawes  soe  made  you  are  with 
all  convenient  speed  to  transmitt  unto  us  for  our  approbation. 

7.  You  are  as  soone  as  conveniently  vou  can  to  gett  the  Surveyor  Gen- 
erali to  divide  the  County  into  squares  of  twelve  thousand  acres  By  which 
we  intend  not  to  alter  any  man’s  right;  but  that  those  measures  and  rules 
we  have  agreed  on  in  our  Fundamentall  Constitutions  and  forme  of  Gov- 
ernment may  the  sooner  and  easier  come  to  be  putt  in  practice  amongst 
you. 

8.  You  are  to  take  notice  that  we  doe  grant  unto  all  free  persons  that 
doe  come  to  plant  in  Carolina  before  the  25th  day  of  December  1684  and 
are  above  the  age  of  sixteene  yeares  sixty  acres  of  land  and  to  the  said 
free  persons  for  every  able  man  servant  with  a good  firelock  10  pound  of 
powder  and  20lbs  of  Bullets  60.  acres  of  land  And  for  every  other  sort  of 
servant  50.  acres  to  his  or  her  proper  use  and  behoofe  and  to  their  heirs 
&c.  for  ever. 

9.  Any  person  haveing  transported  himselfe  or  servants  into  the  County 
to  plant  shall  make  the  same  appeare  to  yourselfe  and  Councell  who  shall 
thereupon  issue  out  a warrant  to  the  Surveyor  Generali  to  lay  him  out  a 
parcell  of  land  according  to  the  proportions  mentioned  in  these  our  in- 
structions, and  the  Surveyor  haveing  done  the  same,  and  the  warrant  with 
the  Surveyor  Generalls  returne  thereon  being  recorded  and  the  person  to 
whome  the  Land  is  granted  haveing  sworn  or  subscribed  allegeanee  to 


COLONIAL  RECORDS. 


335 


our  Soveraigne  Lord  the  King  submission  and  fidellity  to  the  Lords 
Proprietors  and  their  fundamentall  Constitutions  and  forme  of  Govern- 
ment you  are  under  the  seale  for  that  use  provided  to  pass  this  following 
Grant 

William  Earle  of  Craven  his  Majesty’s  Lord  Lieutenant  of  the  County 
of  Middlesex  and  Burrough  of  Southwarke  Pallatine  and  the  rest  of  the 
true  and  absolute  Lords  and  Proprietors  of  the  Province  of  Carolina. 

To  all  to  whom  these  presents  shall  come  greeting  in  our  Lord  God 
Everlasting  Know  yee  that  wee  the  said  Lords  Proprietors  according  to 
our  Instructions  dated  att  Why tehall  the  day  of  Feb7  16  Remaining 
upon  record  in  the  County  of  Albemarle  in  the  Province  aforesaid  doe 
hereby  grant  unto  A.  B.  of  the  said  County  planter  a Plantation  of 
Akers  of  land  English  measure,  lyeing  and  being  in  the  Precinct  of  A. 
in  the  County  aforesaid  bounded  the  land  being  due  to  the  said  A. 

B.  by  and  for  the  transportation  in  the  County  of  persons  whose 

names  are  upon  Record  under  this  Patient  To  have  and  to  hold  the  said 
Plantation  unto  the  said  A.  B.  his  heirs  and  assignes  forever  with  Priv- 
iledges  of  Hawking,  hunting  Fishing  Fowling  with  all  woods  and  trees 
with  what  else  is  there  growing  standing  and  being  except  all  iuvnes 
mineralls  all  quarrys  of  Jemms  or  precious  stones  Yealding  or  paying 
therefore  unto  us  our  Heirs  and  successors  yearly  every  29th  day  of  Sep- 
tember according  to  the  English  aceompt  one  Penny  of  lawful!  English 
money  for  every  of  the  said  acres  to  be  holden  of  us  in  free  Soccage.  the 
first  payment  of  the  Rent  to  begin  the  29th  of  September  which  shall  he 
in  the  yeare  of  our  Lord  1684  Provided  always  that  if  the  said  Land  be 
not  settled  within  one  year  after  the  date  hereof  then  this  I’attent  to  be 
voyd  else  to  stand  in  full  force. 

Given  att  under  the  Seale  of  the  County  of  Albemarle  this 

day  of  A.  D.  being  the  year  of  our  Possession  of  our  Prov- 
ince of  Carolina.  Witness  Henry  Wilkinson  Esq”  Governor  and  Com- 
mander in  Cheife  of  our  said  County  and  our  trusty  and  welbeloved  our 
Couneellors  who  have  hereunto  sett  our  hands  the  day  and  year  above 
written. 

Although  by  our  Fundamentall  Constitutions  we  have  reserved  to  our- 
selves one  Penny  per  acre  rent  of  all  lands  in  Carolina  yett  forasmuch 
as  there  are  divers  persons  in  the  County  of  Albemarle  who  were  possest 
of  land  there  by  virtue  of  grants  from  Sir  William  Berkely  att  one  farth- 
ing per  acre  quitt  rent  And  others  were  possest  and  had  rights  to  land 
whilst  bv  our  Instructions  to  the  Governor  of  Albemarle  we  reserved  to 
ourselves  but  one  halfe  penny  per  acre  quitt  rent  we  think  itt  just  that 


COLONIAL  RECORDS. 


336 


those  persons  should  injoy  their  lands  under  the  same  quilt  rents  they 
were  granted  to  them  when  bv  virtue  of  our  Instructions  Lands  were 
due  to  them  for  haveing  come  into  the  said  County  or  brought  or  sent 
servants  to  plant  there.  Wherefore  you  are  in  our  names  and  according 
to  the  forme  in  these  Instructions  prescribed  to  pass  our  Grants  to  all 
persons  att  one  farthing  per  acre  quitt  rent  who  shall  desire  such  Grants, 
and  shall  make  it  appeare  to  yourselfe  and  our  deputys  that  they  had 
Grants  from  Sir  William  Berkeley  under  that  quitt  rent  before  the  25th 
day  of  I)ecr  Anno  1663  and  not  fortifved  the  same  by  virtue  of  the  act 
of  Parliament  by  us  past  and  confirmed  the  20th  day  of  January  1669. 
intituled  an  Act  for  the  better  and  speedier  seating  of  land,  and  you  are 
to  pass  the  like  Grants  att  one  halfe  penny  per  acre  quitt  rents  to  all  per- 
sons who  shall  desire  the  same  and  had  rights  to  land  before  the  publish- 
ing Instructions  by  us  sent  to  Mr  Harvey  and  bearing  date  the  5 Feb* 
1678  and  have  not  forfeited  the  same  by  virtue  of  the  aforesaid  Acts, 
but  you  are  not  in  the  Grants  of  one  farthing  per  acre  to  allow  the  same 
time  for  the  beginning  of  payment  of  quitt  rents  that  is  allowed  to  those 
who  are  to  pay  one  penny  per  acre  quitt  rent,  for  we  expect  those  who  are 
to  pay  one  farthing  per  acre  and  those  who  are  to  pay  one  halfe  per  acre 
quitt  rents,  there  rents  shall  be  paid  from  the  tvme  they  ought  to  have 
been  paid  by  virtue  of  our  Instructions  and  those  who  have  Pattents  for 
Sir  W“  Berkeley  before  the  year  of  our  Lord  1663,  we  expect  should 
pay  the  said  quitt  rents  from  the  tyme  they  were  to  have  paid  them  by 
the  said  Pattents. 

You  are  to  choose  some  fitting  place  in  a Collony  whereon  to  build  the 
eheefe  Towne  of  Albemarle  in  the  choyce  of  which  you  have  regard  to 
health  plenty  and  easy  access  You  are  to  endeavour  to  gett  the  Parlia- 
ment to  rayse  wherewithall  to  build  a house  for  the  meeting  of  the  Coun- 
cell and  Parliament  in  said  Towne  and  when  the  said  house  is  erected  the 
Council  and  Parliament  are  allways  to  sitt  there  and  allso  the  Surveyors 
Registers  and  Secretarys  offices  are  there  to  be  kept  and  in  no  other  place 
and  also  the  Court  of  Common  Pleas  and  Sessions  of  the  Peace  And  you 
are  to  gett  the  Parliament  to  pass  an  act  that  noe  Store  shall  be  kept 
strong  Drink  or  any  Goods  sould  by  retayle  but  in  the  said  Towne  and 
you  are  to  cause  all  vessells  that  shall  come  into  Albemarle  River  there 
to  loade  and  unloade  as  by  our  Fundamentall  Constitutions  is  required. 

You  the  Governor  of  our  said  County  are  to  be  Commander  in  Cheife 
of  all  our  forces  raised  or  to  be  raised  in  our  said  County  of  Albemarle 
over  whoine  you  are  to  place  Officers  and  cause  them  to  be  duely  exer- 
cised in  Armes  and  to  doe  all  other  thing  and  things  that  to  a Comman- 


COLONIAL  RECORDS. 


337 


der  in  Cheefe  doth  belong  And  you  are  to  summon  the  Councell  to  meete 
as  often  as  you  shall  see  cause  and  are  to  doe  and  execute  all  those  pow- 
ers and  authoritys  which  bv  virtue  of  our  Fundamentall  Constitutions 
Temporary  Lawes  and  Instructions  a Governor  ought  to  doe. 

You  are  allsoe  by  and  with  the  consent  of  the  major  part  of  our  Dep- 
utys  to  adjourne  prorogue  and  dissolve  the  Parliament  as  to  you  shall 
seem  most  convenient  for  the  good  and  quyet  of  the  County. 

Whereas  complaint  hath  been  made  to  us  that  divers  persons  have  by 
force  and  violence  been  dispossessed  of  their  Goods  and  Estates  dureing  the 
tyme  of  the  late  disorder  in  the  County  of  Albemarle  and  that  it  cannot 
lie  reasonably  expected  that  men  who  have  been  any  way  concerned  of 
the  one  syde  or  the  other  in  the  said  Disorders  will  be  soe  impartial]  as 
those  that  had  not  att  all  any  hand  in  them.  You  are  therefore  as  soon 
as  conveniently  you  can  after  your  Arrival]  in  the  said  County  with  the 
consent  of  the  major  part  of  the  Councill  to  choose  4.  able  judicious  men 
and  who  have  not  been  partyes,  or  any  way  concerned  in  the  late  disorders 
who  together  with  yourselfe  or  any  3.  of  you  yourself  being  one  arc  to 
be  a Court  to  heare  and  determine  according  to  law  all  suites  complaints 
or  actions  that  shall  be  brought  by  any  person  for  having  without  due 
course  of  law  and  violence,  been  during  the  tyme  of  the  said  disorders 
dispossessed  of  his  Goods  or  Estate  and  to  grant  Execution  provided  the 
said  sutc  complaint  or  action  be  brought  by  persons  residing  within  the 
said  County  within  the  space  of  0.  months  after  the  first  sitting  of  the 
said  Court,  and  within  the  space  of  2.  years  by  such  as  arc  not  resident 
within  the  said  County;  those  entred  or  brought  after  the  said  tyme  arc 
to  be  tryed  as  other  common  Actions. 

If  you  our  said  Governor  shall  depart  out  of  the  Province  of  Caro- 
lina, you  are  before  your  departure  to  appoynt  with  the  consent  of  the 
major  parte  of  the  Councill  a deputy  Governor  who  shall  execute  the 
Powers  and  Authoritys  by  us  to  you  given  untill  you  returne  into  your 
Government  or  that  we  shall  authorize  direct  or  commissionate  another 
but  if  you  our  said  Governor  happen  to  dye  then  the  Councill  for  the 
tyme  being  shall  be  forthwith  summoned  to  meete  by  the  eldest  in  yeares 
of  our  Deputes;  or  in  case  lie  fade  to  doe  it  by  the  next:  who  being 
mett  shall  choose  a person  to  be  Governor  who  being  soe  chosen  shall  be 
Governor  to  all  Intents  and  purposes  as  if  commissionated  by  ourselves 
and  execute  the  powers  and  authoritys  to  you  given  by  our  Commission 
and  Instructions  and  soe  continue  untill  our  pleasure  shall  be  signified 
to  the  contrary  by  granting  a Commission  to  some  other.  You  are  to 
take  notice  that  it  not  appeareing  to  us  that  Sir  William  Berkeley  did  dure- 
39 


COLONIAL  RECORDS. 


338 


ing  his  life  tv  me  convey  his  proprietorship  to  anv  person  lor  want  of 
which  it  is  devolved,  nor  not  haveing  paid  a penny  towards  the  settle- 
ment of  our  Province,  we  doe  not  think  fitt  to  admitt  the  Heirs  or  Ex- 
ecutors of  the  said  Sir  William  to  have  anything  to  doe  in  Carolina  as 
proprietors  until  1 they  shall  have  made  itt  appeare  that  they  have  right 
soetodoe;  wherefore  you  are  not  to  admit  of  any  Deputy  from  the 
Heirs  or  Executors  of  the  said  Sir  William  nor  allow  unto  them  any 
other  thing  as  proprietors  untill  you  have  directions  from  us  sod  to  doe. 

You  are  likewise  to  take  particular  care  that  the  bounds  betwixt  Vir- 
ginia and  Carolina  be  adjusted  according  to  the  Limits  granted  us  in  our 
Pattent.  CRAVEN. 

SHAFTSBURY. 

P.  COLLETON. 

Postscript. 

Since  the  Lords  sate  their  hands  to  this  they  have  ordered  me  to  incert 
these  following  particulars  vizt: 

That  you  be  sure  as  soon  as  you  can  to  send  home  the  mapp  of  the 
County  mended  by  your  owne  or  frds : experience. 

That  the  Damadges  of  the  King’s  Officers  may  by  you  be  enquired 
into  that  there  may  be  a sumary  way  of  giveing  them  satisfaction. 

SAM.  WILSON,  secretary 
by  order  of  the  Lords  Proprietors. 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  174.] 

WHYTEHALL  JULY  13.  81. 

We  being'  informed  that  there  are  many  Whales  upon  the  Coast  of 
Carolina,  which  fish  being  by  our  Fundamentall  Constitutions  reserved 
for  us:  we  have  notwithstanding  (for  the  incouragement  of  Carolina) 
thought  fitt  to  give  to  all  persons  whatsoever  that  are  Inhabitants  of  our 
Province  free  lease  for  the  space  of  seaven  yeares  to  commence  from 
Michaelmas  next  to  take  what  whales  they  can  and  convert  them  to  their 
owne  use  and  this  our  concession  you  are  to  make  publiek  that  any  that 
will  may  take  the  benefitt  of  itt  we  rest. 

Your  assured  friend 

CRAVEN  pr 

ALBEMARLE  SHAFTSBURY 
P.  COLLETON  ARCHDALE 
BATH  for  my  LORD  CARTERET 
To  the  Governor  and  Councill  at  the  north  part  of  our  Province  of 
Carolina. 


COLONIAL  RECORDS. 


339 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  175.] 


WHITEHALL  THIS  OF  SEPTEMBER  1681. 

Whereas  Seth  Sothell  Esq”  hath  bought  the  Earl  of  Clarendon’s 
share  of  Carolina  and  is  thereby  become  one  of  the  true  and  absolute 
Lords  and  Proprietors  of  the  Province  of  Carolina  and  whereas  by  vir- 
tue of  our  Fundamental!  Constitutions  it  is  provided  that  the  eldest  pro- 
prietor that  shall  be  in  Carolina  shall  be  Governor  you  are  to  obey  him 
as  such  if  there  be  no  elder  proprietor  there  then  himself 

we  rest 

Your  loving  friends 

CRAVEN  pr 
SHAFTSBURY 
P.  COLLETON. 


[B.  P.  R.  O.  America  & W.  Ind:  No.  637.] 


THE  PETITION  OF  PROPRIETORS  OF  CAROLINA. 

London  Xkr  20th  1681 

To  the  R‘  honw°  the  Lords  Comitte  for  Plantations. 

The  Proprietors  of  Carolina  Humbly  offer 

That  whereas  they  have  scene  by  yor  Lordshipps  ordr  an  Extract  out 
of  the  ordr  of  the  Assemblyes  of  Virginia  of  (lie  3d  of  July  1681  for  ve 
Levying  the  Rents  upon  the  Inhabitants  of  Blackwater  & Corotuck, 

V Inch  affaire  is  easilly  decided  if  your  Lordshipps  please  to  take  a view 
of  their  Patent  which  they  herewith  prsent  unto  you,  And  wherein  vor 
Lordshipps  will  find,  that  the  Boundaryes  between  Virginia  & Carolina 
are  exactly  set  down;  (viz*)  extending  North  and  Eastward  as  farr  as  the 
North  ('lid  of  Corotuck  River  or  Inlett,  upon  a streight  Westerly  line  to 

V yanoak  Creeke,  wch  Ives  within  or  about  the  degrees  of  thirty  Six  and 
thirty  Minutes  Northern  Lattitude,  and  soe  West  in  a direct  line  as  farr 
as  the  South  Seas.  Soe  that  there  can  be  noe  further  dispute  in  the  af- 
faire it  your  Lordshipps  shall  please  to  send  yor  order  to  the  Govenn*  of 
Virginia,  takeing  notice  that  your  Lordshipps  have  scene  those  Bounda- 
ryes granted  to  us  under  the  Broad  Seale,  And  requireing  that  they  send 
Comission”  upon  any  certaiue  day  your  Lordshipps  shall  appoint  in  July 


340 


COLONIAL  RECORDS. 


or  August  next,  to  meet  at  Currah-tuck  with  such  Comission”  as  we  shall 
appointe  in  obedience  to  your  Lordshipps  order;  And  that  they  set  out 
and  Adjust  the  Boundaryes  betweene  the  two  Collonyes  of  Virginia  A 
Carolina  as  farr  as  Wyanoak  Creeke  which  we  humbly  conceive  is  so 
faire  a method  that  noe  exceptions  can  be  made  against  it  by  the  Goverm* 
of  Virginias 


1682. 

[B.  P.  R.  O.  Colonial  Entry  Bk.  Vol.  93.  f.  169.] 


THE  KING  TO  THE  PROPRIETORS  OF  CAROLINA  10 

DECEMBER  1682 

Right  Trusty  & Right  Entirely  Welbeloved  Cousin  and  Counsellor, 
Right  Trusty  & Right  W elbeloved  Cousins  & Counsellors  Right  Trusty 
and  Welbeloved  and  Trusty  & Welbeloved,  We  greet  you  well  Whereas 
we  are  given  to  understand  that  our  Right  Trusty  & W elbeloved  Cousin 
Maurice  Viscount  Fitzharding  is  heir  at  law  to  Sir  Win.  Berkeley  Knt. 
deceased  who  by  our  letters  patents  under  the  great  scale  of  England 
bearing  date  the  30th  day  of  June  in  the  17th  year  of  our  Reigne  was 
constituted  one  of  the  Proprietors  of  our  Province  of  Carolina  in 
America  To  hold  and  enjoy  to  him  and  his  heirs  for  ever  all  benefits 
estate  interest  power  A privileges  equally  with  any  other  to  whom  the  said 
Province  was  granted  as  aforesaid  And  whereas  we  are  also  humbly  in- 
formed that  altho  divers  of  you  hold  by  descent  or  assignment  of  the 
original  Lords  & Proprietors  since  deceased  yet  some  question  hath  arisen 
amongst  some  of  you  whether  by  survivorship  or  some  other  way  the 
title  and  interest  of  the  said  Sir  Wm.  Berkeley  and  his  heirs  be  not 
legally  lost  & extinguished  or  accrued  unto  you  the  surviving  and  pres- 
ent Lords  & Proprietors  of  the  said  Province  We  have  thought  fit  at  the 
humble  request  of  the  said  Maurice  Vise1  Fitzharding  and  as  a mark  of  our 
particular  favor  towards  him  hereby  to  declare  & signify  that  our  intent 
& meaning  in  & by  our  said  letters  patents  was  and  is  that  he  the  said 
Sir  W in.  Berkeley  should  hold  & enjoy  to  him  his  heirs  &r  assigns  all 
the  estate  interest  share  & advantages  by  us  granted  to  him  in  our  said 
letters  patents  without  being  subject  to  such  lapse  or  avoydance  as  is  now 
suggested  as  aforesaid  And  we  doe  therefore  hereby  most  effectually 


COLONIAL  RECORDS. 


341 


recommend  him  the  said  Maurice  Vise*  Fitzharding  unto  you  for  & in 
order  to  his  having  & enjoying  the  Proprietorship  Signiories  powers  in- 
terest and  share  or  part  of  the  said  Sir  Wm,  Berkeley  in  ye  said  Province 
& your  investing  & estating  him  the  said  Maurice  Visct  Fitzharding  his 
heirs  & assigns  in  & to  the  same  To  hold  to  him  his  heirs  & assigns  as 
fully  & as  amply  to  all  intents  & purposes  as  he  the  sd  Sir  Wm.  Berke- 
ley did  or  might  at  any  time  during  his  life  have  held  & enjoyed  or  chal- 
lenged to  have  held  & enjoyed  the  same  or  as  any  other  of  the  Lords  & 
Proprietors  or  their  heirs  or  assigns  doe  or  may  hold  or  challenge  to  hold 
& enjoy  their  or  your  respective  Proprietorships  in  the  said  Province  by 
vertue  of  our  letters  patents  before  mentd  or  of  any  Agreement  Articles 
Laws  or  Constitutions  made  by  them  or  you  or  any  of  you  touching  & 
concerning  the  descent  partition  or  succession  of  their  or  your  respective 
Proprietorships  or  otherwise  howsoever  the  said  pretended  lapse  or  anv 
other  matter  cause  or  thing  whatsoever  to  the  contrary  thereof  in  anywise 
notwithstanding  And  we  not  doubting  of  your  ready  compliance  herein 
We  bid  you  farewell 


Given  &c.  Whitehall  December  10th  1682  By  hisMatya  comand 


AT  THE  COMMITTEE  OF  TRADE  & PLANTATIONS  IN 
THE  COUNCIL  CHAMBER  AT  WHITEHALL 
THURSDAY  25  OF  JANUARY 


To  Our  Ac.  the  Proprietors  of 
our  Province  of  Carolina 
in  America — 


COVENTRY 


1683. 


[B.  P.  R.  0.  Colonial  Entry  Bk.  No.  107.  r.  113.] 


1 682-3 


resent 


Lord  Keeper 


Earl  of  Conway 
E.  of  Rochester 


Lord  Pres  id1 
E.  of  Sunderland 
E.  of  Clarendon 
E.  of  Craven 


Ld.  Vise.  Falconberg 
Ld.  Bp.  of  London 
Lord  Dartmouth 


342 


COLON  I A L RECORDS. 


* * * * 

Sr  Peter  Colleton  one  of  the  Proprietors  of  the  Bahamas  Islands  being 
called  in  and  asked  concerning  the  clause  in  that  Patent  empowering 
them  to  make  warr  hee  takes  notice  that  the  same  is  common  to  all 
Patents  granted  to  Proprietors  and  declaring  that  they  doe  not  under- 
stand it  otherwise  than  to  make  war  with  y*  Indians  and  that  they  have 
already  given  order  for  taking  Capt  Clerk  into  custody  and  removing 
him  from  the  governm*  their  Lop*  think  fit  to  supersede  their  former 
order  for  bringing  a scire  facias  against  their  Patents  and  that  directions 
be  sent  to  all  other  Proprietors  in  the  West  Indies  that  they  do  not  make 
any  other  use  of  that  clause. 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bdle  48.  No.  101.] 

LoNi)0n  Mrch  7.  1682-3 

May  it  please  yor  Lp 

Though  my  soe  late  comeing  to  towne  does  not  permit  me  to  give  yor 
Lp  such  an  aceu  of  things  as  I intend,  yet  I could  not  discharge  myself 
my  obligation  and  duty  to  yor  Ldp  without  troubling  att  this 

tyme. 

1 think  myself  evr  bound  by  those  fav”  your  Ldp  hath  already  showne 
me  to  study  to  serve  your  Inter.  weh  it  lyes  in  yor  Ldp  power  to  make  mee 
capable  of  and  which  I shall  ever  discharge  with  all  fklellity  imadgina- 
ble 

I am  prepareing  a copy  for  mv  Ld  Ashley  as  likewise  one  of  the  Con- 
stitutions and  Description  of  yr  Country,  woh  with  other  papers  shall 
trouble  yor  Ldp  on  Monday  next 

I beg  yor  Ldp  to  informe  yor  self  concerning  the  Propprsp  of  Carol4  for 
that  sence  my  comeing  hither  I hath  rnett  with  a Gentleman  who  would 
be  glad  to  buy  it  and  I can  help  yor  Ldp  to  500.  more  than  any  was  ever 
yet  sold  for,  if  yor  Ldp  and  Ld  Ashley  think  of  disposeing  if  not  if  vor 
Ldps  heaps  yor  fav”  upon  me  I shall  be  but  the  more  capable  of  serving 
you. 

Yor  Ldp  hath  it  in  yo1'  power  as  Guardian  to  (and  wth  my  Ld  Ashley’s 
consent)  make  whoome  you  please  a Landgrave  and  another  Casique  each 
Proprietor  haveing  it  in  his  power  to  make  two  Caciques  and  one  Land- 
grave Capt  Wilkinson  was  nominated  a Cacique  by  my  Ld  soe  that  yor 
Ldp  may  make  another  and  a Landgrave  my  Ld  vor  Ldp8  father  did  in- 
tend to  have  made  Mr  Percivall  a Landgrave  (as  your  Ldp  will  perceive 


COLONIAL  RECORDS. 


343 


by  (he  Copy  of  the  Pattent  the  Original])  I shall  send  till 

he  his  fraudulent  and  base  dealings  with  him  My  Ld  if 

your  Ldp  doth  not  nominate  somebody  a Landgrave  presently  the  Pro- 
pers  wil  soone  make  it  their  joynt  request  to  make  one  whoome  they  shall 
nominate  as  they  dayly  doe  to  one  another.  Soe  that  hereby  a person 
whoome  yor  Ldp  confers  it  on  shall  think  himselfe  more  beholding  to  the 
others  for  Intercession;  than  to  yor  Ldp  for  Donation  whereas  if  yor  Ldp 
thinks  me  a fitt  subject  for  your  favr  who  are  goeing  thither  (which  an- 
other viz  Mr  Locke  and  many  more  never  wil)  I may  be  capable  of  serv- 
ing yor  Ldps  by  disposing  yr  land  viz  12000  acres  to  the  best  advantage 
or  else  send  you  a Map  of  it  and  take  care  that  none  other  meddles 
with  it. 

I have  likewise  something  else  in  my  thoughts  wherein  I am  so  vaine 
as  to  think  I may  be  servicable  to  yor  Ldp  in  those  parts  I shall  improve 
my  experience  to  yor  Ldps  Interest  and  in  the  meane  tyme  rem® 

May  It  please  yor  Ld1' 

Yor  Ldp*  most  humble  servant 
SAM  WILSON 

My  most  humble  duty 
to  my  Ld  Ashley 


[B.  P.  R.  O.  B.  T.  Va.  58.] 


ORDER  OF  COUNCIL  FOR  COLLECTING  PUBLICK 
DUES  OF  Y®  INHABITANTS  OF  CARROTUCK 

At  a Council  Held  at  Green  Spring  May  22nd  1683 
Present 

His  Excellence  Thomas  Lord  Culpeper  Governor  Collonel  Anthony 
Lawson  the  present  Sherif  of  Lower  Norfolk  and  all  succeeding  Sherifs 
are  hereby  Ordered  and  Required  pursuant  to  an  order  of  Assembly 
made  in  1680  and  directions  therein  given  to  Captain  Adam  Keeling- 
then  Sherif  thereof  to  demand  ask  Levy  require  and  receive  Quittrents 
Levys  fees  and  all  other  publick  dues  from  the  Inhabitants  of  Currituck 
and  all  others  there  adjoining  that  Claime  and  hold  their  Lands  by  vir- 
tue of  patents  issued  from  the  secretary’s  Office  of  this  Government  and 
in  case  of  their  or  any  of  their  refusals  or  failures  thereof  that  then  he 
& they  Levy  the  same  by  distress  as  in  y*  like  cases  on  any  other  his 
Matys  Subjects  of  this  Colony 


COLONIAL  RECORDS. 


3 1 1 


[B.  P.  R.  O.  Shaftesbury  Papers.  Bulk  48.  No.  102.] 


THE  IT  IIONcBLE  THE  LI >S  PROP*8  OE  CAROLINA  ARE 
D"  TO  SAMUELL  WILSON  POP  ALLY  THEIR  SEC" 

For  y®  Descriptions  of  Carol1*  viz.  400  To  .In"  Archdale  Esq” 


100  to  Sr  Peter  Colleton  & 100  distributed  ^ ord”  at  4*1  £10 

For  a Plate  of  y®  Map  of  Carolina  cfc  printing  2000  ' £ 2 3 

To  coaehhyre  thrice  to  v*  Conncill  Chain!/  to  satisfye  y*  Co-  f 

mitte  y®  bounds  of  Carol11  in  ordr  to  adjustm1  | £ 9 

To  Pd  Mr  Abde  Postage  of  Lettr  £ 3 6 

To  Pd  Mr  Gascoyne  for  the  Map  of  Carolina  £ 11 

To  pd  Porters  5.  tymes  carrying  noates  to  meet  att  Sr  Peter  Col- 
leton £ 5 

To  coaehhyre  to  ye  Att:  Gen11  wth  y®  Patt*  twice  £ 5 

To  Portage  wateridg  coaehhyre  in  getting  yor  Lp8  subscriptions  £ 3 16 

To  Translating  v®  const itucons  into  French  a Guiney  £ 1 16 

To  Lace  skins  &c  & for  y®  Const”8  sent  to  Carolina  Jan  10th  82  £ 2 10  1 
To  Pd  Mr  Clark  engrossing  16  sheets  of  y®  Const”8  requiring 

dispatch  £ 2 8 

To  Ruleing.  wax  & brass  boxes  £ 8 3 

To  mending  y®  broad  & hand  seale  of  Carolina  £ 1 3 

To  Pd  for  a Copy  of  Pens  Indentures  £ 10 

To  Pd  for  Paper  Pens  and  I nk  from  first  to  last  £ 3 14  2 

To  Pd  Mr  Clark  writing  y®  Const”  being  y®  last  tyme  of 

amend  m‘  £ 3 

To  dto  pd  him  drawing  out  v®  article  relating  to  y®  Scotch  £ 10 

To  pd  Mr  Wightman  Publ:  not®  drawing  out  a copy  & attest- 
ing it  £ 8 

To  pd  for  setting  down  advertisements  6 tymes  £ 6 

To  pd  for  writing  one  of  y®  Const,  sent  ^ Kennyday  £ 15 

To  pd  for  inserting  in  y®  Intelligence  a copy  of  Sr  Peters  Lett  £ 1 

To  my  wages  from  y®  21 1 Mrch  1678  to  y®  21  Mrch  1683  in  f 
5 vrs  at  20£  ^ an.  in  £100:  recd  in  pt  £50:  remaynes  \ 50 

Err”  Excepted  ^ me  


SAM  WILSON  £84  7 9 


London  May  10th  1683. 


COLONIAL  RECORDS. 


.345 


* 


(Indorsed) 

The  Ld8  Prop®6  of  Carol* 
their  accu 

SAMUEL  WILSON 
10.  May.  1683. 

L.  Prop66 

1.  E.  Craven 

2.  Ld  Carteret 

3.  Ld  Ashley. 

4.  Sr  Peter  Colleton 

5.  Esqre  Archdale 

6.  Esqr®  Amy 

7.  Esqre  Sothell 

8.  — for'7  Duke  of  Albem'6 


[15.  P.  K.  O.  Colonial  Entry  Book.  Vol.  21.] 

S*  James’s  1682. 

You  » 

By  virtue  of  ye  place  of  y®  A ice  Palatine  or  Governor  have  a Nega- 
tive upon  all  Voates  of  v®  Palatines  ( ourt  & by  Consequence  of  all  those 
of  y®  Grand  Counci  11  also,  except  in  such  things  as  are  reserved  by  the 
Fundamental  Constitutions  to  be  absolute  in  yr  power  of  v®  Grand 
Council!  by  woh  means  you  have  power  to  hinder  any  Imprudent  Reso- 
lutions they  may  take,  you  ought  to  keep  good  order  in  y®  Debates  of  y® 
Council  1 when  any  one  speak  he  should  do  it  wth  his  liatt  off  and  with  y® 
respect  due  to  y®  place  who  are  there  a Representative  of  the  Palatine  A' 
by  Consequence  y®  King  from  whence  y®  Palatine’s  power  is  originally  de- 
rived and  it  was  in  Culpeppers  Case  who  make  disturbance  in  Albemarle 
in  Carolina  for  which  he  was  indicted  of  high  treason  at  the  Kings  Bench 
Barr  declared  to  be  Treason  for  any  man  to  take  up  Amies  ag‘ our  Gov- 
ernment it  being  Lewi  no-  warr  against  our  King. 

P.  COLLETON 

The  above  being  part  of  a Letter  read  in  Couneill  this  13th  August 
1 683  from  Sr  Peter  Colleton  to  yor  Governor. 


40 


COLONIAL  RECORDS. 


346 


[B.  P.  R.  O.  Col:  Ent:  Book.  No.  20.  p.  210.] 


AT  A MEETING  OF  THE  LORDS  PROPRIETORS  OF  CAR- 
OLINA THE  14th  OF  DECEMBER  1683.  AT  THE 
DUKE  OF  ALBEM ARLES 

Present 

The  Earle  of  Craven  Pk 

The  Duke  of  Albemarle 

The  Earle  of  Bathe 

Sir  Peter  Colleton. 

Ordered 

That  a letter  be  forthwith  drawn  to  Mr  Seth  Sothell  governor  of  the 
County  of  Albemarle  requireing  him  to  send  Imam  the  names  of  those 
with  whome  he  fild  the  blanks  for  the  Lords  Proprietors  deputys  and  if 
any  of  them  bee  put  in  that  had  any  hand  in  the  late  disturbances  there 
that  he  put  them  out  and  (ill  the  deputations  sent  with  such  as  are  honest 
men  and  not  concerned  in  the  said  disturbances  and  to  send  the  said  Mr 
Sothell  a Copie  of  that  Article  of  the  Instructions  for  the  Government 
of  Albemarle  that  requires  the  oomissionating  of  three  persons  not  con- 
cerned in  the  aforesaid  Disturbances  to  be  a Court  for  the  tryall  of  such 
actions  as  shall  be  brought  for  the  Injuryes  done  to  any  man  by  the  actors 
in  them  and  to  require  of  him  to  certifio  by  the  first  opertunity  how  the 
said  article  is  complved  with  and  if  it  be  not  what  is  the  Reason  of  it 
and  that  he  doe  forwith  with  the  advice  of  Mr  Archdale  choose  four  of 
the  discreatest  honest  men  of  the  County  who  were  no  way  concerned  in 
any  of  the  said  disturbances  to  be  Justices  of  the  County  Court  and  also 
an  able  man  so  quallified  to  be  sherrif  of  the  County  that  there  may  bee 
a Court  of  impartiall  persons  for  the  tryall  of  all  actions  that  have  rela- 
tion to  the  late  disorders  that  those  injured  may  have  right  done  them 
according  to  Law. 

2.  That  Mr  Biggs  bee  required  to  set  downe  in  writeing  in  distinct 
Articles  wherein  he  hath  been  injured  contrary  to  Law  bv  Mr  Sothell  or 
any  other  person  in  office  of  Carolina  and  deliver  the  same  to  the  Lords 
Proprietors  that  they  may  be  enabled  to  consider  what  course  they  may 
speedyly  take  for  his  redress  if  any  Injury  appeares  to  be  done  him. 

3.  That  Mr  Sothell  and  all  other  Governors  direct  those  their  letters 
that  coneerne  the  publick  of  Carolina  or  Lords  Proprietors  in  Generali 
to  the  Pallatine. 


COLONIAL  RECORDS. 


347 


That  lie  send  a particuler  of  the  quitt  rents  and  other  perquisits  of 
Carolina. 

That  he  give  an  account  how  the  affair  of  Colonel  Ludwells  land 
stands  and  why  it  is  detained  from  him. 

That  he  take  a prudent  care  for  the  preserveing  of  our  bounds  and 
other  rights. 

Aproved  of  the  Bargin  made  by  Sir  Peter  Colleton  with  Coll : Phillip 
Ludwell  in  behalfe  of  the  Lord  Proprietors  for  my  Lady  Berkeleys  right 
to  the  Proprietorship  that  was  Sir  William  Berkeleys  for  £300. 

That  Mr  Timothy  Biffers  his  land  be  confirmed  to  him  and  his  wife  if 
she  consent  to  it  otherwise  to  his  wife  only. 

Memdum.  The  said  Proprietorship  purchased  of  the  Lady  Berkeley 
widdow  of  Sir  William  Berkeley  Governor  of  Virginia  and  afterwards 
wife  of  Coll : Phillip  Ludwell  by  Sir  Peter  Colleton  in  behalfe  of  the 
four  Lords  Proprietors  namely  the  Duke  of  Albemarle,  the  Earl  of 
Craven,  Lord  Carteret  and  the  said  Sir  Peter  Colleton  was  afterward 
conveyed  in  trust  to  Thomas  Amy  Esqre  for  the  abovesaid  four  Lords 
Proprietors. 


1684. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  97.  p.  103.] 

ORDER  FOR  PASSING  A LAW  IN  THE  PLANTATIONS 
AGAINST  PIRATES  AND  PRIVATEERS. 

At  the  Court  at  Whitehall  the 
‘27  of  Feb13'  1683.(-4) 

By  the  King’s  most  excellent  Majesty  and  the  Lords  of  His  Majys 
Most  IIonUe  Privy  Council!. 

Whereas  the  Right  HonbI*  the  Lords  of  the  Committee  for  Trade  and 
Plantations  did  this  day  report  to  the  Board,  that  Sir  Thomas  Lynch 
having  represented  to  them  the  great  damage  that  does  arise  in  His 
Majesty’s  service  by  harbouring  and  encouraging  of  Pirates  in  Carolina 
and  other  Governments  and  Proprietys  where  there  is  no  law  to  restrain 
tlu'in,  their  Lordships  were  humbly  of  opinion  that  a Draught  of  the 
Law  now  in  force  at  Jamaica  against  Pirates  and  Privateers  bee  sent  to 


i 


348 


COLONIAL  RECORDS. 


all  other  Government's  and  Propriety*  in  America  with  hi*  Majesty’s 
Directions  that  it  be  passed  into  a Law  in  each  Place;  and  that  all  possi- 
ble care  bee  taken  bv  the  respective  Governors  and  Proprietors  that  the 
same  be  put  in  execution  as  they  will  answer  the  contrary;  Which  His 
Majesty  having  taken  into  consideration,  was  pleased  to  approve  thereof, 
And  did  Order  That  the  Right  Honorable  Mr  Secretary  Jenkins  do 
transmit  Copies  of  the  said  Law  made  at  Jamaica  against  Pirates  and 
Privateers  to  all  other  the  Governors  and  Proprietors  of  Ilis  Majesty’s 
Plantations  in  America  with  directions  to  them  in  His  Majesty’s  name 
to  cause  the  same  to  be  passed  into  a Law  in  each  place,  and  to  be  duly 
put  in  Execution  as  is  advised  in  the  said  Report. 

JOHN  NICHOLAS. 


[B.  P.  It.  ().  Colonial  Entry  Book.  Vol.  97.  p.  111.] 


LETTER  FROM  LORD  CRAVEN  TO  LORDS  OF  TRADE 

(27.  MAY.  1684) 

My  Lords, 

I have  seen  what  Sir  Thomas  Lynch  hath  written  to  your  Lordships 
concerning  the  reception  of  Privateers  at  Carolina.  Upon  enquiry  I am 
informed  that  one  Jacob  Hall  did  touch  there  to  wood  and  water  as  he 
came  from  La  Vera  Cruz,  but  belonged  not  to  the  place,  nor  had  no  In- 
habitant of  Carolina  with  him,  and  stayed  but  a very  few  days,  and  then 
sayled  for  Virginia.  Hall  acted  under  Van  Horn,  who  had  a Commis- 
sion from  the  French;  and  His  Majesty’s  Pleasure  not  to  suffer  His  sub- 
jects to  take  Commissions  from  forreign  Princes  not  being  known  in  Car- 
olina is  the  reason  I conceive  he  was  not  secured. 

T never  could  hear  but  of  one  more  that  ever  was  there,  and  he  not 
pretending  to  any  Commission  from  any  forreign  Prince,  and  having 
taken  some  vessells  was  indicted  for  the  same,  and  being  found  guilty 
was  executed,  and  himself  and  two  more,  the  most  guilty  of  his  Com- 
pany, hung  in  chains  at  the  Entrance  of  the  Port,  and  there  hang  to  this 
day  for  an  example  to  others,  And  at  Providence,  which  Sir  Thomas 
Lynch  hath  heretofore  blamed  for  receiving  Privateers,  all  imaginable 
care  was  taken  by  the  Governors  to  suppress  them,  and  no  attempts  upon 
the  Spaniard  made  from  those  parts  but  at  the  instigation  of  a person 
commissionated  by  Sir  Thomas  Lynch  to  take  Pyrats  as  your  Lordships 
may  see  bv  the  enclosed  Abstract  of  his  letters.  W ee  have  now  sent  to 


COLONIAL  RECORDS. 


349 


Carolina  His  Majesty’s  Proclamation  for  prohibiting  of  his  subjects  from 
entring  into  the  service  of  forreign  Princes,  and  the  keeping  of  the  neu- 
trality, with  strict  order  for  the  Observation  of  it,  which  1 doubt  not  hut 
will  be  punctually  obeyed;  and  also  the  orders  to  pass  a law  suitable  to 
that  of  Jamaica  for  the  suppressing  of  Privateers,  so  that  J humbly  con- 
ceive your  Lordships  will  hear  no  more  complaints  that  Privateers  are 
received  in  Carolina.  Wee  having  taken  all  imaginable  Care  for  the 
preventing  of  it  for  the  future,  and  I am  &c. 

CRAVEN 

Mem.d  Mr  Cranfield  speaks  of  one  Pain  at  New  Plymouth  with  a 
false  Commission  from  Sir  Thomas  Lynch. 

Recd  the  27th  May. 

1684. 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  33.] 


POSTCRIPT  TO  Mr  SOTHELL  OR  RATHER  ADDITION 

We  have  sent  you  our  fundamentall  Constitutions  as  Regulated  by  us 
wch  wee  desire  you  to  signe  & seale  & send  ns  back  two  of  them  signed 
and  sealed  by  yrselfe  & that  you  w ill  under  your  hande  and  seale  give 
power  to  some  p'son  to  signe  and  seale  the  originall  \vch  is  under  our 
hands  and  seales  heare  that  it  be  might  be  sealed  by  all  the  proprietors 
there  being  no-ones  hand-writing  but  vo"  Wee  have  thought  titt  to 
apoint  Mr  Francis  Hartlv  to  be  the  Secretary  of  Albemarle  of  woh  you 
are  to  take  notice  & IjjJmitt  him  to  Injoy  the  ^quisits  thereof.  Wee  here- 
wth  send  you  the  Kings  proclamation  how  his  subjects  shall  behave  them- 
selves in  the  prsent  warr  between  the  two  neighbor  Crownes  wch  you  are 
publish  & see  punetuellv  obeyed  vou  are  to  take  spetial I Care  that  due  as- 
sistance be  given  to  his  matestys  officers  in  collecting  the  Duty  upon  to- 
bacco &e  transported  from  Carolina  to  other  plantations  A if  any  officer 
or  magistrat  shall  not  doe  his  duty  herein  you  arc  to  displace  him  & put 
another  in  his  room. 

We  wrot  you  the  6th  of  November  bv  Coll0  Ludwell  woh  containeing 
matters  of  Importance  wee  herew*h  send  the  copie  of  it  that  if  the  origi- 
nall be  not  come  to  vor  hands  you  may  by  tin'  Copie  see  or  desires  & com- 
ply \vth  them 

Mem  the  above  In  lines  was  aded  to  v®  letter  in  23  & 24  relating  to 
Privateers  and  directed  to  Seth  Sot  hell  Esq.  (lovern*  of  ye  no:  part  of 
Carolina 


COLONIAL  RECORDS. 


350 


1685. 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  2G] 


Whitehall  y®  14th  February  1603-4 

There  is  Lately  come  into  England  from  Albemarle  in  Carolina  Mr 
Timothy  Biggs  who  hath  Complained  to  us  ofseverall  Injurys  done  him 
there  for  wch  he  can  have  no  redresse  by  men  you  have  Impowered  to  try 
causes  being  as  he  alleadgeth  those  very  ^sons  who  Joined  in  v®  Late 
disorders  A did  him  y®  Injury  as  you  will  see  more  att  large  by  a Copie 
of  his  paper  wch  is  here  inclosed  sent  you 

When  you  had  blanke  deputations  given  you  it  was  y*  you  upon  the 
place  might  fill  them  up  wth  such  flsons  as  might  be  most  for  y®  Kings 
Honnour  A service  A who  by  being  unconcerned  in  y®  past  Differences 
might  be  most  likely  by  Just  governm*  of  affairs  & equall  distribution  of 
Justice  to  put  an  end  to  all  Causes  of  Complaint  from  any  ^sons  for  y® 
future 

Wee  did  also  in  our  Instructions  for  y®  Governm4  of  Albemarle  order 
A apoint  y4  y®  Governor  should  \vth  the  consent  of  the  Councill  choose 
three  discreet  men  who  were  no  way  concerned  in  the  past  Irregularitys 
& disorders  there  who  together  wth  y®  Governor  for  the  time  being  should 
be  a Court  for  y®  tryall  of  all  actions  y*  had  Relation  to  y®  aforesaid  dis- 
orders But  Mr  Biggs  Informes  us  y4  y®  ^jJsons  wth  whose  names  you  have 
filled  the  Blank  Deputations  are  such  as  were  great  actors  in  them  against 
the  Kings  Interest  A that  you  have  erected  no  such  Court  as  wee  Directed 
whereby  he  could  have  no  Justice  done  him  to  woh  wee  know  not  what  to 
say  you  not  haveing  Informed  us  wth  whose  names  you  filled  the  said 
blanke  deputations  nor  have  you  written  how  von  have  complyed  wth  our 
order  for  erecting  a court  of  1 ndifferent  {jsons  a copie  of  wch  order  a copie 
is  here  Inclosed  sent  you. 

Wherefore  we  now  Require  you  to  Informe  us  by  the  very  first  oper- 
tunity  wth  whose  names  you  filled  the  blanke  Deputations  A if  any  of 
them  are  such  as  had  any  hand  in  the  late  disorders  y4  you  put  them  out 
& fill  the  blankes  now  sent  wth  the  advice  of  Mr  Archdale  wth  such  ^sons 
as  were  not  concerned  in  them  who  by  their  prudence  A peaceablenes.se 
of  their  tempers  may  be  most  likely  to  contribute  best  to  his  Majestys 
Service  A y®  peace  of  the  place  A that  if  those  who  are  deputyes  A y* 
vo'selfe  A Mr  Archdale  shall  think  litt  to  be  continued  in  shall  not  have 
been  actors  in  the  past  disorders  that  then  you  send  home  depositions 


COLONIAL  RECORDS. 


351 


taken  before  Mr  Archdale  & some  other  magistrate  of  the  place  to  prove 
it  that  wee  may  be  thereby  bee  the  better  Inabled  to  answeare  any  clamor 
of  Mr  Biggs  if  there  bee  occation.  And  that  yon  doe  forth wth  choose 
four  able  discreet  men  <fc  who  had  no  hand  in  the  past  disorders  of  either 
side  to  bee  the  Justices  of  the  County  Court  of  Albemarle  & a ^son  so 
quallifyed  to  be  sherri f of  that  County  to  set  and  hold  Courts  for  the 
tryall  of  causes  as  by  our  fundamental  Constitutions  is  directed  which 
wee  thinke  a better  way  then  y*  formerly  ordered  it  not  being  so  conven- 
ient to  Interest  y'selfe  or  any  other  Governor  In  Cheeff  of  that  County 
in  the  Imediate  tryall  of  causes  but  leave  him  at  liberty  wth  the  Councell 
to  heare  the  complaints  if  any  shall  be  made  against  any  of  the  said 
Justices  or  Sherriff  for  any  misdemeanor  in  their  respective  offices  woh 
method  is  agreeable  to  our  Constitutions  and  as  wee  Conceive  the  best 
way  for  equall  distribution  of  Justice  in  said  County  wth  which  wee  can- 
not expect  to  have  it  thrive  or  be  freed  from  Clamor  our  selves  wherefore 
wee  Require  of  you  that  this  our  order  be  Instantly  put  into  execution 
and  that  you  send  us  the  names  of  such  ^sons  who  are  Comissioned  to 
bee  the  said  Justices  & Sheriff  for  y®  county  aforesd  & y*  you  dirict  all  yr 
Letters  that  concernes  us  in  Generali  to  ye  Pal  la  tine  the  earle  of  Craven 
to  be  comunieated  to  us. 

Wee  did  by  Mr  Archdale  send  a blank  Com  is"  fora  Recover  to  Collect 
our  rents  and  give  us  ace1  thereof  wth  Directions  v*  he  should  till  tip  the 
sd  blanke  wth  some  convenient  or  fitting  ^son  bv  vr  advice  but  we  have 
not  a word  from  either  of  you  what  is  done  therein  nor  what  the  annual! 
amount  of  the  said  quit  rents  are  wherefore  wee  desire  you  ^ first  you 
will  give  us  an  ace1  who  you  have  put  into  the  said  Comission  what  he 
hath  Collected  what  you  have  done  wth  y*  already  collected  & also  a 
^tienler  of  the  wrecks  & other  things  apertaineing  to  vc  Ld  Proprietors 
& also  what  the  vea rely  amount  of  quit  rents  of  land  is  & ^tieulerly 
what  quantity  of  land  each  man  holds  tfc  what  the  rent  is  he  paves  & 
then  we  shall  order  how  ye  sd  quit  rents  & others  ^quisitts  shall  be  dis- 
posed of 

There  hath  also  Comphtfht  been  made  by  Mr  Woodrowe  or  secretary  y* 
you  would  not  permit  him  to  Injoy  the  ^quisits  of  his  office  but  that 
you  took  them  to  your  selfe  woh  is  by  no  meanes  to  be  tollarated  in  a 
governor  but  he  must  let  v®  Inferior  officers  In  joy  the  due  ^jjiquisits  of 
their  places  if  he  expect  they  should  ^forme  their  Dutys  & must  be  no 
further  concerned  therein  then  see  the  officer  doth  his  Duty  and  not 
opress  the  people  by  unreasonable  exactions  wee  desire  yor  answeare  to 
. this  also 


352 


COLONIAL  RECORDS. 


Coll0  Ludwell  of  Virginia  liatli  complained  to  us  that  a planta"  in  Al- 
bemarle  apertaining  to  him  in  Right  of  his  wife  the  I auly  Berkely  is 
detained  from  him  upon  prtenee  y*  it  is  escheated  to  us  & wee  being  will- 
ing to  doe  him  & all  other  men  Right  doe  Require  you  to  send  us  a true 
state  of  that  matter  how  it  stands  & in  whose  possession  y®  sd  plantati" 
now  is  & if  it  be  escheated  that  you  send  to  us  a true  copie  of  y®  record 
thereof  for  wee  shall  bee  very  unwilling  to  turne  any  man  out  of  his 
estate  or  not  restore  him  to  it  if  he  have  lost  it  by  faileing  in  any  nieity 
of  law 

We  have  considered  of  what  you  write  of  mv  Lord  Culpapers  send- 
ing to  demand  the  quit  rents  of  the  County  of  Albemarle  for  wch  wee  are 
well  assured  he  had  no  orders  from  hence  Wherefore  desire  you  not  to 
faile  in  useing  all  discreet  Legall  & prudent  wayes  for  the  prservation  of 
our  Just  Rights  we  shall  take  a convenient  time  to  petition  y®  King  yl 
or  bounds  may  be  runn  out  v*  Disputes  may  be  prvented  for  y®  future 
Wee  Require  y‘  you  do  not  deviate  from  those  rules  wee  have  by  our 
Instructions  sett  for  y®  granting  of  land,  for  wee  shall  not  allow  of  it 
There  was  4 blank  Deputations  sent  away  wth  this  Letter  signed  bv  y® 
Du  : of  Albemarle  one  by  y®  Ld  Bath  for  y®  Ld  Carteret,  by  Sr  Peter  Col- 
leton & another  by  all  y®  Ld  for  Sr  Wm  Berkelys  Dated  y®  3d  June  1684 


1686. 


[H.  P.  K.  ().  Colonial  Entry  Book.  Vol.  97.  p.  232.] 


REPORT  TOUCHING  THE  PROSECUTING  OF  THE  QUO 
WARRANTOS  IX  THE  PLANTATIONS 

Mem'1 

My  Lord  President  is  desired  by  the  Rigdit  honbIe  the  Lords  of  the 
Comittee  for  Trade  & Plantations  to  move  his  Maj : that  the  directions  to 
Mr  Attorney  Generali  that  the  prosecution  of  severall  writts  of  Quo 
Warranto  against  the  Propriety  of  the  Province  of  Maryland  and  against 
the  Colonies  of  Connecticut  and  Rhode  Island  and  the  Proprieties  of  East 
and  West  New  Jersey  and  of  Delaware  in  America  may  be  renewed  and 
that  the  same  may  be  prosecuted  to  effect. 

Councill  Chamber  21.  April!,  1686. 


COLONIAL  RECORDS. 


353 


At  the  Court  at  Whitehall 
the  30th  of  Aprill  1686. 

Whereas  on  the  10th  and  17th  of  July  las!  past  It  was  ordered  that  Mr 
Attorney  should  proceed  by  Quo  W arranto  against  the  Charter  Granted 
to  the  Lord  Baltemore’s  ancestors  of  the  Propriety  of  Mariland  as  also 
against  the  Governors  & Comiss18  of  the  Colonies  of  Connecticut,  Rhode 
Island  & Providence  Plantation  & likewise  against  the  Prop”  of  East  & 
West  Jersey  & of  Delaware  all  in  America.  His  Maj : in  Councill  this 
day  thought  tit  to  order,  and  it  is  hereby  ordered,  that  Sir  Robert  Sawyer 
Knight  His  Majesty’s  Attorney  Generali  doe  forthwith  put  the  said  orders 
in  execution  by  causing  the  Proprietors  of  the  aforesaid  Places  to  be 
prosecuted  on  the  said  Writts  according  to  Law  in  order  to  the  vacating 
of  their  several  1 Charters  or  Grants. 


[B.  P.  R.  O.  Colonial  Paters.] 

THE  EARL  OF  SHAFTESBURY  TO  THE  EARL  OF 
CRAVEN  7 JULY  1686 

St.  Giles  July  7th  1686. 

My  Lord, 

I receaved  yo"  but  not  knoweing  upon  what  grounds  the  Quo  War- 
ranto was  intended  to  be  brought  against  our  Pattent  for  Carolina  am 
able  to  give  noe  result  upon  itt.  There  have  bin  considerable  sumes  of 
money  disbursed  by  the  Proprietor  to  bringe  it  to  this  effect  and  when 
the  Pattent  is  surrendered  1 cant  see  any  way  by  woh  they  will  in  proba- 
bility bee  ever  reimbursed  I shall  bee  as  unwilling  to  dispute  his  Maties 
pleasure  as  any  man  but  this  being  a Publique  Coucerne  tis  not  in  any 
perticular  mans  power  to  dispose  of  it  Therefore  whatever  shalbe  ap- 
proved of  by  the  rest  of  the  Proprietor  or  the  majority  of  them  to  bee 
donne  in  this  affaire  I shall  acquess  in  who  am 

Yor  Lordps  most  humble  Servant 

SHAFTESBURY. 


41 


354 


<# 


COLONIAL  RECORDS. 


1687. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol.  97.  p.  240.] 


ORDER  OF  COUNCI LL  TO  Mr  ATTORNEY  AND  Mr  SOL- 
LICITOR  TO  PROSECUTE  THE  QUO  WARRANTOS 
ISSUED  AGAINST  THE  SEVERALL  PROPRIE- 
TIES AND  CORPORATIONS  IN 
AMERICA. 

At  the  Court  at  Hampton  Court 
the  28th  of  May  1687. 

Upon  reading  a report  from  the  Right  honoble  the  Lords  of  the  Com- 
mittee for  Trade  & Foreign  Plantations  It  is  this  day  ordered  by  Ilis 
Majty  in  Councill  that  Mr  Attorney  and  Mr  Sollicitor  Generali  do  fortli- 
with  proceed  upon  and  prosecute  the  Quo  Warrant  os,  which  have  been 
issued  or  ordered  to  be  issued  out  against  the  severall  Proprieties  and 
Corporations  in  America. 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  133.] 


Whitehall  this  25th  of  Novemh:  1687 

% 

Wee  herewith  send  you  copies  of  two  letters  wee  liaue  received  from 
the  Kings  Majesty  & also  a copie  of  Sr  Robert  Holmes  his  comission  for 
the  supression  of  Pirates  & Privatiers.  by  the  first  of  the  sd  letters  you 
will  ^ceiue  that  his  Majty  that  all  endeavors  bee  vsed  for  the  seizing  and 
aprehending  of  any  Pirates  or  sea  rovers  that  shall  come  into  any  of  the 
Ports  of  your  Governff  the  which  you  are  to  keep  strictly  Imprisoned  & 
in  safe  coustody  with  their  ships  goods  & plunder  untill  his  Majestvs 
Royal  1 pleasure  be  known  what  shall  be  done  with  them,  whereof  you 
are  not  to  fade  & to  vse.  your  vtmost  care  that  all  his  Majestys  com- 
mands contained  in  his  sd  letter  bee  punctually  obeyed  by  all  flsons  vnder 
your  goverment. 

Yor  very  affectionate  friends 
CRAVEN  Paltinc 
BATHE  for  the  Ld  CARTERET 


COLONIAL  RECORDS. 


355 


[Records  of  Perquimans  County.  Book  A.  No.  3^0. J 

5 Dec  1687 

The  Deposition  of  Richard  Watredy  Aged  fifty-one  years  or  there- 
abouts sworn  & examined  saith,  He  this  Depo4  Being  designed  to  go  into 
ye  Southard  about  the  year  1662  to  see  how  he  might  like  the  place  At 
which  time  Mr  George  Catchmany  desired  the  Depon4  to  go  to  the  Place 
where  Mr  George  Durant  then  was  seated  & to  speak  to  said  Durant  to 
show  him  this  Depon4  the  Land  woh  was  designed  by  said  Durant  for  the 
said  Catchmany,  which  Accordingly  I did  & was  shown  by  Mr  Durant 
the  Land  Intended  by  him  for  Mr  Catchmany  & soon  after  returned  to 
Virginia  again  and  About  a month  after  Mr  Catchmany  employed  the 
Depon4  to  go  w4h  3 hands  to  settle  & seat  the  said  Land  & went  with  us 
himself- — and  coming  to  the  House  Mr  Durant  aforesaid  he  this  Depon4 
heard  & see  them  conclude  of  a line  which  was  Accordingly  then  run  for 
a Dividing  Line  Between  them,  And  as  he  very  well  Remember  Begun 
at  a pine  standing  by  the  water  side  at  the  sound  extending  extending 
toward  the  then  seated  Land  of  Call1'  Caltropp  it  being  Agreed  by  them 
that  George  Catchmany  should  have  the  land  on  the  eastward  A George 
Durant  on  the  Westward  side  of  the  said  Land  & this  Depon4  further 
saith  that  he  heard  the  said  Catchmany  tell  Mr  Durant  aforesd  that  Sr 
William  Berkeley  was  then  lately  arrived  from  England  A that  He  re- 
solved that  Inhabitants  of  the  South  should  hold  no  longer  by  Indian 
Titles,  But  that  He  would  Grant  Patients  to  those  who  should  desire 
them  whereupon  he  heard  said  Durant  tell  Mr  Catchmany  that  then  he 
would  go  & see  to  secure  his  Land  as  aforesaid  & Mr  Catchmany  then 
Replied  & said  he  should  not  need  to  go  himself  But  that  He  would 
have  him  stay  there  & look  & see  his  People  should  not  Lack  Provision 
or  other  neeessarvs  A he  would  do  his  Business  and  his  own  too. — 

RICHARD  WATREY. 


1688. 


[R.  P.  R.  O.  Colonial  Entry  Rook.  No  22.  p.  139.] 


Whitehall  this  16th  of  Aprill  1688 


Mr  Edward  Ketclnnaid  hath  made  application  vnto  vs  setting  forth 
that  he  is  Nephew  and  next  heir  unto  1VP  George  Ketclnnaid  of  Caro- 


COLONIAL  RECORDS. 


35(1 


lina  deceased  And  that  his  said  Vncle  dying  Intestate  and  possesed  of  a 
plantation  in  our  County  of  Albemarle  in  Carolina  the  right  to  the  said 
Plantation  is  descended  to  him  as  next  heir  Now  we  shall  not  take  upon 
us  upon  us  to  interpose  in  the  decision  of  any  mans  right  but  leave  that  to 
y®  usuall  course  of  the  Law.  Rut  think  it  our  duty  to  recoraend  unto 
your  care  that  the  said  Mr  Edward  Ketchmaid  may  have  a fair  and 
Equall  Tryall  according  to  y®  course  of  y®  Law  there  for  y®  said  Estate. 
If  he  shall  desire  it  And  there  be  need  thereof 

Wee  doe  also  inform  you  that  Mr  Timothy  Riggs  who  married  the 
widdow  of  the  said  George  Keethmaid  did  set  forth  to  us  that  the  said 
George  Ketchmaid  did  bv  will  give  his  plantation  in  Carolina  to  his  wife 
And  did  desire  us  to  grant  our  Release  and  Confirmation  of  the  said 
Plantation  unto  her  which  we  did  by  our  deed  dated  y®  six  and  twentieth 
day  of  March  1684  now  our  Intent  in  this  was  onely  was  onely  to  grant  a 
Release  and  Confirmation  of  what  Right  we  had  nor  could  we  thereby 
weaken  or  invalidate  the  right  or  title  of  any  other  pretender  to  the  said 
Estate  as  heir  at  Law  to  the  said  George  Ketchmaid  for  we  could  onely 
Release  or  convey  what  right  was  in  us  And  not  what  was  anothers. 

And  forasmuch  as  nothing  can  redound  more  to  the  Honor  of  our 
Government  then  the  reputation  of  speedy  and  impartial!  Administration 
of  Justice  We  desire  that  you  will  give  us  Ace1  what  you  doe  in  this 
matter  That  we  may  upon  occasion  be  able  to  vindicate  ourselves  And 
so  we  rest 

Your  very  affectionate 
friends 

CRAVEN  PAL*1"® 

P.  COLLETON 


[B.  P.  R.  O.  Virginia  B.  T.  Vol.  53.  No.  27.] 


TWO  ORDERS  OF  COUNCIL  OF  VIRGINIA  1688  & 1691 
AND  PROCEEDINGS  IN  COUNCIL  IN  1699  AROUT 
BOUNDARIES  BETWEEN  VIRGINIA  A 
NORTH  CAROLINA  WITH  A 
COPY  OF  THE  CHAR- 
TER OF  CARO- 
LINA. 

[Referr’d  to  in  Col.  Nicholson’s  letter  of  1st  July  1699 
Received  4 Sept.  1699] 

At  a Council  held  at  James  City  Mar  1st  1688 


COLONIAL  RECORDS. 


357 


Present 

His  Excellency 


Coll0  Wm  Cole 
Coll0  Rich.  Lee 
Coll0  John  Custis 


Nath  Bacon  Esq. 

Nich.  Spencer  Esq  Secry 


Coll0  John  Page 
Coll0  Wm  Byrd 
Coll0  John  Lear 


Coll°  X*r  Wormeley 
Coll0  Isaac  Allerton. 


Upon  ye  consideration  of  v®  complaints  of  some  of  the  inhabitants  of 
Carratuck  setting:  forth  that  the  govern  in1  of  North  Carolina  had  dis- 
trained  upon  part  of  their  household  goods  under  pretence  that  ye  land 
they  inhabited  was  withhin  ye  governin'  of  North  Carolina  & that 
therefore  they  ought  to  pay  proportionable  for  ye  discharge  of  y®  gov- 
ernin' wth  other  the  inhabitants  thereof  tho’  indeed  they  were  alwaies 
esteemed  to  be  people  of  the  inhabitants  of  the  governm'  of  Virginia 
and  held  their  lands  by  patents  granted  by  the  Govern1  of  Virginia  All 
which  this  Board  taking  under  their  serious  consideration  are  of  oppinion 
that  the  whole  matter  be  humbly  represented  unto  his  Majesty  for'  his 
royall  consideration  and  that  a letter  be  forthwith  writt  for  his  Excel- 
lency’s signeing  directed  to  the  Govr  & governin'  of  North  Carolina 
signifying  that  this  governin'  have  humbly  presented  unto  his  Majty  the 
pretension  that  that  governin' makes  unto  the  lands  lying  on  Carratuck 
& Blackwater  and  that  it  is  desired  that  no  disturbance  or  violence  be 
offered  to  the  inhabitants  thereof  untill  his  Maj"®  shall  signifie  his  pleas- 
ure therein. 

His  Majesties  Govern1  & Couneill  of  this  Colony  knowing  themselves 
in  duty  bound  faithfully  to  represent  unto  his  Majesty  all  occuranees  of 
moment  relating  to  the  same  doe  therefore  humbly  beg  leave  to  lay  before 
his  Majesties  rovall  consideration  a matter  whereby  not  only  his  subjects 
at  presents  are  disturbed  and  disquieted  in  their  possessions  noare  adjoin- 
ing unto  v®  governin'  of  North  Carolina  but  also  y®  publiek  peace  of  the 
Country  threatened  by  the  violent  actings  of  some  officers  of  that  gov- 
ern' under  pretence  extending  the  bounds  thereof  far  within  the  anciently 
reputed  and  known  Southern  bounds  of  this  yor  Maj"8  Colony  of  Vir- 
ginia for  y*  Southern  bounds  of  this  yr  Maj.  Colony  of  Virginia  have  all- 
waies  been  reputed  to  be  extended  to  the  latitude  of  36  unto  that  latitude 
land  hath  been  granted  unto  adventurers  & purchasers  for  more  than 
fbrtv  veares  past  bv  former  Govern”  and  Couneills  of  this  yr  Maj.  Col- 
ony of  Virginia  and  y®  lands  so  granted  have  been  by  patent  from  vr 
Maj.  Secry’s  office  of  this  Colony  and  the  inhabitants  thereon  seated  have 
been  taken  to  be  v®  inhabitants  of  Virginia  and  accordingly  formerly 


COLONIAL  RECORDS. 


358 


have  paid  all  scott  & lott  of  publick  & county  dues  of  this  Colony  and 
quietly  & peaceably  enjoyed  their  land  held  from  this  Cover*  untill  ye 
yeare  1680  that  some  pretence  was  made  to  some  small  part  of  land  lying 
upon  Carratuck  & Blackwater  upon  which  pretensions  the  inhabitants 
thereof  applyed  themselves  untoy*  right  Honobl®  Thomas  Lord  Culpeper 
the  then  Govr  of  Virginia  and  alsoe  the  Councill  thereof  who  by  letter  to 
the  Govr  and  governm*  soe  satisfied  them  in  the  justness  of  the  claime  of 
the  bounds  of  this  Country  to  thirty  six  that  the  inhabitants  thereof  were 
not  in  the  least  vexed  or  disturbed  in  yr  possessions  bv  any  pretence  of 
ve  govern*  of  North  Carolina  until  this  present  year  1688  who  now  with- 
out makeing  any  further  claime  have  leveyed  upon  ye  inhabitants  of  Car- 
ratuck and  Blackwater  who  hold  their  lands  by  patent  from  this  yr  Maj. 
governm*  and  for  ye  said  levyes  have  distrained  and  forceably  carryed 
away  divers  goods  out  of  the  houses  of  ye  said  inhabitants  which  force 
upon  them  from  ye  govern*  of  Carolina  if  not  timely  prevented  will  prove 
ruinous  to  ye  pore  people  if  not  usher  in  greater  mischiefes  therefore  his 
Maj.  Govr  and  Councill  doe  humbly  supplicate  his  Maj.  to  take  under 
his  rovall  consideration  the  pressures  those  pore  inhabitants  lie  under 
from  the  pretence  that  those  lands  are  part  of  the  bounds  of  North  Caro- 
lina and  that  his  Maj*7  will  be  pleased  not  to  narrow  the  bounds  of  his 
long  seated  Colony  of  Virginia  and  his  Maj.  Govern1,  & Council  do 
humbly  futher  begg  leave  to  offer  to  his  Maj.  consideration  how  prejudi- 
ciall  it  may  bee  to  his  Maj.  Revenue  ariseing  upon  tobacco  if  those  lands 
now  in  question  should  be  taken  to  be  under  the  govern*  of  Carolina  ly- 
ing so  neare  unto  y*  opening  of  Carratuck  that  small  vessells  may  pass  in 
and  out  undiscovered  and  cary  of  what  tobacco  they  find  fit  without  pay- 
ing any  dues  for  ye  same  for  the  inhabitants  of  North  Carolina  being  but 
few  in  number  and  far  remote  from  that  part  of  Carratuck  cannot  make 
discovery  of  any  such  cheats  if  intended  which  whilst  its  under  the  gov- 
ernm* of  Virginia  is  provided  against  by  the  prudent  care  of  Mr  Meyn 
his  Maj*8  Surveyor  Generali  of  Virginia  by  a person  an  inhabitant  of  Vir- 
ginia being  apointed  a Collector  to  inspect  according  to  law  all  matters 
of  trade  in  that  part  and  for  the  quieting  yor  Maj.  subjects  in  a peaceable 
possession  of  their  lands  and  stoping  the  force  of  distress  put  upon  them 
yor  Maj*78  Governor  and  councill  doe  humbly  begg  leave  to  supplicate  yr 
Maj*7  that  you  would  be  pleased  to  give  direction  for  the  ascertaining  of 
the  bounds  between  vor  Maj*78  Government  of  Virginia  and  North  Caro- 
lina as  in  your  princely  wisedom  shall  find  fitt. 


COLONIAL  RECORDS. 


359 


1689. 


[B.  P.  R.  O.  Coloniai.  Entry  Bk.  No.  109.  p.  217.] 


AT  THE  COMMITTEE  FOR  THE  PLANTATIONS  AT  THE 
COUNCIL  CHAMBER  AT  WHITEHALL  MUN- 
DAY  THE  16th  MAY  1689. 

Present 

Ld.  Privy  Seal.  E.  of  Shrewsbury  Ld.  Vis.  Lumley 

Their  Lops  also  enter  upon  y°  consideration  of  y°  present  condition  of 
the  Provinces  of  Maryland  Pennsylvania  & Carolina  &c  which  having 
been  formerly  granted  to  several  persons  in  absolute  propriety  by  which 
title  they  claim  a right  of  government  their  Lorps  agree  to  represent  to 
his  Maty  their  opinion  that  the  present  circumstances  and  relation  they 
stand  in  to  the  government  of  England  is  a matter  worthy  of  the  con- 
sideration of  the  Parliament  for  the  bringing  those  Proprieties  and  Do- 
minions under  a nearer  dependence  on  the  Crown. 


[B.  P.  R.  O.  Colonial  Entry  BpoK.  No.  22.  p.  159.] 


LETTER  TO  GOV.  SOTHELL. 

London  this  2d  Decbar  1689 

Sr 

Wee  are  divers  ways  Informed  that  the  people  under  yor  Governin' 
have  risen  upon  you  and  we  are  also  told  the  reasons  alleaged  by  them 
for  their  so  doing  is  yoT  Injustice  and  oppression  of  them  contrary  to 
Law  We  hope  and  much  Incline  to  be  of  opinion  their  allegations  are 
false,  but  however  it  be  Wee  are  sure  it  is  alwavs  our  dutv,  but  more 
then  ordinary  in  these  dangerous  times  to  take  care  of  the  quiet  and 
safety  of  the  provinces  under  our  Goverm*  and  also  that  Justice  may  be 
rendered  to  yorself  in  the  manner  wee  think  most  agreable  to  prudence 
Law  and  Equity  and  the  quelling  of  all  clamours  and  complaints  and 
thereby  avoiding  of  like  disturbances  for  the  future  Wherefore  have 
thought  titt  to  suspend  von  from  the  Governin'  untill  matters  are  duely 


360 


COLONIAL  records. 


fairly  and  Impartially  inquired  into  that  wee  may  he  able  to  give  an  ex- 
act arc1  thereof  to  his  Majesty  and  in  order  thereunto  have  Jointly  Ira- 
powered  our  Trusty  and  Well  beloved  Collonell  Phillipp  Ludwell  to  be 
our  Governor  with  Instructions  to  Inquire  what  hath  been  the  true  rea- 
sons and  motives  of  these  disorders  and  to  give  os  ace1  thereof  to  which 
we  desire  you  quietly  to  submitt  and  also  to  believe  that  von  shall  never 
find  but  Justice  and  fairness  from  us  all  due  care  for  the  preservation  of  vor 
person  and  reputation  to  which  we  know  nothing  more  conduceable  then 
a fair  Inquiry  into  the  truth  of  all  matters  by  Indifferent  persons  with- 
out which  be  done  Wee  cannot  answer  our  proceedings  to  the  King  Wee 
bid  you  heartelv  farewell  and  rest 

Your  very  affectionate  friends 
To  Mr  Sothell  CRAVEN  Palatine 

P.  COLLETON  BATHE 

JOHN  ARCHDALE  for  the  LORD  CARTERET 

for  THO  ARCHDALE 
THO:  AMY 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  157.] 


WILLIAM  EARLE  OF  CRAVEN  LORD  VISCOUNT  CRA- 
VEN BARON  OF  HAMPSTEAD  MARSHALL  PALA- 
TINE AND  THE  REST  OF  THE  TRUE  AND 
ABSOLUTE  LORDS  AND  PRO- 
PRIETORS OF  THE  PRO- 
VINCE OF  CAROLINA 

To  our  Trusty  and  Well  beloved  Collonell  Philip])  Ludwell  Governour 
of  that  part  of  our  province  of  Carolina  that  lyes  north  and  east  of 
Cape  feare 

Wee  the  said  absolute  Lords  and  Proprietors  of  the  Province  afore- 
said reposing  speeiall  Trust  and  Confidence  in  the  courage  Loyalty  and 
Prudence  of  you  our  said  Governour  Do  hereby  constitute  and  apoint 
you  the  said  Collonell  Philipp  Ludwell  Dureing  our  pleasure  Governour 
of  that  part  of  our  Province  of  Carolina  that  lyes  north  and  east  of 
Cape  feare  and  you  are  to  doe  and  execute  all  things  in  due  manner  that 
belong  to  your  said  command  or  the  Trust  wre  have  reposed  in  you  ac- 
cording to  the  several  1 powers  and  directions  granted  and  appointed  you 


COLONIAL  RECORDS: 


.'361 


by  the  present  Comission  and  onr  Instructions  and  by  such  further  pow- 
ers and  Instructions  as  shall  at  any  time  hereafter  be  granted  and  ap- 
pointed you  under  our  hands  and  seales  and  according  to  such  reasonable 
Lawes  and  Statutes  as  already  have  been  ratifved  and  confirmed  by  Vs 
or  hereafter  shall  be  made  and  agreed  vpon  by  you  with  the  ad- 
vice and  consent  of  the  Councill  and  Assembly  or  Parliament  of  that 
part  of  our  Prouince  vnder  your  Goverm*  according  to  the  method  and 
forme  appointed  by  our  former  Instructions  to  our  Governour  there 
And  wee  doe  hereby  appoint  and  Impower  you  our  said  Governour  to 
be  Comander  in  Chief  of  all  the  forces  raised  or  to  be  raised  within  the 
Limits  of  your  Goverm1  and  over  them  to  appoint  Officers  and  them  to 
remove  at  yor  pleasure  and  to  cause  the  said  forces  to  be  exercised  in 
armes  as  often  as  you  shall  see  fitt  And  to  do  all  other  thing  and  things 
that  to  the  Office  of  a Captain  Generali  or  Comander  in  Cheif  doth  be- 
long And  wee  do  hereby  give  and  Grant  vnto  you  full  power  and 
authority  by  and  with  the  advice  and  consent  of  any  three  or  more  of 
our  Deputys  to  erect  and  establish  such  and  so  many  Courts  of  Judica- 
ture and  Publick  Justice  as  you  shall  think  fitt  and  necessary  for  the 
hearing  and  determining  of  all  causes  as  well  criminall  as  eivill  accord- 
ing to  Law  and  Equity  And  for  Awarding  execution  thereupon  and  to 
appoint  Judges  and  Magistrates  and  such  other  Magistrates  as  to  you 
shall  seem  meet  And  wee  do  hereby  also  give  and  grant  unto  you  full 
power  and  authority  by  and  with  the  advice  and  consent  of  our  Depu- 
tyes  or  the  Major  part  of  them  vnder  your  band  and  scale  to  appoint  a 
Deputy  Governour  with  such  powers  and  authority*  as  to  you  shall  seem 
meet  and  that  you  legally  may  and  always  provided  the  said  powers  and 
authorities  be  not  more  then  to  yourself  are  granted  by  this  present 
Comission  Given  under  our  hands  and  scales  this  fifth  day  of  December 
In  the  year  of  our  Lord  one  thousand  six  hundred  and  eighty  nine 

CRAVEN  Palatine 

P COLLETON  BATH 

JOHN  ARCH  DALE  for  the  LORD  CARTER ETT 

forTHO:  ARCHDALE 
THO:  AMY 


42 


COLONIAL  RECORDS. 


30  2 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  158.] 


INSTRUCTIONS  FOR  COLLONELL  PHILIPP  LUDWELL 
GOVERNOR  OF  THAT  PART  OF  OUR  PROVINCE 
OF  CAROLINA  THAT  LYES  NORTH  AND 
EAST  OF  CAPE  FEARE 

1 As  soon  as  possible  after  yor  arrival  you  are  to  cause  our  Letter  to 
Mr  Seth  Sothell  our  late  Governor  signifying  our  suspending  him  from 
the  Government  to  be  carefully  delivered  to  his  own  hands  and  at  the 
same  time  to  give  Notice  to  Our  Council]  there  of  your  being  bv  us  ap- 
pointed to  be  Governor  of  that  part  of  Carolina  that  lyes  North  and 
East  of  Cape  feare  and  to  require  their  meeting  of  you 

2 When  the  Council]  is  met  you  are  to  publish  yor  Comission  for  the 
Government 

3 You  are  to  Informe  yrselfe  as  well  as  possibly  you  can  of  the  rea- 
sons of  the  late  disturbances  and  the  Imprisonment  of  Mr  Sothell 

4 If  you  finde  there  are  anv  complaints  that  Mr  Sothell  hath  comit- 
ted  any  acts  of  Injustice  and  oppression  you  are  then  and  with  the  advice 
and  consent  of  any  three  or  more  of  our  Deputes  to  comissionate  three 
of  the  honestest  and  ablest  men  you  cane  finde  and  who  have  not  been 
partys  in  the  late  disturbances  to  be  Judges  to  hear  and  determine  all 
causes  both  Civil]  and  Criminal!  according  to  Law  with  such  powers  and 
authorities  as  shall  be  Legall  and  neeessarye  thereunto 

5 The  said  Court  or  .Judges  being  thus  comissionated  you  are  to  give 
Notice  to  all  people  that  complain  of  any  Injustice  or  oppression  contrary 
to  law  comitted  by  the  said  Sothell  that  the  sd  Court  is  appointed  to  hear 
and  determine  of  all  such  complaints  and  you  are  to  take  all  imaginable 
care  that  Jurys  for  the  trial  1 of  all  such  causes  be  fairly  and  Impartially 
returned 

6 In  all  other  matters  you  are  to  pursue  such  Instructions  for  the  Gov- 
erment  as  you  shall  finde  upon  the  place  wherein  If  you  finde  anything 
deficient  or  Inconvenient  to  ye  Inhabitants  W ee  shall  vpon  yor  Notice 
thereof  to  vs  take  due  care  therein 

7 You  are  as  soon  as  possibly  you  conveniently  can  to  call  an  Assem- 
bly or  Parliament  for  the  making  of  such  Lawes  as  shall  be  thought 
requisite  for  the  better  governf  and  security  of  the  place,  which  Lawes 
by  the  first  opportunity  to  send  to  vs  to  be  ratified  and  confirmed  by  vs 
and  which  are  to  continue  in  force  before  such  ratifying  and  confirminge 


COLONIAL  RECORDS. 


363 


vntill  we  shall  signify  our  pleasure  to  the  contrary  and  in  the  passing  of 
such  Lawes  you  are  to  observe  the  methods  prescribed  by  our  funda- 
mentall  Constitutions  and  Instructions  for  the  governf  vpon  the  place 

8 You  are  diligently  to  Impure  into  the  true  reasons  of  the  late  Dis- 
orders and  to  give  us  an  Accompt  thereof  by  the  first  opportunity 

9 If  you  finde  our  late  Governor  hath  been  guilty  of  Injustice  towards 
the  people  in  generall  or  any  particular  men  you  are  to  cause  him  to  give 
security  that  he  shall  not  depart  from  that  part  of  Carolina  untill  he  that 
answered  to  all  such  complaints  as  shall  be  brought  against  him  within 
the  space  of  six  months  from  the  publishing  yor  Comission 

10  If  the  said  Mr  Sothell  shall  complain  of  Injustice  done  him  by  the 
people  you  are  according  to  the  best  of  yor  prudence  to  cause  reparation 
to  be  made  him  in  such  manner  as  shall  best  sute  with  the  quiet  and 
peace  of  the  govern  f there 

11  You  are  to  give  vs  vr  opinion  what  is  necessary  to  be  done  by  vs 
for  the  better  prevention  of  the  like  disturbances  for  the  future 

You  are  to  Inform  yorself  if  King  William  and  Queen  Mary  have 
been  proclaimed  in  Carolina  and  if  they  have  not  by  reason  of  the  Dis- 
turbances you  are  to  cause  them  forthwith  to  be  proclaimed  with  as  much 
Decency  as  possible.  Given  vnder  our  hands  this  5th  day  of  December 
1689 


CRAUEN  Palatine 

J OH  N ARCII  DA LE  A 8 II L EY 


BATHE 

for  THO.  ARCHDALE  for  the  LORD  CARTERET 

P.  COLLETON 
THO  AMY 


1690. 


[B.  P.  R.  O.  America  and  W.  Tnd:  No.  63(1.] 


CAP1  GIBB’S  III8  DECLARAcOX. 


Albemarle — June  ye  2d  1690. 

(’oil:  John  Gibbs  doth  Publish  A declare,  That  Phillip  Ludwel  is  a 
Rascal,  imposter,  A Lsurp'  all  which  shall  bo  justified  in  England  and 
if  any  of  the  boldest  lloroo  living  in  this  or  the  next  County  w ill  under- 


301 


COLONIAL  RECORDS. 


take  to  J list i fie  the  slid  Ludwel’s  illegal  Irregular  proceeding-,  let  him 
call  upon  me  wth  his  sword,  and  1 will  single  out  A goe  with  him  into 
any  part  of  the  King’s  Dominions,  it  there  fight  him  in  this  Cause,  as 
long  as  my  Eyelidds  shall  wagg. — 

These  are  therefore  to  warn,  charge  and  command  all  Persons  to  keep 
th(>  Kings  peace,  to  consult  ye  (fundamentals,  and  to  render  me  due  obe- 
dience, & not  presume  to  act  or  do  by  Virtue  of  any  Comission  or  Power 
whatsoever  derived  from  y®  above  sd  Ludwell,  as  they  will  answer  it,  att 
their  utmost  perill.  I am  willing  to  pass  by  all  hitherto,  if  y®  new 
Deputyes  will  consult  with  me  to' prevent  evil  consequences,  I am  will- 
ing to  receive  them  or  a Messengr  with  respect  at  my  house  at  Paspotank 
or  Corotuek,  not  that  I carry  any  hut  defensive  Amies  in  Vindication  of 
my  Oath  & Right,  wch  Cod  willing  1 will  maintain  to  death. 

Further  1 proclaime  him  that  is  a Tatler  against  y®  truth  of  this  mat- 
ter to  be  a Villaine,  & a Coward,  that  will  not  give  me  a meeting  singlcr 
to  dispute  it  with  sword  in  hand.  As  God  is  my  Judge  I hate  a base  ad- 
vantage, & never  design  against  any  mans  life  Cowardly:  soe  as  I never 
did  nor  will  wrong  y®  Lords  Proprietors,  or  Country,  they  shall  not  me  if 
possible. 

JOHN  GIBBS. 


|B.  P.  R.  O.  America  & W.  Ind:  No.  636.] 


COLL:  LUP WELL’S  Lr®  TO  THE  L4  GOVr  AIT  NORTH 
CAROLINA.  JULY  19th  1690. 

Sr 

Haveing  lately  reed  a Lettr  from  y®  Deputy  Govr  Councill  of  y® 
Province  of  North  Carolina,  dated  y®  13th  of  this  in8t  wch  informes  me 
y4  Mr  John  Gibbs  did  on  y®  6th  in*4  come  in  Albemarle  County  in  y® 
Province  aforesd  wth  armed  men,  att  y®  time  when  one  of  their  Precinct 
Courts  were  sitting,  & forbadd  y®  sd  Courts  to  sitt  or  act  by  any  Com- 
mission but  his  & seized  two  of  the  Magistrates,  (y®  secretary  being  one) 
& by  force  carried  them  away  prison”  A doth  still  so  detain  them  att  his 
house  att  Caraituck  within  y®  bounds  of  Virga  to  y®  great  disturbance  of 
y®  Inhabitants  of  y®  sd  County,  who  immediately  putt  themselves  in 
Amies  to  secure  y®  Country  from  farther  outrages,  & recover  y®  prison™ 
again,  if  they  could,  But  Mr  Gibbs  haveing  conveyed  them  out  of  y4  into 
yor  Hon™  Goverm4  they  durst  not  pursue  him  out  of  their  Bounds,  with- 
out yor  Hon™  leave,  wch  makes  the  Condition  of  y4  poor  Country  very 


COLONIAL  RECORDS. 


365 


deplorable,  being  obliged  to  continue  in  Armes  to  defend  themselves  from 
farther  Injuries,  & consequently  loose  their  Cropps,  or  runn  ye  hazard  of 
being  ruined,  if  they  stand  still  Mr  Gibbs  haveing  as  they  are  informed 
near  eighty  men  in  armes  att  his  house  in  Curratuck,  y®  consequences 
whereof  may  be  very  dangerous,  besides  ye  thing  ittself  very  unwarrant- 
able and  whereas  Mr  Gibbs  prtends  his  arms  are  only  denfensive,  y*  must 
appear  frivilous  when  no  force  has  ever  appeared  ag8t  him,  or  any  vio- 
lence offer’d  him  by  any  person,  & as  he  prtends  itt  is  only  in  vindica- 
tion of  his  right  to  ye  Goverm*  whatever  his  right  is,  certainly  he  ought 
to  assert  itt  in  another  manner,  by  applying  himself  to  yc  Lds  Propriet” 
who  without  doubt  are  y®  fittest  Judges  in  that  case,  & would  do  him, 
what  right  he  deserves  I doe  therefore  most  humbly  pray  yor  Honr  to 
take  what  I here  present  you  into  yor  serious  Consideration  & give  us 
such  relief  therein  as  to  yor  Hon1'  shall  seem  most  meet  & convenient, 
for  a speedy  establishing  a firm  Peace  amongst  all  their  Majtl8®  subjects, 
wch  will  be  a very  gratefull  Office  to  y®  sd  Propriet”  & a very  great  & 
reasonable  favour  to  all  ye  Inhabitants  of  y‘  Country,  A a prticular  ob- 
ligation on 

Most  IIoncd  Sr : 

Yor  Hon”  most  Humble  & obedient  Serv1 

PHILL:  LUDWELL. 

Toy®  HonbIe  Francis  Nicholson  Esqr  their  Majti98  Lieut.  Governr  of 
Virginia. 


[B.  P.  K.  O.  America  and  W.  Ind.  No.  636 — Extract.] 


WM.  COLE,  SEC7  OF  VIRGINIA  TO  SEC*7  OF  STATE 

1st  AUGUST  1690. 

May  it  please  vor  Lord1’ 

* * * * 

I am  also  ordered  to  represent  to  yoT  Lordp  that  it  is  feared  that  the 
Propriet”  of  the  Southern  Grant  will  endeavour  either  to  procure  a new 
Pattent  or  an  Order  from  his  Matv  to  lay  out  the  Bounds  betweene  this 
their  Ma1®8  Country  and  North  Carolina  bv  other  lines. and  bounds  than 
their  first  Pattent  extended  which  was  to  the  Latitude  of  thirty  six  de- 
grees All  the  land  within  that  Latitude  having  been  alwaies  held  and 
enjoyed  as  belonging  this  Government  and  many  Pattents  A Settlements 
made  for  many  years  to  the  utmost  extent  thereof  bv  the  inhabitants  of 


COLONIAL  RECORDS. 


.‘>66 


this  their  Ma1*'  Dominion  and  it  is  humbly  desired  l»y  their  Ma*“  Coun- 
cill  here  that  before  any  directions  or  orders  pass  to  runn  any  other 
bounds  that  notice  may  be  given  to  this  Government  that  they  may  hum- 
bly offer  their  reasons  against  it  for  the  altering  those  bounds  will  very 
much  disturb  their  Maj8  subjects  here  bv  takeing  away  many  plantations 

and  will  very  much  lessen  their  MatCB  Quit  Rents. 

* * * * 

Right  Honoble 

Yor  Lord1*  most  humble 

Virginia  and  obedient  Servant 

Aug1  lrt  1690.  WILLIAM  COLE. 


[B.  P.  R.  O.  America  & W:  Ind:  No.  (>36 — Extract.] 


COL.  NICHOLSON  TO  THE  LORDS  OF  THE  COmITTEE 

20  AUGUST  1690. 


Virginia  20°'  Aug‘  1690. 

May  it  please  your  Lordps 

* * * 

T send  yor  Lordps  y®  Coppy  of  a Lettr  from  y®  sd  Ludwell  concerning 
North  Carolina  of  woh  place  he  owns  himself  Govr  for  y®  Lords  Proprie- 
tors. These  stirrs  I have  quietted  for  y®  present  butt  how  long  they 
may  continue  soe  is  uncertain  being  as  I am  inform’d  a very  mutinous 
people,  the  country  never  yet  well  settled  & y®  Bounds  betwixt  us  & 
them  very  often  in  dispute.  Coll.  Ludwell  and  Capt.  Gibbs  (whom  hecom- 
plains  of)  are  both  goeing  for  England  soe  I hope  yk  little  Province  will  be 
settled  too  for  about  itt  Mr  Sec17  sends  yor  Lord1*  y®  request  of  their  Majties 
Councill  here.  Att  present  both  to  y®  Southward  & Northward  of  us 
are  in  disorder  A I fear  here  is  in  this  Country  a great  many  idle  & 
poor  people  y‘  would  be  ready  to  follow  their  neighbours  if  they  be 
suffer’d  to  continue  in  theire  loose  way. 

Yor  Lord**  obliged  & most  obedient  humble  Servant 

ER:  NICHOLSON. 


COLONIAL  RECORDS. 


367 


[B.  P.  R.  0.  America  and  W.  Ind.  No.  636— Extract.] 


GOVr  NICHOLSON  TO  THE  EDS  COMMITTEE  4 NOVEM- 
BER 1690. 

Virginia  James  Citty  Nov1  4th  1690 

May  it  please  yr  Lord1’8 

* * * * 

I was  att  our  Southern  Bounds  and  if  ye  Lords  Propriet”  gett  a grant 
for  Nortli  Carolina  to  begin  att  y®  Lattitnde  of  36  & a half,  suppose 
they  will  take  from  this  their  Maties  Province  a great  many  Plantations 
to  the  lessening  of  their  Majties  Quitt  rents  & great  dissatisfaction  of  y® 
planters  for  those  I spoke  wth  in  North  Carolina,  desired  to  be  immedi- 
ately under  their  Majtl6S  Govern1  of  Virginia  itt  lying  soe  convenient  for 
them  therefore  hope  wee  shall  keep  them  'quiet. 

* * - * * 

Yor  Lordps  most  obliged 

& obedient  servant 

FR.  NICHOLSON 


1691. 


[B.  P.  R O.  Colonial  Entry  Book.  No.  22.  p.  177.] 

LORDS  PROPRIETORS  TO  GOV.  SOTHEL. 

London  May  y®  12th  1691 
Sr 

Your  Letters  directed  to  each  of  vs  and  all  of  y®  same  tenour  of  the 
21  of  Octber  Wee  have  reed  and  are  well  pleas'1  to  finde  you  write  that  you 
will  submitt  to  our  Instructions  for  the  goverm1  and  that  you  never  de- 
layed so  to  doe 

Wee  hope  you  are  to  knowing  and  to  wise  a man  to  claime  any  power 
In  Carolina  but  by  virtue  of  them  for  no  propt,,r  single  by  virtue  of  our 
patents  hath  any  right  to  the  Goverm*  or  to  exercise  any  Jurisdiction 
there  vnless  Impoweml  by  the  rest  nor  hath  any  seaven  of  y®  Prop1"” 
power  to  bind  any  one  in  his  priviledge  or  property  vnless  by  agreenf 
among  ourselves  woh  agreem1  is  contained  in  Our  fundamental!  Con- 


COLONIAL  RECORDS. 


3f)8 


stitytions  bearing  date  the  12th  of  January  1G81  those  being  the 
onely  constitutions  agreed  or  signed  to  by  all  the  eight  proprie- 
tors  and  If  any  proprietor  shall  come  into  Carolina  and  take  upon 
him  governf  grant  coniissions  and  traine  and  exercise  men  any 
otherwise  then  pursuant  to  tin*  rides  and  Instructions  for  Goverm1 
apointed  by  the  rest  of  v®  proprietors  it  is  by  the  Laws  of  England  high 
treason  as  wee  are  well  Informed  and  If  any  Governor  of  Carolina  shall 
without  Consent  of  Our  Deputys  Du  powered  by  vs  or  rules  from  vs  take 
vpon  him  to  Impower  Judges  and  other  Magistrates  It  is  a very  high 
misdemeanour  in  the  '(pson  granting  and  also  in  the  prson  who  accepts 
and  executes  such  Office  and  all  any  such  Officer  shall  doe  is  voyd  erro- 
neous and  at  his  peril!  and  any  man  In  Carolina  that  shall  take  vpon 
him  to  act  as  Deputy  that  is  not  duely  I m powered  by  vs  or  by  rules  from 
us  is  answerable  for  all  he  shall  doe  by  vertue  of  any  such  pretended 
power  of  Deputy  We  are  Informed  that  Mr  Joseph  Blake  haveing  a 
deputation  vnder  y*  hand  and  Seale  of  Mr.  Archdale  you  have  notwith- 
standing putt  him  out  from  being  Deputy  and  put  in  Mr  Berrisford  in 
his  roome  of  vor  owne  choice  and  that  Mr.  Berrisford  acts  as  Deputy 
Wee  hope  this  Information  is  not  true  for  we  can  never  aprove  yor  so 
doeing  and  shall  be  obliged  to  vindicate  our  owne  rights  therein  for  wee 
will  never  allow  that  any  Governo1  vpon  any  ptence  whatsoever  shall 
turne  out  a Deputy  that  is  so  apointed  to  bee  vnder  hand  and  scale  of 
any  Prop101  that  tending  towards  a rebellion  to  y®  crowne  arbitrary  power 
in  himself  and  the  outeing  of  the  rest  of  the  Prop10”  of  their  rights 

Wee  knowe  not  what  to  say  to  v®  protestation  of  our  Deputys  vntill 
wee  are  truly  Informed  of  y®  matter  of  fact,  they  sayeing  you  positively 
refused  to  governe  by  our  Instructions  or  rules  of  Goverment  and  you 
affirm  the  contrary  for  If  you  did  refuse  to  governe  by  our  Instructions 
wee  think  they  did  like  wise  and  honest  men  to  act  with  you  and  wee 
have  a very  good  Character  of  the  honesty  prudence  and  truth  of  sev- 
erall  of  them,  but  we  shall  suspend  our  judgem1  of  that  matter  untill 
yor  arrivall  in  England  and  that  wee  have  proof  of  the  allegations  on 
both  sides  We  do  not  aprove  of  any  reflections  upon  you  for  Actions 
in  Albemarle  and  shall  be  very  ready  to  shew  our  resentm1  thereof  as 
soon  as  you  have  cleard  yo'self  from  the  misdemeanors  and  opressions 
layd  to  yor  charge  by  the  Inhabitants  of  that  County  wch  misdemeanors 
are  viz1 

1 That  you  seizd  upon  two  persons  that  came  into  Albemarle  from 
Barbadoes  pretending  they  were  Pyratts  although  they  produced  cockets 
and  clearmts  of  their  goods  from  the  Governo”  of  Barbadoes  and  Ber- 
mudas 


COLONIAL  RECORDS. 


369 


2 That  you  kept  these  prsons  in  hard ' durance  without  bringing  or 
pretending  to  bring  them  to  trvall  In  \vch  hard  durance  Richard  Hum- 
phrey one  of  them  dyed  of  grief  and  ill  vsage. 

3 That  the  sd  Richard  Humphreys  made  a Will  before  his  death  and 
left  one  Thomas  Pollock  his  Executor  whom  you  would  never  admit  to 
prove  the  sd  Will,  though  often  required  by  the  sd  Pollock  to  permit  him 
to  prove  it  before  you  nor  would  not  so  much  as  suffer  the  Court  to  at- 
test that  v®  said  Pollock  had  offred  the  Will  to  prove  but  took  all  ye 
goods  into  yr  owne  hands  and  converted  them  to  yr  owne  vse 

4 That  the  sd  Pollock  haveing  sett  vp  his  name  to  come  for  England 
to  complaine  of  vr  Injustice  you  Imprisoned  him  without  shewing  anv 
reason  or  permitting  him  to  see  a copy  of  his  mittimus 

5 That  you  have  for  bribes  withdrawne  accusations  that  were  for 
felony  and  treason 

6 That  you  did  unlawfully  Imprison  one  Rolf  Cannon 

7 That  you  did  arbitrarily  and  vnlawfully  detaine  from  John  Stewart 
one  negro  and  seven  pewter  dishes 

8 That  you  did  Imprison  George  Durant  upon  prtence  of  his  haveing 
said  some  reflecting  words  of  vorself  and  did  compell  him  to  give  von  a 
bond  for  a sume  of  money  while  he  was  in  durance  and  did  afterwards 
on  prtenee  of  y®  bond  seize  upon  all  the  estate  of  the  said  George  Durant 
without  any  process  or  collor  of  law  arid  converted  the  same  to  vor 
owne  vse. 

9 That  you  did  vnjustlv  take  from  one  John  Tomlin  his  plantation. 

10  That  you  did  vnlawfully  detaine  the  Cattle  of  George  Mathews 
and  refused  to  deliver  them  although  there  was  an  order  of  court  for  it 

11  That  you  took  the  plantation  of  John  Harris  vpon  prtenceof  a sale 
of  the  same  to  you  by  the  said  Harris  although  you  knew  the  sd  Harris 
was  vnder  age 

12  That  you  vnlawfully  seizd  vpon  v®  estate  of  one  Mowberrv 

13  That  you  did  bv  vr  power  as  Governo®  and  proprietor  seize  upon 
severall  mens  estates  without  process  of  law  and  did  severall  other  vnjust 
and  arbitrary  actions  for  woh  misdemeanors  and  other  opressions,  the  In- 
habitants of  Albemarle  Imprisoned  you  with  intent  to  send  von  prisoner 
to  England  and  there  to  accuse  you  but  you  In  treated  them  not  to  send 
you  to  England  but  that  you  would  submitt  all  to  be  determined  by  the 
next  Generali  Assembly  who  accordingly  gave  Judgement  ag‘  you  In  all 
the  forementioned  particulars  and  compelled  von  to  adjure  the  Country 
for  12  months  and  the  Goverm*  for  ever  which  proceeding  of  vorself  and 
the  people  is  in  our  opinion  prejudicial  to  the  prerogative  of  the  Crown 

43 


COLONIAL  RECORDS. 


.‘570 


and  till!  horn/  and  dignity  of  vs  the  prop10"  Wherefore  as  in  duty  hound 
and  for  our  owne  vindication  Wee  are  resolved  to  have  this  matter  thor- 
oughly inquired  into  that  wee  may  take  such  course  for  the  p'venting 
such  disorders  for  the  future  as  shall  a pea  re  most  fitting  for  the  asserting 
of  their  Maty*  prerogative,  the  peace  of  the  province  the  just  libcrtys  of 
y*  people  and  vindication  of  ourselves  But  are  vnwilling  to  proceed  therein 
untill  we  have  first  spoken  with  you  Wherefore  desire  and  require  that 
you  come  speedily  for  England  that  wee  may  have  a full  and  clear  In- 
formation of  all  matters  and  bee  thereby  Inabled  to  know  how  to  pro- 
ceed and  If  you  shall  refuse  or  delay  to  come  Wee  cannot  avoid  thinking 
you  guilty  of  all  the  misdemeanors  layd  to  yor  charge  and  shall  be  con- 
strained for  our  own  vindications  and  to  shew  our  abhorrence  of  the  In- 
justice and  opression  practiced  by  any  of  our  number  to  lay  the  whole 
matter  before  the  King  and  pray  his  mandamus  for  yor  apearance  here  to 
answere  what  shall  be  objected  ag‘  you  woh  we  hope  you  will  not  com  pell 
vs  to  wee  being  vnwilling  to  make  you  a publick  shame  or  to  bring  you 
vnder  a prosecution  wee  ourselves  cannot  stop  when  once  begun. 

Our  Deputys  had  orders  from  vs  not  to  call  any  Parliam'  in  Carolina 
without  directions  from  us  vnless  some  very  extraordinary  occasion  should 
require  it  Wherefore  wee  cannot  blame  them  for  following  our  In- 
structions nor  can  wee  aprove  of  yor  Incourageing  the  people  to  petition 
for  a parliament  or  calling  one  because  they  did  petition,  tumultuous  pe- 
titions being  prohibited  bv  Act  of  Parliam'  here  with  a severe  penalty 
upon  such  as  shall  break  that  law  and  we  know  not  how  farr  such  ill 
example  In  Carolina  may  Influence  his  Majt,es  subjects  In  his  other 
American  plantations,  but  since  von  write  that  the  Inhabitants  have 
Intentions  to  depute  2 persons  for  our  better  Information  of  all  matters 
wee  have  directed  our  Deputvs  to  consent  to  the  calling  of  a Parlia*  for 
that  purpose,  for  any  Parlam'  called  by  you  with  consent  of  such  dep- 
utys as  are  not  duelv  Impowered  by  vs  wee  cannot  allow  to  be  a Par- 
liam'' nor  can  wee  tell  how  to  justify  our  own  consenting  to  any  acts  made 
by  such  Assembly. 

Wee  here  Inclosed  send  you  copie  of  some  Articles  vnder  the  hands 
and  seales  of  the  prop*0"  in  1(572  to  wch  mv  Lord  Clarendon  sett  his 
hand  and  seale  and  to  which  any  that  claime  vnder  him  are  bound  Wee 
have  no  thought  nor  Intentions  to  doe  you  wrong  or  Injury,  but  on  the 
other  side  wee  shall  not  permitt  ourselves  to  be  Imposed  on  nor  his 
Maj‘ys  Subjects  that  live  under  our  Governin'  to  be  o press'1  or  unjustly 
dealt  with  by  anv  prsons  whatsoever  and  shall  much  rather  surrender  our 
Governin'  to  the  King  than  suffer  it  If  it  bee  not  to  be  remedyed  other 


COLONIAL  RECORDS. 


371 


ways  for  wee  have  no  other  Interest  to  keep  the  Govern4  in  our  owne 
hands,  but  that  wee  may  be  able  to  assure  the  people  they  shall  not  be  oprest 
by  y®  Govern4  and  thereby  Incourage  them  to  goe  to  Carol  ina*to  take 
our  Land  and  pay  vs  the  rent,  for  it  is  not  our  Intentions  to  make  profit 
by  the  Govern4  ourselves  or  to  suffer  any  Officers  vnder  vs  to  opress  y“ 
people  by  extragant  fees  and  grow  rich  by  the  rune  of  y®  people  Wee 
rest  yor  affectionate  friends 
To  Seth  Sothell  Esq” 

P COLLETON  CRAVEN  Palatine 

JOHN  ARCHDALE  for  ASHLEY 

THO:  ARCHDALE  CARTERET 

THO:  AMY 


[B.  P.  K.  O.  America  and  W.  Tnd:  No.  (>37 — Extract.] 


COLL.  NICHOLSON  TO  LDS  OF  THE  COmITTEE  10  JUNE 

1691. 

James  Citty  in  Virginia  June  y®  10th  1691. 

May  itt  please  vr  Lord1’3 

* * * 

* * * * * 

If  ye  Petitions  of  y®  Councill  & Burgesses  & of  y®  Burgesses  alone 
(wch  I transmitt  to  vor  Lord1’8)  will  not  be  granted  I most  humbly  offer 
yl  they  may  lx*  kept  in  hopes  A have  noe  absolute  dcniall,  soe  long  as 
New  England,  Pensvlvania,  Maryland  & v®  two  Carolinas  are  unsettled 
(woh  1 suppose  will  ever  bee  (ill  their  Matvs  shall  be  graciously  pleased  to 
send  Gov”  into  those  Colonies)  for  they  may  be  fatal  1 examples  bv  en- 
courageing  y®  Mob  A now  they  harbour  our  Serv48  Debtors  & Slaves.  1 
hear  y4  at  South  Carolina  one  Mr  Southwell  who  was  banished  about 
eighteen  months  ague  by  y°  Mob  out  of  North  Carolina  now  heads  them 
there,  soe  v4  they  are  in  great  disorder  Pennsylvania  being  in  v°  hands  of 
y®  Quakers  & few  or  noe  Militia  to  defend  that  Country  if  attacqued  bv 
an  Enemy,  itt  may  bee  a retreating  place  for  them  & if  they  bee  of  Wil- 
liam Penn’s  pernicious  principles  they  may  hold  Correspondence  with  v* 
French  and  Indians  by  land  & w4h  the  first  at  sea  For  in  all  these  parts 
they  correspond  very  much  one  w4h  another  but  I have  putt  out  a Pro- 
clamation about  them  & all  y®  loose  Governm43  too. 

* * * * 

Yor  Lord1'*  most  obedient  humble  Servant 

FR.  NICHOLSON. 


372 


COLONIAL  RECORDS. 


[B.  P.  K.  O.  Viuuini a.  B.  T.  Vol.  5 B.  A.  p.  2.] 


ATT  A COUNCI LL  HELD  AT  JAMES  CITTY  8Ur  20th  1091 

Present 

The  Rt.  Honble  Francis  Nicholson  Esq"  Their  Maj*  Lieut.  Govr  & the 

Honbl“  Councill 

This  Board  takeing  into  their  consideration  that  the*  line  between  this 
their  Majts  Governm*  & the  Proprietary  Governm*  of  North  Carolina  not 
being  setled  occasions  great  dissatisfaction  to  the  inhabitants  adjacent  thereto 
and  for  that  this  Gov1  hath  always  granted  lands  to  the  lattitude  of  30 
and  never  any  Grant  or  Coiiiand  hath  forbidden  the  same  nor  claime 
made  on  this  side  that  latitude  till  of  late  some  of  the  Officers  of  the 
government  of  North  Carolina  have  disturbed  the  inhabitants  demand- 
ing levies  and  Quit  rents  from  them  pretending  the  Propriet" 
Grant  is  to  the  latitude  of  36J  And  to  the  end  it  may  be  knowne  to 
what  latitude  the  Propriet"  Grant  is  Mr  SecrT  Cole  is  ordd  to  write  to  Mr 
John  Porey  & desire  him  to  search  and  finde  out  whether  their  Grant  be 
confirmed  to  the  latitude  of  36  J under  the  Great  seale  of  England  And 
if  it  be  that  then  he  obtaine  their  most  Gracious  Ma‘es  Order  that  the 
Propriet"  at  such  time  as  this  Govern1  shall  appoint  cause  the  same  to  be 
laid  out  but  if  a Grant  be  not  confirmed  to  them  under  the  Great  Seale 
to  the  aforesaid  latitude  he  endeavour  to  hinder  the  same  by  setting  forth 
to  their  Maj®  that  it  will  be  a great  lessning  to  their  Maj*  quit  rents  of 
this  Colony  and  to  the  great  dissatisfaction  & discouragem*  of  these  in- 
habitants who  have  many  yeares  since  obtained  the  grants  of  those  lands 
and  lived  and  inhabited  thereon  as  alsoe  will  cause  great  alteration  in  the 
long  and  well  formed  settlem*  of  that  part  of  this  Govern*  by  taking 
away  a great  part  of  several  Counties  and  leaving  such  a small  slip  of 
land  in  this  Govern*  on  the  South  side  of  James  River  as  will  be  diffi- 
cult to  frame  in  a good  Method  And  the  land  soe  taken  away  not  con- 
venient for  the  Governm*  of  North  Carolina  lyeing  far  from  any  con- 
veniency  of  goeing  to  it  bv  water  except  they  come  into  this  Govern* 


COLONIAL  RECORDS. 


373 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  199.] 


William  Earle  of  Craven  Lord  Viscount  Craven  Baron  of  Hampstead 
Marshall  Palatine 

To  Collonell  Philipp  Ludwell  Governor  of  Carolina 

Whereas  It  is  agreed  by  the  Lords  Proptors  of  the  sd  province  that  the 
Palatine  should  name  the  Governor  I out  of  the  trust  and  confidence  I 
have  of  the  wisdome  prudence  Integrity  and  loyalty  of  you  Coll : Philipp 
Ludwell  doe  hereby  nominate  constitute  and  apoint  you  the  said  Coll. 
Philipp  Ludwell  to  be  Governor  and  Comander  in  Cheit  ot  Carolina 
with  full  power  and  authority  to  doe  act  and  execute  all  such  Jurisdic- 
tions and  powers  as  by  vertue  of  the  rules  of  Govenn*  and  Instructions 
given  by  myself  and  the  rest  of  the  Lords  prop*0”  of  the  sd  province  a Gov- 
ernor is  to  doe  and  exercise  and  you  are  to  follow  such  Instructions  as 
are  herewith  given  you  or  that  you  shall  hereafter  from  time  to  time  re- 
ceive from  myself  and  the  rest  of  the  Lords  Prop*0”  of  the  sd  province 
and  thus  to  continue  dureing  my  pleasure.  Given  vncler  my  hand  and 
seale  this  second  day  of  Novb8r  1091 

CRAVEN  Palatine 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  187.] 

INSTRUCTIONS  FOR  COLL.  PHILIP  LUDWELL  GOV- 
ERNOR OF  CAROLINA 

[8  November  1091.] 

1.  Wee  the  Lords  Proprietors  have  agreed  that  the  eldest  of  the  Lords 
Prop*0"  and  that  was  Proprietor  the  first  of  March  one  thousand  six 
hundred  sixty  nine  shall  be  Palatine. 

2.  But  after  the  decease  of  them  he  that  hath  been  longest  a Prop*°r 
and  hath  paid  the  full  proportion  with  the  rest  for  settling  the  Province 
shall  be  Palatine  but  after  the  year  One  thousand  seaven  hundred  and 
decease  of  those  that  were  Prop*0”  the  first  of  March  one  thousand  six 
hundred  and  sixty  nine  the  eldest  of  the  then  Lords  Prop*0”  and  who 
hath  paid  as  aforesd  shall  be  always  Palatine. 

3.  It  is  also  agreed  that  there  shall  be  seaven  other  great  offices  erected 
\ iz  : Admirall  Chamberlin,  Constable  Chief  Justice  Chancellor  High 


COLONIAL  RECORDS. 


374 


Steward  and  Treasurer  to  he  enjoyed  by  none  but  the  Prop10™  and  that 
upon  the  vacancy  of  any  of  these  offices  the  eldest  of  those  Prop*0”  that 
was  Prop10'  the  first  of  March  one  thousand  six  hundred  sixty  nine  shall 
have  his  choice  and  after  the  decease  of  those  he  that  hath  been  longest 
a Propt0r  and  hath  pd  his  full  proportion  of  money  that  hath  been  ex- 
pended in  the  settle jn1  of  the  Province  but  after  the  year  one  thousand 
seaven  hundred  the  eldest  man  of  the  then  Lords  Prop*0”  and  that  hath 
payd  his  money  as  above  shall  then  have  his  choice. 

4.  The  oldest  of  those  Prop*0”  that  were  soe  the  first  of  March  one  thou- 
sand six  hundred  and  sixty  nine  that  shall  be  in  Carolina  and  hath  payd 
his  full  proportion  of  the  money  expended  bv  the  Lords  Prop*0”  shall  of 
course  be  the  Palatines  Deputy  unless  the  Palatine  and  three  more  of 
the  Lords  Prop*0”  shall  otherwise  direct  under  their  hands  and  scales. 

5.  The  Palatine  is  to  name  the  Governor  and  the  Admirall,  the  Mar- 
shall of  the  Admiralty,  the  Chamberlain,  the  Register  of  Births,  and 
Marriages,  the  Constable  the  Marshall  of  the  Regim**  the  Chief  Justice 
the  Register  of  Writeings  and  Contracts,  the  High  Steward  the  Surveyor 
of  Land,  the  Chancellor,  the  Serjeant  at  Amies  attending  the  Chancery 
and  upon  any  man’s  producing  a Comission  from  any  of  the  Lords 
Prop*0”  under  1 1 is  hand  and  seale  for  any  Office  In  that  Prop*0"  disposal 
you  are  to  admitt  the  person  so  comissioned  to  the  execution  of  the  sayd 
office. 

G.  For  as  much  as  it  is  of  great  security  to  the  Inhabitants  of  Caro- 
lina that  no  ill  or  unjust  man  be  in  so  great  a trust  in  the  govern*  as  a 
Proprietors  Deputy  any  Deputy  of  a Lord  Prop*01,  howsoever  constitu- 
ted shall  cease  to  be  a Deputy  when  the  Palatine  and  three  more  of  the 
Lords  Prop*0"  shall  under  their  hands  and  seales  so  order  and  direct. 

7.  For  as  much  as  it  may  be  very  mischievous  to  the  Inhabitants  of 
our  Province  to  have  any  Governor  Deputy  or  any  Officer  in  the  choice 
of  the  respective  Prop*0”  not  in  the  power  of  the  Palatine  & Prop*0”  to 
be  removed  when  he  shall  act  unjustly  or  contrary  to  law  and  to  the 
oppression  of  the  people  or  contrary  to  the  peace  or  quiet  or  security  of 
the  Settlement  any  Govr  whether  one  of  the  Lords  Prop*0”  or  other  is 
to  cease  to  be  Governor  when  ever  the  Palatine  and  three  more  of  the 
Prop*0”  shall  under  their  hands  and  seales  signify  it  to  be  their  pleasure 
and  so  direct  or  when  any  six  of  the  Prop*0"  or  their  Guardians  if  under 
age  shall  under  their  hands  and  scales  soe  direct,  altho’  the  Palatine  be 
not  one  of  them. 

8.  Upon  the  death  of  anv  of  the  Lords  Prop”  you  are  not  to  admitt 
any  person  to  any  office  that  was  in  that  Prop*0”  disposeall  who  is  dead 


COLONIAL  RECORDS. 


37b 


bv  vertue  of  a Comission  from  another  Crop*01'  until  the  Palatine  and 
three  more  of  the  Lords  Prop40"  have  certified  under  their  hands  and  scales 
that  such  Prop' hath  right. to  and  is  admitted  unto  the  place  of  that 
Prop*01  who  is  deeeasd  and  had  dureing  his  life  time  power  of  disposeing 
of  the  sayd  place. 

9.  Wee  have  alsoe  agreed  that  each  of  the  Lords  Prop*0"  shall  nominate 
or  apoint  a Deputy  under  his  hand  and  seale  to  be  recorded  in  the  Sec- 
retary’s office  in  Carolina. 

10.  The  Lords  Prop*0"  Deputys  are  to  be  your  Council  1. 

If  it  shall  happen  that  any  of  the  Lords  Prop"  Deputys  shall  by  death 
or  departure  out  of  Carolina  cease  to  be  a Deputy  that  there  may  not 
be  a failure  in  the  Cover*  for  want  of  a due  number  of  Prop*0”  Deputys 
You  our  Governor  and  the  rest  of  our  Deputys  who  are  soe  by  Deputa- 
tion under  the  hand  and  seale  of  the  Proprietors  are  by  majority  of  votes 
given  by  ballot  to  choose  a person  to  be  a Deputy  for  that  Proprietor 
whose  Deputy  is  dead  or  departed  the  Province  who  shall  continue  to  be 
a Deputy  and  have  the  same  power  as  our  other  Deputy  unless  in  electe- 
ing  Deputys  untill  that  Prop*°r  shall  under  his  hand  and  seale  have 
apointed  another  Deputy. 

11.  You  our  sd  Governor  are  by  and  with  the  consent  of  any  three  or 
more  of  our  Deputys  test ifyed  by  their  signeing  the  Comission  and  where 
wee  ourselves  have  not  apointed  or  shall  not  apoint  a person  or  persons 
for  the  sd  office  to  constitute  a Chief  Judge  by  the  name  of  a Sheriff  with 
four  Justices  for  the  tryall  of  causes  in  any  of  the  Countvs  that  have 
fifty  freeholders  qualifyed  to  serve  on  Jun  es  wch  Sheriff  and  Justices  are 
to  take  an  oath  if  free  to  swear  for  the  due  administration  of  Justice. 

12.  Untill  any  County  have  a Court  erected  in  it  the  causes  of  the 
inhabitants  of  that  County  shall  be  tryed  in  that  County  that  lyes  next 
to  them  and  where  a County  Court  is  already  appointed  and  the  Inhabi- 
tants of  such  County  may  serve  as  Jurymen  untill  a Court  be  erected  in 
the  next  County  where  they  reside. 

1J.  All  processes  and  actions  to  be  tryed  in  the  County  Courts  and 
pleas  &o.  shall  be  entred  and  Records  kept  of  them  by  the  Clearke  of 
that  County  Court  where  the  Action  is  to  be  tryed  the  Clearkes  of  the 
respective  County  Courts  shall  be  appointed  by  the  Chief  Judge  or  sheriff 
woh  Clearkes  are  to  be  sworne  for  the  due  Execution  of  his  office  and  give 
security  by  his  owne  bond. 

1 1.  You  are  by  and  with  the  consent  of  our  Deputys  to  apoint  a Mar- 
shall to  each  County  who  is  to  execute  all  Writs  and  Executions  Issuing 
from  the  sd  Court. 


COLONIAL  RECORDS. 


376 


1 o.  All  process  Writs  and  Executions  Issueing  in  Actions  or  Causes 
to  be  trier!  before  vrself  and  our  Deputy-  shall  be  served  and  executed 
by  the  Provost  Marshall.  All  actions  Pleas  <fcc.  to  be  tryed  before  y'self 
and  our  Deputys  are  to  be  entred  by  the  Secretary  by  us  a pointed  and 
records  thereof  kept  by  him. 

16.  Yourself  and  our  Deputy-  are  to  hear  and  determine  of  Writs  of 
Error  from  the  Inferior  County  Courts  and  to  be  the  Court  of  chancery 
untill  wee  shall  otherwise  direct. 

17.  You  and  our  Deputy  are  to  heare  and  determine  all  Causes  Crimi- 
nal! and  Judgemu  thereon  to  give  and  execution  to  award  according  to 
Law  and  as  often  as  yourself  and  any  three  or  more  of  our  Deputys 
shall  think  it  fit 

You  are  also  hereby  Impowered  to  grant  Comissions  to-  such  other 
persons  as  yorself  or  any  three  or  more  of  our  Deputys  shall  think  fit 
to  heare  and  determine  all  Causes  Criminall  and  Judgemu  thereon  to 
give  and  execution  to  award  according  to  law. 

18.  And  if  it  shall  apeare  to  you  that  any  person  found  guilty  is  a 
fit  object  of  mercy  you  are  by  & with  the  consent  of  any  three  or  more 
of  our  Deputys  to  stop  execution  and  repreive  the  said  person  and  then 
you  are  forthwith  to  send  us  a copy  of  the  indictm*  and  an  aecot  of  the 
proofs  against  the  said  person  and  the  reasons  why  you  think  him  worthy 
of  mercy. 

19.  What  other  Officer  you  our  sd  Governor  and  our  Deputys  shall 
find  necessary  for  the  better  administration  of  justice  and  carrveing  on 
the  goverm4  and  for  woh  office  no  person  is  before  comissioned  by  us  or 
provission  made,  you  are  with  consent  of  our  Deputy  to  grant  Comis- 
sions for  & in  our  name  under  the  little  seale  apointed  for  the  use  of  the 
goverm4  in  Carolina  to  be  in  force  untill  it  shall  be  otherwise  directed  by 
the  Palatine  and  three  more  of  the  Lords  Prop40"  under  their  hands  and 
seales  or  a Comission  bv  them  granted  to  some  other  for  the  sd  place  un- 
der the  great  seal  of  the  Province  you  are  to  grant  no  Comission  but 
dureing  pleasure  only. 

20.  And  whereas  power  is  given  unto  us  the  Lords  Prop40"  by  vertue 
of  our  Letters  Patents  from  the  Crowne  to  make  ordaine  and  enact  and 
under  our  seales  to  publish  lawes  for  the  better  goverm4  of  the  sd  Prov- 
ince bv  and  with  the  advice  and  consent  and  aprobation  of  the  freemen 
of  the  sd  Province  or  their  delegates  or  the  major  part  of  them  and  in 
order  thereunto  to  assemble  them  in  such  maner  and  forme  as  to  us  the 
Lords  Prop40"  shall  seem  best  you  are  with  the  consent  of  any  three  or 
more  of  our  Deputyes  when  ever  you  shall  thinke  there  is  need  of  lawes 


C( )LON IAL  R EC( >R DS. 


.377 


for  the  better  and  more  peaceable  goverm1  of  the  inhabitants  of  our 
Province  in  our  names  to  Issue  writs  to  the  Sheriffs  of  the  respective 
Countves  to  choose  twenty  Delegates  for  the  freemen  of  Carolina,  viz 
five  for  Albemarle  County  five  for  Colleton  County  and  five  for  Berke- 
ley County  and  five  for  Craven  County  to  meet  and  in  such  place  and-in 
such  time  as  you  and  any  three  or  more  of  our  Deputys  shall  think  fit 
to  give  their  advice  assent  and  aprobation  to  such  Lawes  as  shall  be 
thought  reasonable  to  be  enacted  for  the  better  Goverm1  peace  and  wel- 
fare of  the  sd  Province  always  provided  that  the  said  laws  be  not  repug- 
nant to  the  Lawes  of  England. 

21.  And  that  there  may  be  no  dispute  about  the  bounds  of  Countys 
Wee  have  thought  fit  to  apoint  that  the  bounds  of  Albemarle  County  be 
from  the  great  river  called  Albemarle  River  on  Rvanoke  River  to  Vir- 
ginia, that  the  bounds  of  Craven  County  be  from  Sewee  twenty  three 
miles  to  the  North  East  along  the  shore  and  from  thence  thirty  five  miles 
in  a North  west  line  into  the  land  that  the  bounds  of  Berkly  County  be 
Sewee  in  the  North  East  and  so  along  the  Sea  to  Stonoh  river  to  the 
South  west  and  thirty  five  miles  back  into  the  Land  from  the  sea. 

22.  And  that  the  bounds  of  Colleton  County  be  Stonoh  river  on  the 
Northwest  and  Combehee  on  the  Southwest  and  thirty  five  miles  into  the 
land  in  a streight  line  from  the  Sea  and  where  the  rivers  nominated  for 
the  Northeast  A Southwest  bounds  of  any  County  doe  not  extend  full 
thirty  five  miles  from  the  Sea  in  a streight  line  the  bounds  of  the  sd  Coun- 
tys are  to  be  streight  lines  run  from  the  heads  of  the  sd  rivers  untill  it 
meet  wth  the  Northwest  bounds  of  the  sd  County  wuh  is  to  be  thirty  five 
miles  from  the  sea  and  no  more. 

23.  The  Countys  farther  up  then  thirty  five  miles  from  the  Sea  shall 
have  the  same  rivers  for  their  bounds  If  they  run  so  fair  up  but  if  the 
rivers  run  not  so  farr  then  a line  runeing  Northwest  shall  be  extended 
thirty  five  miles  farther  into  the  land  then  the  Northwest  bounds  of  the 
County  next  the  Sea  woh  lines  runeing  Northwest  shall  be  the  Northeast 
and  Southwest  bounds  of  the  s'*  County 

24.  And  when  any  County  shall  make  it  appeare  that  by  Grants  regis- 
tered in  the  Registers  Office  that  there  is  in  that  County  forty  freeholders 
you  are  then  to  issue  Writs  to  the  Sheriff  of  the  sd  County  for  the  choos- 
ing of  four  Delegates  to  rep'sent  in  the  Assembly  the  freemen  of  that 
County  and  then  you  are  to  issue  Writs  to  the  forenamed  Countys  for 
the  choice  of  four  Delegates  for  each  County  onely. 

25.  And  as  other  Countys  come  to  be  planted  and  make  it  apear  there 
is  forty  freeholders  in  the  County  you  are  to  issue  Writs  in  such  Countys 

44 


378 


COLONIAL  RECORDS. 


for  the  choice  of  four  Delegates  also  to  rep'sent  them  in  the  generall  As- 
sembly of  the  freemen  of  the  Province  and  before  any  County  have  forty 
free  holders  so  as  to  have  Writs  directed  to  it  for  the  choice  of  Represent- 
atives for  the  County  they  reside  in  they  are  to  give  their  votes  for  the 
choice  of  Delegates  in  the  County  next  to  them  that  is  qualify ed  to  choose 
Delegates. 

26.  At  the  same  time  that  you  issue  Writs  for  the  choice  of  Delegates 
for  the  County  you  are  to  send  Writs  in  our  names  to  each  of  the  Land- 
graves and  Cassiques  of  Carolina  to  convene  and  give  their  advice  and 
consent  in  tin1  passing  of  such  lawes  as  shall  be  thought  reasonable  and 
the  Landgraves  A Cassiques  are  to  sett  together  wth  our  Deputvs. 

27.  With  the  advice  and  consent  of  our  Deputvs  and  the  Landgraves 
and  Cassiques  and  Delegates  of  the  Freemen  thus  assembled  or  the  major 
part  of  them  you  are  to  make  ordaine  and  enact  such  lawes  as  shall  be 
thought  necessary  for  the  better  Goverrn4  of  our  Province  but  to  be  rati- 
fyed  by  yrself  and  three  or  more  of  our  Deputvs  under  their  hands  and 
seales  in  presence  of  the  Landgraves  A Cassiques  & Delegates  of  the 
Countvs  before  such  acts  be  published  or  allowed  to  be  lawes  wch  lawes 
soe  past  are  to  continue  in  force  for  two  years  A noe  longer  unless  within 
that  time  they  are  ratifyed  and  confirmed  under  the  hands  and  seales  of 
the  Palatine  and  three  or  more  of  the  Lords  Prop"  themselves  and  by 
their  order  published  in  the  Generali  Assembly. 

28.  Any  law  soe  past  before  it  hath  been  ratifyed  under  the  hands  and 
seales  of  the  Palatine  himself  and  three  more  of  the  Lords  Prop"  them- 
selves under  their  hands  and  seales  and  by  their  order  published  in  the 
Generali  Assembly  of  the  Landgraves  and  Cassiques  and  Delegates  for 
the  Countvs  shall  cease  to  be  a law  whenever  the  Palatyne  and  three  more 
of  the  Lords  Prop”  signify  their  Dissent  to  it  under  their  hands  and 
seales. 

29.  You  are  constantly  to  transmitt  to  us  all  lawes  past  as  soon  as 
possible. 

30.  You  our  Governor  are  by  and  with  the  consent  and  advice  of  any 
three  or  more  of  our  Deputys  to  adjourne  prorogue  and  dissolve  the 
Generali  Assembly  as  often  as  you  shall  think  it  requisit  so  to  doe. 

31.  Wee  having  long  since  thought  fit  to  take  all  the  Indians  reside- 
ing  within  four  hundred  miles  of  Charles  towne  into  our  protection  as 
Subjects  to  the  Monarchy  of  England  you  are  not  to  suffer  any  of  them 
to  be  sent  away  from  Carolina. 

32.  You  our  said  Governor  are  to  be  Comander  of  all  the  forces  raised 
or  to  be  raised  within  ye  limits  of  ve  Goverm*  over  whom  you  are  to  place 


COLONIAL  RECORDS. 


379 


officers  and  them  remove  at  your  pleasure  and  to  cause  the  sayd  forces  to 
be  duely  exercised  in  armes  and  to  doe  all  other  things  that  to  a Com- 
ander  in  Chief  doth  belong. 

33.  You  our  said  Governor  are  to  direct  the  meeting  of  our  Deputys 
as  often  as  you  shall  think  fitt. 

34.  If  you  our  sd  Governor  should  happen  to  dye  or  depart  the  pro- 
vince or  any  other  ways  to  be  out  of  the  Governm*  and  no  person  on  the 
place  Commissioned  by  the  Palatine  or  us  the  Lords  Proptors  Our  Will 
and  pleasure  is  that  the  prop"  Deputys  who  are  made  so  under  the  hands 
and  seales  of  the  Prop*0"  shall  choose  one  of  the  Landgraves  to  be  Gov- 
ernor. If  any  Landgrave  be  then  in  Carolina  and  against  whom  there 
is  no  objection  and  If  there  be  any  objection  against  the  sd  Landgraves 
being  Governor  they  are  to  transmit  the  sd  objection  to  us  but  If  there  be 
no  Landgrave  in  Carolina  against  whom  there  is  noe  objection  that  then 
those  our  Deputys  are  hereby  empowered  to  choose  one  of  those  our 
Deputvs  who  is  so  by  virtue  of  a Deputation  under  the  hand  and  seale 
of  a Propt0r  to  be  Governor  untill  another  shall  be  a pointed  by  the  Pala- 
tine and  If  there  be  no  Deputy  who  hath  a Deputation  under  the  hand 
and  scale  of  a Proptor  That  then  the  Deputys  may  choose  one  of  those 
Deputys  put  in  by  the  Governor  to  be  Governor  as  aforesaid. 

35.  You  are  to  be  very  Carefull  not  to  suffer  any  of  the  Inhabitants 
of  our  province  to  Comitt  any  acts  of  hostility  against  the  Spani  ards. 

36.  You  are  to  suffer  no  fines  to  be  lavd  on  any  one  for  misdemeanors 
by  them  comitted  but  to  our  vse  the  fines  soe  lavd  being  our  right. 

37.  You  our  sd  Governor  upon  any  misdemeanors  comitted  are  bv  and 
with  the  consent  of  any  three  or  more  of  our  Deputys  to  suspend  any 
Officer  in  Carolina  put  in  by  any  of  the  Prop*0"  except  our  Deputys  and 
our  Receiver  Generali  and  place  another  to  execute  the  sd  Office  in  his 
roome  untill  our  pleasure  be  knowne  and  while  the  said  Office  is  exe- 
cuted by  another  he  that  so  shall  execute  the  sd  Office  is  to  keep  an  acc° 
of  the  profits  of  the  sd  Office  and  be*  responsible  to  the  party  who  is  so 
suspended  for  the  profits  of  the  sd  Office.  If  wee  Ourselves  shall  think 
fit  to  restore  him  and  soe  direct  and  you  are  to  send  to  vs  the  reason  of 
such  suspension  that  we  ourselves  may  be  enabled  to  judge  If  there  be 
sufficient  cause  for  vor  so  doing  and  what  the  sd  party  doth  alledge  for 
himself. 

38.  Any  Officer  put  in  by  any  of  the  Prop*0"  If  he  execute  the  sd 
Office  by  a Deputy  is  to  take  such  Deputy  as  vou  our  Governor  and  our 
Deputys  shall  aprove  of  and  no  other. 

' 39.  You  are  to  take  all  Imaginable  care  to  see  the  acts  of  trade  and 
navigation  duely  to  be  observed. 


380 


COLONIAL  RECORDS. 


40.  You  arc  to  vse  yor  vttinost  endeavour  to  seize  any  Py rats  tliat  shall 
come  to  Carolina  and  you  are  to  prosecute  all  such  as  shall  presume  to 
trade  with  them  or  have  any  comcrce  with  them  contrary  to  law  to  all 
the  vttinost  rigor  the  law  allowes. 

41.  In  all  other  matters  not  limited  or  provided  for  by  these  our  In- 
structions you  our  sd  Governor  are  by  and  with  the  consent  of  any  three 
or  more  of  our  Deputys  to  make  such  Orders  from  time  to  time  for  the 
peace  and  safety  of  the  Government  there  as  to  you  shall  seem  necessary 
and  wee  ourselves  have  power  to  do  by  vertue  of  our  Chatter  from  the 
Crown  woh  orders  you  are  forthwith  to  transmit  to  vs  with  yor  reasons 
for  the  makeing  of  them  wch  orders  are  to  be  in  force  untill  wee  shall 
under  the  hand  and  scale  of  the  Palatine  and  three  more  of  the  Lords 
Prop40”  otherwise  direct  and  no  longer. 

42.  These  Instructions  shall  be  the  Rules  for  proceedeings  for  any 
succeeding  Governor  as  well  as  yorself  and  be  put  in  Execution  by  him 
untill  wee  shall  otherwayse  direct. 

43.  W ee  doe  hereby  repeale  and  make  voyd  all  former  Instructions 
for  the  Govern m‘  of  that  part  of  our  province  that  lyes  south  and  west  of 
Cape  feare  and  all  temporary  lawes  whatsoever  these  our  Instructions  be- 
ing to  be  yor  onely  rule  for  the  Governin''  of  the  future  untill  wee  shall 
otherwise  direct  but  our  powers  and  rules  for  granting  land  are  not  hereby 
revoaked  but  to  remaine  as  they  are  Giuen  vnder  our  hands  and  scales 
this  eighth  day  of  Novber  one  thousand  six  hundred  and  ninety  one. 

CRAVEN  Palatine 

JOHN  ARCHDALE  ASHLEY 

forTHO:  ARCHDALE 


THO: AMY 


P.  COLLETON 


[B.  P.  R.  O.  Colonial  Entky  Book.  No.  22.  p.  197.] 

ADDITIONAL  INSTRUCTION  FOR  COLLONELL*  PHILIP 
LU DWELL  GOVERNOR  OF  OUR  PROVINCE 
OF  CAROLINA 

If  you  shall  find  it  Impracticable  for  to  have  the  Inhabitants  of  Al- 
bemarle County  to  send  Delegates  to  the  General  Assembly  held  at 
South  Carolina  you  are  then  to  Issue  yor  Writs  to  the  Sheriff  of  Berkly 
County  to  choose  seaven  Delegates  for  that  County  and  to  the  Sheriff' of 
Colleton  County  to  choose  seaven  Delegates  for  their  County  and  to  the 
Sheriff  of  Craven  County  to  choose  six  Delegates  for  that  County  for 


COLONIAL  RECORDS. 


381 


the  Generali  Assembly  of  that  part  of  our  province  that  lyes  South  and 
west  of  Cape  fear  and  so  to  continue  vntill  more  Countys  are  planted  and 
shall  he  able  to  choose  Delegates  for  the  Generali  Assembly  as  is  apointed 
in  our  Instructions  bearing  date  the  eighth  day  of  Novber  One  thousand 
six  hundred  and  Ninety  one  If  you  shall  find  it  needfull  you  our  Gov- 
ernor are  and  are  hereby  Impowered  to  apoint  a Deputy  Governor  of 
North  Carolina  with  such  powers  as  you  shall  think  necessary  provided 
the  same  be  agreeable  to  and  do  not  exceed  those  by  vs  granted  to  yorself 
Given  under  our  hands  and  scales  this  eighth  day  of  Novr  1691 

CRAVEN  Palatine 

JOHN  ARCHDALE  ASHLEY 

for  THO  ARCIIDALE  P.  COLLETON 

THO  AMY 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  194.] 

PRIVATE  INSTRUCTIONS  TO  COLLONELL  PHILIPP 
LUDWELL  GOVERNOR  OF  CAROLINA 

[8  November  1691] 

1.  Mr  Seth  Sothell  and  the  people  of  Carolina  having  acted  contrary 
to  all  the  fundamentall  Constitutions  of  the  Government  and  Mr 
Mathews  who  pretends  to  be  impowered  by  the  people  assureing  us  the 
people  owne  none  Wee  have  made  vor  Instructions  sutable  to  our  Char- 
ter from  the  Crowne  and  the  people  desiring  a power  of  proposeing  in 
the  parlianf  without  passing  the  Grand  Councell  first  Wee  know  no 
further  use  of  such  a Councell  wherefore  you  are  to  call  nonesuch  untill 
the  people  shall  consent  the  proposeing  power  for  lawes  shall  be  in  the 
Grand  Couneill  as  was  directed  by  the  Constitutions. 

2.  Wee  haveing  heard  that  the  people  of  Carolina  complaine  of  hard- 
ships and  grei vances  that  are  upon  them  You  are  to  Impure  what  those 
hardships  and  greivances  are  and  represent  the  same  to  us  and  what  will 
be  tit  to  be  done  by  us  to  redress  them. 

3.  \\  liereas  it  hath  been  insinuated  tons  in  a paper  signed  by  Andrew 
Percivall  Hubert  Quarry  Ralph  Izzard  George  Mus-ehamp  John  Harris 
and  John  Berresford  That  James  Colleton  Esqr  our  late  Governor  did 
sett  up  Martiall  Law  thereby  the  better  to  Ingrosse  the  Indian  trade  to 
himself  you  are  to  make  strict  Inquiry  into  that  matter  upon  Oath  and 
give  us  yor  report  thereof  in  writeing  And  you  are  to  send  the  deposi- 


COLONIAL  RECORDS. 


.‘582 


tions  whereon  yor  report  is  grounded  to  us  And  you  are  to  examine  upon 
oath  such  witnesses  as  the  sd  James  Colleton  or  any  for  him  shall  pro- 
duce to  he  examined  for  his  owne  vindication  you  are  also  to  Inquire 
what  other  Injustice  or  extortion  was  practised  by  the  said  James  Colle- 
ton dureing  his  Goverm1  and  report  the  same  to  us  how  you  find  it. 

4.  Wee  are  Informed  that  some  of  the  Inhabitants  of  our  Province 
have  hill'1  severall  of  the  Indians  wdl  being  of  pernicious  Consequence 
not  onely  in  Carolina  but  to  all  others  his  Majesty’s  Subjects  in  the 
Northern  America  you  are  to  make  strict  Inquiry  thereof  upon  oath  and 
if  you  find  any  person  guilty  thereof  you  are  to  cause  them  to  be  In- 
dicted and  tryed  for  the  same  according  to  law  and  such  punishm1  In- 
dicted as  the  law  apoints  to  such  offenders  that  wee  may  bee  able  to 
acquit!  Ourselves  to  their  Majts  and  make  our  Justice  knowne  to  the 
Indians  and  all  the  world. 

5.  You  are  to  make  strict  Inquiry  upon  Oath  by  what  authority  Mr 
Berresford  and  any  other  acted  as  Deputy  and  whether  Mr  Sothell  refused 
to  suffer  any  to  act  as  Deputy  who  had  deputations  under  the  hand  and  scab* 
of  any  of  the  Propt0rs  and  send  us  the  depositions  taken  in  this  matter 
attested  by  yo'self  and  you  are  to  take  notice  that  there  were  no  Deputa- 
tions sent  by  any  of  the  Lords  Prop40™  by  Capt.  Dodson  except  a Depu- 
tation from  Sr  Peter  Colleton  to  Capt.  Joseph  Blake  and  the  blank  Depu- 
tation in  the  custody  of  James  Colleton  were  Intrusted  to  him  to  be  filled 
up  by  himself  onely  and  noe  other. 

(i.  You  are  to  make  strict  Inquiry  by  what  authority  Capt.  Robt. 
Quarry  sat  as  Judge  or  Sheriff  of  Berkly  County  and  if  you  find  his 
Comission  is  not  signed  by  three  legall  Deputyes  as  well  as  the  Governor 
or  by  any  other  Authority  duelv  derived  from  us  you  are  not  to  allow  of 
any  J udgenf  given  by  him  as  legall  but  look  upon  them  as  tryed  by  no 
legall  order. 

7.  You  are  to  restore  Paul  Grimball  Esq™  to  all  the  places  he  enjoyed 
under  us  and  out  of  which  he  was  put  and  you  are  to  suffer  the  sd  Grim- 
ball and  all  other  persons  to  take  his  course  at  law  against  any  person  or 
persons  whatsoever  that  hath  done  him  or  them  Injury  or  Injustice. 

8.  You  are  to  restore  Bernard  Skenking  Esq  to  his  place  of  Chief 
Judge  or  Sheriff  of  Berkly  County  Wee  haveing  had  no  complaints 
against  him  for  injustice  and  found  him  always  faithfull  to  us  and  you 
are  to  add  four  Assistants  to  him  of  whose  probity  and  loyalty  to  their 
Matys  and  fidelity  to  us  you  have  a good  assurance. 

9.  If  you  find  the  number  of  offenders  in  the  late  disorders  in  Caro- 
lina to  be  so  many  that  it  may  be  inconvenient  to  punish  all  you  are  then 
to  grant  our  pardon  to  all  (with  exception  to  such  as  have  been  guilty 


COLONIAL  RECORDS. 


383 


of  high  treason  towards  their  Majtes  and  willfull  murder)  1 >ut  some  few 
of  the  most  notorious  and  obstinate  offenders  and  against  whom  the  proof 
of  their  crimes  is  playnest  against  whom  you  are  to  proceed  at  law  It 
being  necessary  for  the  future  quiet  of  our  Province  to  have  some  made 
examples  or  to  be  at  mercy  at  least. 

10.  Wee  are  Informed  that  there  are  very  good  perle  in  some  rivers  of 
Carolina  wch  being  granted  to  us  by  our  Charter  you  are  to  consider  the 
properest  way  how  to  make  the  same  profitable  to  us  either  by  our  rente- 
ing  the  same  to  some  person  or  persons  or  what  other  way  you  shall  think 
fittest  for  us  when  you  are  upon  the  place. 

11.  You  are  to  encourage  all  people  that  will  to  reside  at  the  Sevanah 
towne  or  any  other  place  among  the  Indians  that  the  Inland  parts  of  our 
Province  and  the  strengtht  of  the  several  1 Nations  of  the  Indians  may  be 
fully  knowne. 

12.  You  are  to  suffer  all  persons  that  will  freely  to  trade  with  the 
Indians. 

13.  You  are  to  make  strict  Inquiry  upon  Oath  If  Mr  Sothell  did 
grant  any  Comission  to  Py rates  for  rewards  or  otherwise  woh  Jonathan 
Emery  knows  as  wee  are  Informed  who  had  twenty  guineas  for  procur- 
ing a Comission  from  sd  Sothell  and  if  you  shall  find  any  such  Comission 
was  granted  by  him  in  our  names  you  are  to  enter  our  dissent  to  it  on 
record  Incerting  that  such  a Comission  was  granted  without  our  consent 
and  knowledge 

14.  Wee  are  Informed  that  several  1 Persons  in  Carolina  not  desireing 
to  be  Incumbred  with  a rent  are  willeing  to  buy  their  Land  for  wch  rea- 
son wee  have  given  power  to  Our  Trustees  for  granting  land  to  sell  six 
thousand  akers  and  pass  grants  for  the  same  to  such  persons  as  shall  first 
have  payd  the  purchase  money  in  pieces  of  eight  after  the  rate  of  five 
shillings  the  piece  of  eight  to  Paul  Grimball  Esq.  our  Receiver  which 
you  are  to  Incourage  men  to  do  as  much  as  you  can. 

15.  You  are  to  direct  the  Surveyor  not  to  run  out  land  for  any  man 
North  of  Santee  River  untill  you  shall  receive  further  orders  from  us. 

lfi.  If  you  find  it  need  full  you  are  hereby  Impowered  to  apoint  a 
Deputy  in  North  Carolina 

17.  You  are  to  use  vor  uttmost  endeavour  to  reduce  tin*  people  to  a 
sober  vert  nous  manor  of  life  by  punishing  all  debauchery  and  profane- 
ness 

18.  If  you  find  there  hath  been  rnonays  illegally  collected  or  extorted 
from  the  people  you  are  to  cause  restitution  to  be  made  in  a legall  maner 
and  with  the  least  disturbances  to  the  quiett  of  the  place  as  you  can 


COLONIAL  RECORDS. 


384 


19.  You  are  to  put  none  in  Office  in  Carolina  that  are  .suspected  not  to 
be  friend  to  the  pres1  Goverm1  here. 

20.  You  are  to  make  strict  entpiiry  upon  oath  If  Mr  Sothell  did  refuse 
to  governe  by  our  Instructions  and  send  the  depositions  and  yor  owne 
report  how  you  find  it  to  us. 

21.  You  are  to  use  vor  uttmost  endeavor  to  make  a set  lorn1  of  a Towne 
remote  from  the  Sea  to  be  hereafter  the  seat  of  the  Goverm1 

22.  You  are  to  make  strict  Inquiry  what  rents  or  other  payments  are 
due  to  us  and  give  us  an  ace1  thereof  as  soon  as  possible 

These  our  Instructions  and  as  many  of  them  as  you  shall  think  fitting 
you  are  to  shew  or  keep  private  as  to  you  shall  seem  best. 

Given  under  our  hands  and  seales  this  eighth  day  of  Novb,r  one  thou- 
sand six  hundred  ninety  one. 

JOHN  ARCHDALE  for  CRAVEN.  Palatine 

THO:  ARCHDALE.  ASHLEY 

P.  COLLETON. 


THO.  AMY. 


[B.  P.  R.  O.  Colonial  Entry  Book.  No.  22.  p.  201.] 


London  this  of  Deeber  1691 

Wee  have  reed  severall  Letters  and  papers  from  you  wch  wee  would  have 
answered  fully  now  but  that  we  want  further  Information  in  some  par- 
ticulars which  wee  hope  wee  shall  lie  satisfyed  in  soon  after  the  arrivall 
of  our  Governo1  Coll:  Philip  Ludwell  amongst  you.  Wee  were  ex- 
tremely troubled  when  wee  heard  of  the  sufferings  of  the  Inhabitants  of 
North  Carolina  by  the  arbitrary  proceedings  of  Mr  Seth  Sothell  which 
unjust  and  Illegal  actions  wee  abhor  and  have  taken  the  best  care  wee 
can  to  prevent  such  for  the  future  And  that  all  men  may  have  right 
done  them  who  have  suffered  by  him.  Wee  shall  always  endeavour  yor 
good  and  welfare  and  to  make  peace  plenty  and  happiness  to  florish 
amongst  you  you  Wee  comitt  you  to  the  protection  of  Allmighty  God 
and  rest 

Yor  very  affectionate  friends 

CRAVEN  Palatine 
ASHLEY 

To  Our  Councill  Magistrates  and  CARTERET 

Inhabitants  of  that  part  of  our  P.  COLLETOiS 

Province  of  Carolina  that  lyes 
North  and  East  of  Cape  fear 


385 


COLONIAL  RECORDS. 


1692. 


[B.  P.  R.  O.  America  & W.  Inu:  No.  637.] 


VlRGa 

To  the  R*  Honbl  their  Ma*  Lein*  Gov1'  & the  PIonw°  Couneill  of  State. 

In  obedience  to  an  ordr  of  the  R*  Honble  the  Lei  lit*  Govr  & the  honMe 
Council]  beaming  date  the  22d  8br  1691,  At  the  month  of  Weyanock 
River  orCreeke  being  a Branch  of  the  great  River  of  Roanoak  otherwise 
called  Chawan  & Albemarl  River,  being  alsoe  the  bounds  of  the  prtended 
Iattr  Grant  to  the  Lords  Propryet"  of  Carolina. 

Upon  the  8 & 9th  day  of  March  An”0 1691-2  together  with  Mr  William 
Heslett  my  Assistant,  & divers  other  persons  that  accompanyed  mee,  I 
made  two  sev11  observacons  of  the  sunns  altitude  at  Noone,  & find  the 
Latitude  of  the  Mouth  of  the  sd  Weyonock  River  or  Creeke  to  be  North 
Lattitude  36  deg:  25  min: 

I further  observed  that  at  that  place  the  Course  of  the  said  River  of 
Weyonock  runns  up  Westerly  tending  40  or  50  deg8  Northerly  & the 
course  of  the  Blackwatr  runns  up  at  that  neare  North. 

I alsoe  set  my  Instrum1  due  East,  and  was  Informed  by  v°  Indians, 
that  it  directed  to  the  Plantation  of  Tho:  Gough,  an  Inhabitant  in  Sum- 
erton  (a  Settlem*  of  sev6'  Plantations  in  the  County  of  Nanzemond)  about 
ten  miles  distant. 

The  next  day  being  the  10th  of  Marclj  proved  very  Rayney. 

On  the  11th  day  1 went  to  Sumersett  a fores'*  near  to  the  place  directed 
by  the  Indians  where  we  made  an  observacon  of  the  Sunns  Meridian  Al- 
titude (haveing  a very  fair  observation)  <fr  find,  that  to  be  in  the  Latitude 
of  36  deg:  27  Min:  North.  Soe  that  if  these  observacons  be  true  and 
exact;  An  East  line  (being  the  Reverse  of  their  Grant)  from  Weyonock 
will  include  the  Plantations  of  Snmerton,  and  all  North  of  that  line  into 
this  Goverm*  But  leaves  Bennetts  Creeke,  Buckland,  Sarum  &c.  out. 

The  16th  of  March  I set  out  for  Corotuck  Inlett  to  which  place  1 came 
the  19th  of  the  same  A upon  a place  called  Cowpenpoint  on  the  North 
side  of  Corotuck  River,  or  Inlett,  Wee  observed  ye  Suns  Meridian  Alti- 
tude to  be  57:  deg5  20  min**  by  woh  the  latitude  of  that  place  is  North  36 
degs  28  min*8. 

1 alsoe  observed  by  my  lustrum*  that  a West  line  from  thence  went 
over  Knots  Island;  leaveing  the  greatest  part  of  that  Island  on  the  South 


45 


COLONIAL  RECORDS. 


:i8(> 


side  the  West  line,  but  could  from  thence  make  no  further  observations 
of  the  beareing  of  any  remarkable  Settlem**  Contiguous  to  the  place. 

But  I sent  the  said  Mr  Harslett  round  the  Sound  & sand  banks  to  a 
j)laee  called  Chases  point,  (being  near  70  Miles  about)  to  make  observa- 
tions of  the  Mouth  of  North  River  & No:  West  River,  \vch  are  in  y® 
Countyes  of  Princess  Ann  & p‘  in  Lower  Norfolk,  who  hath  to  me  re- 
ported that  a West  line  from  Corotuck  aforesaid  runns  over  p‘  of  Chases 
point,  & excludes  Cap1  Gibbs  plantation,  being  oil  the  point  of  the  Neck, 
betweene  North  & North  west  river  aforesd,  & Crosses  North  West 
River  about  three  Miles  from  the  mouth  thereof,  according  to  a Scheeme 
or  Platt,  thereof  ready  to  be  delivered  to  yor  Honor 
I returned  home  the  22nd  March. 

Yor  Hon”  most  humble  & obedient  Servant 

THO:  MILNER. 


1693. 


[Records  of  Perquimans  Precinct  Court.J 

AT  A COURT  HOLDEN  AT  THE  HOUSE  HARRIS, 

FIRST  MUNDAY  IN  MAY  1693 

Present 

Thomas  Lepper  J 

1 will  well  and  truly  as  Clarke  of  this  Court  enter  all  such  orders  as 
shall  be  directed  to  mee,  and  wilbe  truly  ffaithfull  in  all  such  records  as 
shall  be  committed  to  me  in  charge,  1 wilbe  secret  in  \v‘  shalbe  required 
of  me  by  this  Court  to  be  kept  and  according  to  the  best  of  my  skill  and 
knowledge  execute  the  office  aforesaid  so  help  me  God 

EDWARD  MAYO. 

A Will  of  Robert  Smiths  was  proved  bv  the  oat  lies  of  Thomas  Steele 
and  Elizabeth  Godfrey 

Ordered  that  Jonathan  Bateman  & .John  Durant  be  appraisers  of  the 
said  estates. 


Caleb  Calloway 
John  Parrott’ 


Esq 


COLONIAL  RECORDS. 


387 


Ordered  that  John  Godfrey  Jonathan  Bateman  and  John  Durant  be 
appraisers  of  the  estate  of  Thomas  Slaughter  & Margarett  Slaughter 
St6  Manering  vers  Rob  Beasley 

In  an  action  of  the  case  refered  to  the  Jury  ffoll : the  Jury  finds  no 
cause  of  Action. 

St6  Manering  vers  Rob.  Wilson 

In  an  action  of  defamation  referred  to  y®  Jury  ffoll:  the  Jury  finds 
no  cause  of  Action.  Ordered  y*  Stephen  Mannering  pay  all  costs  alias 
Execution. 

St6  Manering  vers  Rob  Wilson 

In  an  action  of  ejectment  referred  to  the  Jury  ffoll:  The  Jury  finds 
no  cause  of  action.  Ordered  y*  Stephen  Mannering  pay  all  costs  alias 
Execution. 

Mrs  Wollard  vers  Edw  Smithwick 

In  an  action  of  ejecttn*®  referred  to  the  Jury  ffoll : The  Jury  finds  for 
Plantf  wth  costs.  Ordered  that  the  High  Shriefe  or  his  deputy  put  ye  sd 
Sarah  Wollard  in  possession  of  her  plantation  lying  in  Chowan  as  she 
was  formerly  w"  Mr  Edward  Smythick  did  dispossess  her  of  the  same  & 
doe  pay  costs 

Rich  Pope  ver  John  Philpott 

No  declaration  appearing.  Ordered  a nonsuite  wth  Costs : alias  Exe- 
cution 

Jn°  Philpott  ver  Richard  Pope 

In  an  action  of  perjury  referred  to  the  Jury  ffoll:  the  Jury  finds  no 
cause  of  action  Ordered  the  plan**  pay  all  Costs  of  suite,  alias  Execu- 
tion. 

Jn°  Philpott  ver  Richard  Pope 

In  an  action  of  Perjury  referred  to  y®  Jury  ffoll:  y®  Jury  finds  no 
cause  of  action.  Ordered  y*  the  plan*f  pay  costs  of  sute  alias  Execution. 
Hannaball  Hoskins  ver  Patrick  Henley 

In  an  action  of  y®  case  refered  to  v®  Jury  ffoll:  the  Jury  finds  no 
cause  of  action  — 

Joseph  Hallott  ver  Patrick  Henley 

In  an  action  of  the  case  y®  Plan**  having  showed  no  declaration.  Or- 
dered y*  the  Plan**  be  nonsuited  and  pay  costs  alias  Execution. 

Mary  Parke  ver  Rob.  Wallis 

In  an  action  of  v®  cace.  Ordered  a nonsuite  wi‘h  Cost  alias  Execution. 


COLONIAL  RECORDS. 


388 


Henderson  Walker  Attorney  to  Tho:  Swan  Attorney  to 
Sarah  Lamb  of  New  England  ver  John  Dann 
In  an  action  referred  to  y®  Jury  Hull : y®  Jury  finds  no  cause  of  Ac- 
tion. 

Hen.  Palin  JuNr  vers  Dan1  Prichard  Jun1- 

The  action  called  no  declaration  appering  Ordered  a nonsuite  wth  Costs 
Tim®  Pead:  Mr  Rich  Ewins:  \P  A nth”  Dawson  : Mr  Geo : Branch : 
Mr  Israel  Snelling:  Mr  Tho.  Twidde:  Mr  Nich®  Dawes:  Mr  Jn®  Lille: 
Mr  Jn®  Stepne : Mr  James  Hogg:  ffirst  Jury. 

Mr  Ralph  fflecher:  Mr  Christo1,  Butler:  Mr  Tim®  Clare:  Mr  James 
Thigpen:  Mr  Tho.  Pierce:  Mr  Patrick  Kenedy:  Mr  Ste:  Mannering : 
Mr  Robt.  Brightwell  : Mr  Geo.  Eames:  Mr  Isaac  Wilson:  Mr  John  Wil- 
loughby: Mr  tfraneis  fibster:  Second  Jury. 

Upon  petition  exhibited  by  Isaac  Wilson  praying  an  ordr  of  this  Court 
for  4 dayes  attendance  and  4 (laves  coming  and  going  for  wch  an  order  is 
granted 

Upon  a petition  of  Robert  Beaslv  praying  an  ordr  of  this  court  foure 
dayes  attendance  and  six  dayes  goeing  and  coming  for  wch  an  ordr  is 
granted 

Johana  Beaslv  upon  a petition  prayes  an  Order  for  one  day  attendance 
and  one  day  coming  and  going  for  wch  an  ordr  is  granted 

Upon  a petition  of  Wm  Lacy  Junr  praying  an  order  for  3 dayes  at- 
tendance & two  dayes  coming  and  going  in  November  Court  and  in 
May  Court  one  day  attending  and  2 dayes  coming  being  sumoned  by 
Robert  Wilson  for  vvch  an  ordr  is  granted 

Upon  a petition  of  Patrick  Kenady  praying  an  order  for  three  dayes 
attending  and  one  day  coming  and  one  day  going  in  November  Court 
and  in  fiebruary  Court  one  day  attending  and  one  day  coming  & one  day 
going  and  in  May  Court  one  day  attending  & one  day  coming  <&  one  day 
going  at  y®  sute  of  Rolf  Wilson  ag*  Mannering  for  wch  an  ordr  is  granted 
Diana  fibster  records  her  marke  an  undr  keele  and  over  keele  on  the 
right  ear  and  a cropp  and  3 slitts  on  the  left  ear. 

Upon  petition  of  Ralph  ffletcher  praying  an  ordr  for  10  dayes  attend- 
ance at  y®  court  and  ten  dayes  coming  and  going  for  wch  an  ordr  is  granted. 

Upon  a gene11  petition  exhibited  to  the  Court  by  seve11  Persons  pray- 
ing an  ordr  for  their  attendance  at  Court  to  W itt  John  Wallis  2 dayes  in 
fiebruary  Court  and  in  May  Court  3 dayes  for  himselfe  and  3 dayes  for 
his  wife  John  Chapman  in  february  Court  2 dayes  Joana  Beasley  wife  of 
Robert  Beasley  in  february  Court  2 dayes  and  Robert  Beasley  & his 
wife  in  Mav  Court  each  3 dayes  and  Andrew  Davis  ftebruarv  Court  2 


COLONIAL  RECORDS. 


389 


dayes  and  in  May  Court  3 dayes  Isaac  Wilson  in  May  Court  3 dayes 
Mr  Ralph  ffletcher  one  day  Peter  Gray  one  day  Janies  Thigpen  3 dayes 
John  fflowers  in  fferuary  Court  2 dayes  and  in  May  Court  3 dayes  for 
\vch  an  order  is  granted. 

Ordered  y‘  Cap1  Thomas  Relfe  he  paid  for  3 dayes  attending  the  Court 
on  y®  action  depending  between  Mr  Rich  Pope  & Mr  John  Philpott 
Upon  proveing  a noate  by  Mr  Caleb  Calloway  ordered  that  be  lie  paid 
to  him  thirty  shillings  out  of  the  estate  Guvles  Long  disceased. 

ALEXr  LILLINGTON 
CALEB  CALLOWAY 
JOHN  BARROW 
THO.  LEPPER 


1694. 

[B.  P.  R.  O.  North  Carolina.  R.  T.  Vol.  4.  p.  17.] 

William  Earle  of  Craven  Palatine  John  Earle  of  Bath.  Anthony  Lord 
Ashley  George  Lord  Carteret  Sr  John  Colleton  Barr1  Seth  Sothell  Tho. 
Archdale  and  Thomas  Amy  Esq”  the  true  and  absolute  Lords  and  Pro- 
prietors of  ye  Province  of  Carolina 

To  our  Trusty  and  Wellbeloved  John  Archdale  Esqr  Governor  of  South 
and  North  Carolina 

W ee  y®  said  true  and  absolute  Lords  and  Proprietors  of  y®  Province 
aforesaid  reposeing  speciall  trust  and  confidence  in  v®  Courage  Loyalty  & 
prudence  of  you  y®  sd  John  Archdale  do  hereby  constitute  and  apoint  you 
during  our  pleasure  Governour  of  our  whole  province  of  Carolina  And 
you  are  to  doe  and  execute  all  things  in  due  nianer  & forme  that  shall 
belong  to  your  comaud  or  y®  trust  wee  have  repos’d  in  you  according  to 
y®  severall  powers  granted  you  bv  this  prsent  Comission  Wee  doe  hereby 
further  Impower  constitute  and  apoint  you  our  s'1  Governour  to  be  Ad- 
inirall  Capt  Generali  and  Comander  in  chief  of  all  y®  forces  raised  or  to 
be  raised  both  by  sea  and  Land  within  our  sd  province  and  over  them  to 
apoint  a Lieutenant  Generali  or  Lieutenant  Generalls  N ice  Admirall  or 
Vice  Admiralls  both  of  South  and  North  Carolina  and  Wee  doe  hereby 
farther  Impower  you  upon  all  occasions  during  yor  abode  in  America  to 


COLONIAL  RECORDS. 


390 


constitute  a Deputy  or  Deputy  Governors  both  in  South  & North  Caro- 
lina during  yor  pleasure  and  to  constitute  and  apoint  all  and  singular 
offices  in  and  for  the  Governm*  of  our  sd  province  during  yor  pleasure 
and  y‘  pleasure  of  vs  ye  Lords  proprietors  Wee  doe  hereby  I m power  you 
at  your  departure  from  Carolina  to  England  to  apoint  & constitute  a 
Deputy  Governour  or  Deputy  Governors  both  in  South  and  North  Caro- 
lina with  such  powers  onely  as  have  been  given  by  vs  to  ye  present  Gov- 
ernour Thomas  Smith  W ee  do  farther  give  you  full  power  and  authority 
with  y®  advice  and  consent  of  any  three  or  more  of  our  Deputys  to  grant 
and  sell  land  in  fee  reserving  twelve  pence  for  one  hundred  acres  ^ an- 
num as  an  aknowledgement  and  to  settle  y®  cpiitt  rents  by  Patents  or 
Indentures  and  by  such  a methode  as  you  our  Governour  with  any  three 
or  more  of  our  Deputys  shall  think  fitt  soe  as  when  money  cannot  be  had 
a true  value  may  be  settled  in  y*  best  of  such  Comoditys  as  y®  Countrey 
is  capable  of  producing  Wee  doe  farther  Impower  you  to  escheat  Land 
and  afterwards  to  left  it  for  rent  or  sell  y®  same  And  wee  do  hereby  far- 
ther Impower  you  our  sd  Governour  by  and  with  y®  advice  and  consent 
of  our  Councell  and  Generali  Assembly  of  Our  Province  or  any  part 
thereof  wherein  there  is  a distinct  Governin'  to  alter  any  former  Laws 
that  shall  be  thought  fitt  to  be  changed  and  to  enact  all  such  reasonable 
laws  and  Statutes  for  y®  better  Goverm*  of  our  sd  Proce  as  you  wth  y®  ad- 
vice and  consent  of  our  Counoell  and  Generali  Assembly  shall  think 
expedient  provided  y®  sd  Laws  be  not  contrary  to  y®  powers  granted  to  vs 
in  our  Charter  from  y®  Crowne  and  as  nere  as  possibly  agreeable  to  y® 
fundamentall  Constitutions  excepting  in  what  relates  to  Jurys  wherein 
wee  have  already  given  directions  And  wee  doe  hereby  Repeale  and  make 
voyd  all  other  Comissions  given  by  vs  to  former  Governors  of  our  sd 
province  Given  vnder  our  hands  and  y®  great  Seale  of  our  province  this 
31°  of  Aug1  1694 


CRAVEN  Palatin 

(x) 

BATH 

(x) 

A ASHLEY 

(X) 

CARTERET 

(X) 

Wm  THORNBURH  for 

Sr  JOHN  COLLETON 

(X) 

THO:  AMY 

(X) 

COLONIAL  RECORDS. 


391 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  IV.  p.  21.] 


FURTHER  INSTRUCTIONS  FOR  JOHN  ARCHDALE  ESQ1 
GOVERNOR  OF  CAROLINA 

Whereas  Collonell  Ludwell  our  late  Governor  of  North  Carolina  hath 
Informed  us  by  his  Letter  bearing  date  the  1st  of  May  1694  that  he  hath 
granted  our  lands  of  Albemarle  County  at  a farthing  ^ aker  and  pre- 
tends a power  by  vertue  of  an  ancient  grant  in  ye  time  of  y®  Governf  of 
Mr.  Stephens 

1 W ee  do  hereby  Impower  you  our  Governor  to  make  Inquiry  into 
y*  same  and  if  you  shall  find  any  such  Authentique  Grant  vnder  our 
hands  and  seales  &e  you  are  hereby  Impowered  to  allow  & aprove  of  y® 
same  and  to  grant  lands  in  y®  sd  County  of  Albemarle  onely  at  a farth- 
ing ^ aker 

2 You  are  to  signify  unto  our  Inhabitants  of  North  Carolina  that  v* 
sd  County  of  Albemarle  is  by  us  aproved  to  be  only  that  part  that  Joines 
to  Virginia  and  on  y®  southerne  part  is  separated  by  Albemarle  Sound 
and  Chewan  River 

3 Because  that  y®  southern  part  of  Albemarle  Sound  and  y°  Sound  of 
Pemlico  lye  nere  vnto  y*  sd  County  of  Albemarle  and  have  not  y®  ad- 
vantages good  harbours  for  shipping.  Wee  therefore  Impower  you  our 
sd  Governor  for  y®  Ineouragement  of  settling  those  parts  woh  lye  north  of 
Cape  Fear  to  lett  any  of  y®  sd  land  at  such  moderate  quitt  rents  as  you 
in  your  discretion  shall  think  most  reasonable  but  not  under  half  penny 

aker  for  every  aker  yearly  to  vs  and  our  heirs  for  ever 

4 Whereas  Landgrave  James  Colleton  late  Governor  of  Carolina  com- 
plaines  in  his  Letter  to  vs  of  y®  19°  of  July  1694  that  not  one  peny  of 
his  Sailary  of  2004'  ^ annum  was  paid  him  during  all  y®  time  of  his 
Government  woh  was  all  most  four  years  you  are  to  settle  all  ace*8  wth  him  and 
order  y®  Receiver  Generali  for  y®  time  being  to  pay  him  y®  ballance  that 
shall  apeare  to  bo  Justly  due  to  him  after  having  first  deducted  the  yearly 
rent  of  his  Barony  for  all  y®  time  he  hath  enjoyed  it  but  at  20£  ^ an- 
num in  consideration  of  his  sufferings  on  our  behalf  during  his  Goverm* 

o You  are  to  endeavour  also  for  y®  better  regulating  and  y®  eneourage- 
nf  of  y®  people  that  shall  hereafter  come  to  inhabit  that  tract  of  land 
that  lyes  North  of  Cape  Fear  and  South  of  Albemarle  County  to  erect 
as  many  Countvs  as  you  in  yor  Discretion  shall  see  convenient  and  to 
give  them  such  names  as  you  alsoe  shall  think  fitt 


COLONIAL  RECORDS. 


35)2 


(5  You  arc  alsoe  hereby  Empowered  wth  3 more  of  our  Deputy*  to  sell 
land  in  Albemarle  County  for  what  you  can  reasonably  obtaine  but 
not  vnder  ten  pounds  y®  1000  akers  reserving  an  aknowledgement  of 
five  shill:  v*  1000  akers  yearly  and  not  vnder  to  vs  and  our  heirs  for 
ever  Given  vnder  our  hands  and  scales  this  17"  of  October  1094 


AT  A COURT  HOLDEN  AT  THE  HOUSE  OF  DIANA 
FFOSTERS— THE  FFIRST  MUNDAY  IN  FFEB- 
RUARY  ANN"  DO.  1693-4 


Wilkesons  Vers  Lillington  & Hartley 

A Judgin'*  Contest  by  Major  Lillington  & Mrs  Susanna  Hartly  as 
Attorneys  to  Cap1  George  Clark®  for  £35:  T9:  wth  Cost  alias  Execution : 
Ordered  that  Major  Alexander  Lillington  & Mrs  Susanna  Hartly  in  their 
Capaeityes  aforesaid  doe  pay  unto  Collo11  Wm  Wilkeson  y®  Sume  of  £35: 
19  Cost  as  aforesaid 

Wilkeson  Exe®  to  Jno  Davis  Vers  Lillington  Att  to  Holland 

A Judgin'®  confest  by  Major  Lillington  as  Attorney  to  John  Holland 
of  Virginia  for  y®  Sume  of  £4:  s2:  d6.  due  to  y®  sd  Wilkeson  Execute® 
to  Mr  John  Davis  diseea8:  Ordered  y*  Majo®  Lillington  in  his  capacity 
aforesaid  pay  unto  Coll11  Wilkeson  y®  Sume  of  £4:  s2:  d6.  wth  Cost  Alias 
Execution. 

Mason  vers  White 

In  an  action  of  y®  Cace  referred  to  y®  Jury  ffollowing  Mr  John  Phil- 
pott  Mr  Patrick  Henly  Mr  Richard  Smith  Mr  John  ffendall  Mr  John 
Tweegar  Mr  Tim"  Clare  Mr  Wm  Butler  Mr  Richard  Chested  Mr  Thomas 
Horton  Mr  Roger  Snell  Mr  Robert  Beasley  Mr  Cornelious  Lerry:  Or- 


CRA V EN  Palatine 
BATH 


(X) 

(X) 


W“  THORNBURGH  for 
S®  JOHN  COLLETON  (X) 
THO.  AMY  (X) 


[Records  of  Perquimans  Precinct  Court.] 


Present 


COLON  I AL  REC(  )RDS. 


393 


dered  that  the  defend1  pay  unto  the  plan11:  517:  d6:  wth  Cost  alias  Execu- 
tion 

Philpott  vers  Nowell 

Mr  John  Philpott  wthdrawes  the  action  ag*  Rich  Nowell. 

Mr  Tho  Lepper  has  proved  Ten  rights  whose  names  are  as  f olio  wet  h 
Tho.  Kent  Ann  Kent  Sarah  Kent  Rebecca  Kent  Ann  Kent  John  Thomas 
\Vm  Brown  Wm  Brickstone  Tho  Lepper  Nicholas  Robeson 

Caleb  Calloway  enters  ffoure  Rights:  Dan"  Pembrooke  Tho  Merrett 
an  Indian  Boy  in  all  ffoure.  Arthur  Long 
II  a blow  vers  Hopkins 

In  an  action  of'  the  Cace  referred  to  ye  Jury  ffoll  the  Jury  finds  for  y® 
Plan*  £4:  00:  d4  wth  Cost  alias  Execution. 

A deed  of  Gift  acknowledged  in  Court  by  Roger  Snell  to  Jonathan 
Taylor 

Hopkins  vers  Harlow 

In  an  action  of  the  cace  nothing  appearing  Ordered  a Nonsuite  wth 
costs  alias  Execution 

A Will  of  Mr  George  Durants  proved  in  Court  by  the  oath  of  Mr 
John  Philpott  Mr  ffraneis  fibster  and  that  Mr  George  Musohamp  Mr 
Charles  Jones  and  Mr  John  West  be  appraisers  of  the  said  estate 

A Will  of  Mr  Seth  Sothells  Proved  in  Court  by  the  oaths  of  Collo11 
Wilkeson  Cap1  Henderson  Walker  and  Sarah  Wollard 
Young  vers  Hartly  Executrix  to  Tho.  Slaughter 

In  an  action  of  the  cace  referred  to  ve  next  Court 

An  assignm*  acknowledged  from  Cap4  Henderson  Walker  as  Attorney 
to  Mrs  Alice  Wade  to  Mr  Patrick  Balv. 

A petition  exhibited  by  Elizabeth  Arnord  praying  an  apprasem*®. 
Ordered  that  William  .John  Godfrey  be  appraisors  of  ye  estate  of  Laur- 
ence Arnold  disceased  & that  a true  inventory  be  given  unto  the  next 
Court  upon  oath 
Burnsby  vers  Devillard 

In  an  action  of  deteynue  referred  to  ye  Jury  ffoll  the  Jury  finds  no 
cause  of  action. 

Ordered  that  Wm  Burnsby  pay  all  Cost  alias  Execution 
Evins  vers  Devillard 

In  an  action  of  Debt  bv  bill  a jiidgm*0  oonfest  by  the  Defend*  for 
2401b  of  Porke 

Ordered  that  satisfaction  me  made  accordingly  wth  Cost  alias  Execu- 
tion 46 


COLONIAL  RECORDS. 


Plater  vers  Toms 

The  Defend1  not  appearing  a nonsnite  is  granted  with  Cost  alias  Exe- 
cution 

Plater  vers  Manwering 

A nonsuite  is  craved  and  granted  with  Costs  alias  Execution 
Dawson  vers  Lerry 

'Fhe  plantf  & defend1  being  called  the  plan*'  not  appearing 

Ordered  a nonsuite  with  Cost  alias  Execution 
Butler  vers  Mackdannel 

In  an  action  of  debt  referred  to  ye  .Jury  tfoll.  The  Jury  find  no  cause 
of  Action  Ordered  that  the  plantf  pay  cost  alias  Execution 

Mrs  Durant  enters  for  her  two  Grand  Children  a young  sorrell  mare 
with  a star  in  her  forhead  Called  Bonne  the  same  mare  & her  increase  & 
increases  to  to  Ann  and  Elizabeth  Waller  to  them  and  their  heires  for  ever. 

Thomas  Lepper  has  proved  ten  Rights  in  ye  County  Court  Tho  Kent 
Ann  his  wife  Sarah  Kent  Rebeccah  Kent  Ann  Kent  Junr  John  Thomas 
Wm  Brown  Wm  Brickstone  Tho  Lepper  Nicholas  Robeson 

John  Barrow  proves  three  rights  bv  importation  Robert  Tester  Si- 
mon Smith  and  a negroe  Jean 

Thomas  Pierce  has  proved  his  rights  being  Thomas  Pierce  John 
Pierce  Susanna  Ruth  Pierce  Dorothy  Pierce  Mary  Pierce  Mary  Bridges 
John  Wilkeson  and  John  Pierce  in  all  nine  R ights 

Hannah  Gosby  has  entered  nine  Rights  Jno.  Gosbv  Jn°  Anderson 
John  Kinsey  Richard  Waterlow  Kathrine  Kinsey  Jean  Anderson  & 3 
hands  from  Jno  Northcoate  Joseph  Hepworth  Jeremiah  White  & Henry 
Clay  senr  in  all  nine  Rights 

Peter  Gray  Proves  two  Rights  for  himselfe  transporting  twice  into  the 
Governin'*  and  one  given  him  by  John  Twegar 

John  Bently  enter  for  importation  Richard  Bently  Jean  Bently  Mary 
Bently  Sarah  Bently  a negroe  Boy  a Negroe  Woman  an  Indian  Boy  in 
all  Seven  Rights 

Roger  Snell  enters  for  importation  Roger  Snell  Rebecca  Snell  John 
Snell  Mary  Snell  Walter  Castle  in  all  five 

Jenken  Williams  enter  one  right  for  himselfe 

Tim0  Clare  has  proved  foure  Rights  Tim0  Clare  ffrancis  Belchamp 
Edmond  Rodman  Richd  ffox  Junr  in  all  foure. 

Sam11  Niccols  has  proved  his  rights  being  Chrissor  Nicoolson  Hannah 
his  wife  Deliverance  Sutton  Sam11  Niceolson  ffrances  Simons  Hannah 
Niccolson  in  all  Six  Rights. 


COLONIAL  RECORDS. 


395 


Thomas  Harloe  has  proved  his  Rights  Thomas  Harloe  Mary  Harloe 
Mary  Harloe  Jno  Harloe  in  all  ffoure. 

Christo1"  Butler  has  proved  his  Rights  Christo1"  Butler  his  wife  & two 
children  and  a negroe  girl  in  all  five. 

John  Durant  has  proved  his  rights.  John  Durant  Sarah  Durant  one 
Sertt  named  Judith  in  ali  three 

William  Godfrey  has  proved  his  rights  being  Prudem  Hallum  John 
Hallum  Elizabeth  Hallum  Wm  Godfrey  Sarah  Godfrey  in  all  five  rights 

A Petition  of  Cornelius  Lerry  exhibited  to  the  Court  praying  a qui : est. 

James  ffewox  has  proved  James  ffewox  Ann  ffewox  Robert  ffewox 
Edith  Batchelor  James  Wilson  Ann  Wilson  Alice  Wilson  John  Wilson 
in  all  eight  Rights. 

Edward  Mayo  has  proved  his  rights  being  Edward  Mayo  Sen1"  Ed- 
ward Mayo  Junr  Sarah  Mavo  Ann  Mayo  Elizabeth  Mayo  three  negroes 
John  Nixon  Em  Nixon  Ann  Nixon  Affrica  Pike  Samuel  Pike  in  all 
thirteene 

Turloe  ffee  has  proved  his  rights  namely  Turlo  ffee  Daniel  ffee  being 
two 

John  Mason  has  proved  his  rights  being  Morgan  Thomas  and  his  wife 
and  two  children  and  a highred  man  named  John  Haws:  in  all  five 
Rights. 

William  Butler  proves  his  rights  being  William  Butler  Diana  Butler 
in  Number  two. 

Richard  Nowell  has  proved  his  rights  being  Richard  Nowell  Joan 
Nowell  John  Smith  Ellinor  Nowell  Charles  Taylor  George  Tavlor  Mary 
Tavlor  Olliver  Nowell  Alice  Nowell  in  all  nine 

George  Deere  has  proved  his  rights  being  Jeane  Critohell  and  John 
Dear  and  by  Hannah  Harrison  Edward  Harrison  Hannah  Harrison 
Joseph  Williams  Wm  ffyan  Hannah  ffvan  Mercy  ffvan  Elizabeth  ffvan 
Lvdia  Harrison  in  all  tenn  persons 

George  Young  has  proved  his  rights  nanielv  Edward  fibster  Perthe- 
sia  fibster  and  George  Young  in  all  three 

Tabitha  Haskett  has  proved  her  rights  being  John  Gray  and  Tabitha 
his  wife  John  Gray  Thomas  Grav  John  Grav  in  all  five  Rights 

Charles  Maekdaniel  has  proved  his  Rights  being  Charles  Mackdaniel 
Elizabeth  Maekdaniel  Thomas  Wallingforde  Samuel  Powel  in  all  ffoure. 

\\  illiam  Laev  has  Proved  his  Rights  being  Martha  Rouse  John 
Rouse  Marv  Rouse  Martha  Rouse  W™  Lacey  Sen1"  Grace  Lacey  John 
Davis  Jean  Davis  Wm  Lacey  Junr  in  all  nine  Rights 

James  Loadman  has  proved  his  Rights  being  Hubbart  Lambert  Jeane 
Buvard  his  Mother  & James  Loadman  in  all  three  Rights 


COLON  I A L RECORDS. 


396 


Stephen  Mainvering  has  proved  hi<  rights  I » -i 1 1<^  Edward  Berry  An- 
drew Kinsley  .John  Dead  man  Robert  Brightwell  Senr  Alice  Brightwell 
Robert  Brightwell  JunT  Richard  Barker  John  Caselton  Stephen  Man- 
wering  being  in  all  nine  Rights 

Thomas  Hossold  has  proved  his  Rights  being  himself  twice  transported 
M ary  Hossold  Thomas  Hossold  Junr  Thomas  Snowden  in  all  five  Rights 

John  Northcoate  has  proved  his  Rights  being  Henry  Clay  Senr  Mary 
Clay  Henry  Clay  Jnnr  Preeilla  Clay  two  Servants  Joshua  Hep  worth 
Jeremiah  White  John  Northcoate.  Three  of  these  rights  are  sold  to 
Hannah  Gosby  being  in  the  whole  Seven  Rights 

Anthony  Dawson  has  proved  his  Rights  being  himselfe  and  John 
Chapman  in  all  two  Rights 

Mr  Patrick  Bale  has  proved  his  Rights  being  himself  Lucy  Harvy  a 
Ncgroe  Woman  Margrett  Hamelton  two  Rights  John  Hudson  Simon 
Daxter  in  all  Seven  Rights 

Richard  ffox  has  proved  his  Rights  being  Richard  ffox  George  ffox 
William  ffox  Mary  ffox  in  all  ffoure  Rights 

William  Bartlett  has  proved  his  rights  being  Wm  Bartlett  Senr  Eliza- 
beth Batlett  William  Bartlett  Junr  Thomas  Bartlett  Michael  Bartlett  in 
all  five  Rights 

Robert  Beasley  has  proved  his  rights  being  himselfe  Sarah  Beasley  his 
wife  James  Beasley  Johanna  Beasley  Richard  CheJtone  Sarah  Chestone 
in  all  Six  Rights 

ALEXr  LILLINGTON 
CALEB  CALLAWAY 
JOHN  BARROW 
THO  LEPPER 


AT  A COURT  HOLDEN  Ye  7th  OF  AUGUST  ANN0  D 1G94 


Psent 


Major  Alexandr  Lilli 
Mr  Henry  White 
Mr  Thomas  Lepper 
Mr  John  Barrow 


Jurors  Names  Mr  John  Porter  Junr  Mr  Patrick  Kenady  Mr  Arthur 
Karlton,  Mr  Geo  Branch  Mr  Isaac  Rowden  Mr  Anth0  Dawson  Mr  John 
ffendall  Mr  Jos  Sutton  Mr  Isaac  Wilson  Mr  John  Wade  Mr  John  Mason 
Mr  John  Bentley 

A Bill  of  sale  acknowledged  in  Court  by  James  Johnson  and  his  wife 
to  Cap4  Relfe  ffletcher. 


COLONIAL  RECORDS. 


397 


Ordered  that  Cornelius  Lerry  doe  make  his  appearance  at  the  next 
County  Court  then  and  there  to  make  his  defence  ag4  a petition  of  John 
Bentley 

In  an  action  of  ye  caee  referred  y°  Jury  ffoll.  the  Jury  finds  for  the 
Plantf  w4h  cost  alias  execution  (foster  : ag4  Hopkins 

A deed  of  Gift  acknowledged  in  Court  by  Ann  Parish  formerly  Ja- 
cocks  and  John  Parish  her  husband  to  her  son  John  Hulfton. 

Hopkins  ver  Burroughs 

In  an  action  of  the  case  no  cause  of  action  appearing  Ordered  a non- 
suite. 

Stanley  ver  Tomey 

In  an  action  of  debt  by  Bill : an  ace4  appearing  ag4  the  bill  & sworn 
unto  by  the  defend4  ordered  a nonsute. 

King  ver  Williamson 

In  an  action  of  y9  case  it  was  agreeed  upon  by  the  Plan41  and  defend4 
that  Cap4  Antho.  Dawson  & !Mr  Stephen  Mannering  doeaudite  and  fully 
determine  the  matter  betwixt  v9  plantf  and  defend4  and  if  they  cannot 
agree  wthin  them  selves  then  the  arbitrators  to  Chuse  an  umpire  who 
shall  make  a finall  determination  in  relation  to  v9  condition  exhibited  to 
y9  Court  who  fine  due  to  Mr  King  8761b  of  tobacco  and  all  things  cleare 
betwixt  them  ordrd  that  Rich'1  Williamson  pay  6761b  Tobacco  w4h  Cost 
alias  Execution. 

Articles  of  agreenp’acknowedged  in  Court  by  John  (foster  and  Stephen 
Pane  to  be  their  voluntary  act  and  deed  : 

Belman  ver  Mannering 

In  an  action  of  tfalse  Molestation  there  being  an  error  in  y9  declara- 
tion. Ordered  a nonsuite. 

The  Court  adjourned  till  tomorrow  morning. 

Thomas  King  being  Indited  for  felloniously  stealing  seve"  Goods  from 
M"  Diana  fibster  and  others  referred  to  y9  Grand  Jury  Jurors  names  as 
followeth  Mr  John  Porter  Junr  Mr  Stephen  Manwering  Mr  Robert 
Brightwell  Mr  John  Hopkins  Mr  Christo1  Butler  Mr  Henry  Norman  Mr 
Patrick  Henley  Mr  John  Belman  MT  Andrew  Recde  Mr  Wm  Butler  Mr 
Michael  Conner  Mr  Geo:  Mathews  Mr  Robert  Midline.  The  Grand 
Jury  went  out  and  brought  in  their  verdict  Ignoramus: 

Mra  Diana  fibster  hath  given  unto  Wm  Willoughby  a Cow  and  Calfe  y* 
marke  is  an  over  keele  and  under  keele  on  y*  left  ear  A a cropp  A foure 
slitts  on  y9  right  ear  to  him  and  his  heirs  for  ever 


398 


COLONI A L RECORDS. 


Hartly  vers  Gaskin 

In  an  action  of  Trover  & Conversion.  Ordered  to  be  referred  to  the 
next  Court 

Thomas  Hassold  enters  one  hundred  and  fifty  acres  land  lying  in  Pe- 
quimons  River  on  y®  N.  Est  side  of  y®  River  betweene  y®  land  of  Mr 
Sain1  Pricklove  and  Thomas  Attoway 

A petition  .exhibited  to  y®  Court  by  Eliza  Arnold  shewing  that  her 
husband  Lawrence  Arnold  left  his  estate  to  his  son  John  Arnold  to  be 
enjoyed  at  13  yeares  of  age  but  being  uncapable  to  mannage  it  by  reason  of 
his  tendr  yeares  prayeth  to  chuse  Jonathan  Bateman  for  his  Guardian: 
Ordered  y*  Jonna:  Bateman  be  his  Guardian  and  that  his  Mother  doe 
bring  in  an  Inventory  of  all  the  sd  estate  to  y®  next  Court. 

Upon  a petition  exhibited  bv  Jabell  Alford  praying  to  have  liberty  to 
chuse  a Guardian.  Ordered  that  the  said  Jabell  Alford  be  bound  to  M" 
Susanna  Hartley  Widow  untill  lie  be  one  and  twenty  yeares  of  age  & that 
y®  said  Mrs  Hartly  be  bound  and  enter  into  bond  to  learne  him  the  trade 
of  a Carpenter  or  Joyner  wthin  y®  said  time. 

Upon  a petition  exhibitted  by  Thomas  Hassold  shewing  y*  a child 
named  Thomas  Snoden  was  left  wth  him  by  his  ffather  in  Law  Edmund 
Pirkins  upon  condition  to  pay  him  GOO  pounds  of  Tobacco  ^ aim®  for  his 
Dyatt  Ordered  y*  the  said  Thomas  Snoden  serve  the  said  Hassold  un- 
till his  ffather  in  Law  come  for  him  or  els  till  he  arrive  at  y®  age  of 
twenty  one  yeares 

A deed  of  conveyance  from  Cap*  Henderson  Walker  to  Edward  Wil- 
son y®  8°  of  Aug*  1G93 

A deed  of  Conveyance  from  Daniel  Oneale  to  Christopher  Butler 
acknowledged  in  Court  y®  8th  of  Aug*  1693 
Hartley  vers  Cobb 

Upon  an  attach m*®  ag*  the  estate  of  Thomas  Cobb  upon  y®  aeco**  of  M* 
Thomas  Slaughter  y®  evidence  not  appearing  referred  to  the  next  Court 

Wm  Gaskin  enters  for  his  son  Wm  Gaskin  two  cowes  over  halfe 
on  y®  right  ear  and  a cropp  & a slitt  on  v®  left  eare  & one  cow  slit  on. 
both  eares. 


HENRY  WHITE 
JOHN  BARROW 
THO.  LEPPER 


COLONIAL  RECORDS. 


399 


AT  A COURT  HOLDEN  AT  Y®  HOUSE  OF  Mrs  DIANA 
FFOSTER  THE  FFIRST  MUNDAY  IN  NOVEMbr 
BEING  Ye  6th  DAY  OF  THE  MONETH 
1693  [1694] 


Stephens  vers  Tomes 

In  an  action  of  defamation  referred  to  v°  Jury  ffo:  Jurys  names  Mr 
Patrick  Henley:  John  Twegger  Isaac  Rowden,  William  Jennings  Row- 
land Buckley  Christo1,  Butler  Cornelius  Lerry  : Rich:  Cragg  Nich0  Crisp 
Stephen  Scott  Junr  Mr  John  Reyley  Nich0  Symons  the  Jury  finds  no 
cause  of  action  Ordered  y*  Tho:  Stephens  pay  all  costs  alias  exec" 

A Bill  of  Sale  acknowledged  in  Court  by  Wm  Bartlett  to  Wm  God- 
frey 

A Bill  of  Sale  from  Wm  Godfrey  to  Wm  Bartlett  Senr  was  acknowl- 
edged in  Court 

A Bill  of  sale  acknowledged  in  Court  from  Jn°  Hawkins  to  Wm 
Bartlett  Senr 

A Bill  of  sale  acknowledged  in  Court  from  Wm  Bartlet  to  WiTi  God- 
frey. 

A Letter  of  Attorney  proved  in  Court  by  the  oath  of  Wm  Duckin- 
field  & John  Reyley  from  Henry  Lvle  and  his  wife. 

A deed  of  Gift  acknowledged  by  John  Reyley  from  Henry  Lyle  to 
Mr  Duckinfield  in  behalfe  of  John  Jones. 

Wade  vers  Scott  jun' 

In  an  action  of  y®  Case  referred  to  y°  Jury  ffoll  the  Jury  finds  for  v® 
plaintf  w‘h  cost  of  sutc  and  that  Stephen  Scott  pay  unto  Jn°  Wade  six 
pounds  and  have  y®  Mare  & coult  where  ever  to  be  found  he  paying  all 
cost  alias  Execution. 

Upon  an  attach  in*  laid  by  M™  Susana  Hartly  on  y*  estate  of  Thomas 
Cobb  for  eight  pounds  woh  being  proved  Ordered  the  sd  Labour  done  on 
y®  s'1  land  be  praised  by  Patrick  Henley  Ar  Stephen  Scott  Jun'  and  if  they 
cannot  agree  between  themselves  then  to  eh  use  an  umpire  who  shall  make 
a finall  determination 

A deed  of  Sale  acknowledged  in  Court  by  Jn°  fflowers  & Susan  his  wife 
to  Tim0  Clare. 

A Warrw  of  Attorney  to  Mr  Wm  Glover  proved  by  the  oath  of  Peter 
Gray:  tiro  Stephen  Paine  & John  tfoster 


400 


COLONIAL  RECORDS. 


Tomes  vers  Muschamr 

In  sm  action  of  ye  cace  for  want  of  evidence  ordered  A Xonsuite 
that  the  plantf  pay  all  Cost  * 

A Caveat  entered  ag‘  the  estate  of  M”  Stewart  by  Coll"  Win  Wilkeson 
& Capt  Henderson  Walker  for  about  seven  pd  fourteen  shillings  by  Bill 
under  hand  and  seale 

Ordered  yk  M"  Anne  Stewart  have  letters  of  Administration  and  y*  Mr 
Caleb  Calloway  <&  Mr  John  Barrow  be  appraisers  of  the  sd  Estate  and 
y*  an  Inventory  of  y®  sd  Estate  be  returned  into  ye  office  upon  oath 
Toms  vers  Taylor 

In  an  action  of  y®  case  referred  to  y®  Jury  tfoll  ve  Jury  finds  for  ye 
plantf  y®  whole  acco‘  abating  1 £ 12s  OOd  out  of  the  acco1  the  whole  aeco‘ 
being  26  : 08  : lOd. 

A Bill  of  Sale  acknowledged  in  Court  by  Mr  Dan11  Akehurst  to  yc 
Honeb1®  Seth  Sothell  in  behalfe  of  Mr  Samuel  Hill  of  Virginia  and 
Mary  his  wife 
Devillard  vers  Bell 

In  an  action  of  ye  Case  referred  to  y°  Jury  tfoll : y®  Jury  finds  for  y® 
planu3£:  14s:  lOd  Ordered  Mr  John  Bell  pay  to  Jacob  Devillard  the 
sum  abovesaid  wth  Cost  alias  Execution 

Upon  a petition  exhibited  to  y®  Court  bv  Mr  John  Hunt  praying  yl 
Mrs  Ann  Durant  delivr  all  Books  papers  and  writings  belonging  to  the 
estate  of  Mr  Wm  Terrell  Disceased  Ordered  vl  the  sd  M"  Ann  Durant 
doe  forth wth  deliver  to  Mr  John  Hunt  surviving  executor  of  Mr  Wm 
Terrills  estate  all  papers  bookes  and  A ritings  belonging  to  Mr  Wm  Ter- 
rel’s estate 

Upon  an  agreem*  made  between  Mr  Richd  Pope  & Mr  Jacob  Devillard 
to  Joyne  Issue  wherupon  ve  Jury  went  out  and  found  for  y®  aforesd  Mr 
Richd  Pope  v6  Horse  wth  Cost  Ordered  that  the  aforesd  Mr  Pope  have  ye 
Horse  wth  Cost  alias  Execution. 

Hunt,  vers  Mayo  Attor  to  J.  Gibbs 

In  an  action  of  ye  cace  referred  to  v®  Jury  tfoll : the  J ury  finds  for  y®  plantf 
six  pounds  wth  Cost  Ordered  y‘  Edward  Mayo  Attorney  to  Jno  Gibbs  esqr 
pay  to  Jno  Hunt  the  sd  suine  of  six  pounds  wth  Cost  alias  Execution. 
Chambers  vers  Brown 

In  an  action  of  ye  Cace  no  Evidence  to  the  Lettr  of  Attorney  appear- 
ing ordered  a refference 
Lowton  vers  Pollock 

In  an  action  of  ye  cace  yc  Plantf  not  being  prepared  to  come  to  a tryall 
ordered  a nonsuite  wth  Cost. 


COLONIAL  RECORDS. 


401 


A Will  of  Zachary  yerkin  proved  in  Court  by  the  oaths  of  Mr  VVm 
Glover  & Wm  Keeto : 

A Bill  of  enditem*®  was  Brought  ag‘  Wm  Shreenesand  presented  to  y° 
Grand  Jury  ye  Grand  Jury  finds  Billa  vera  ye  Petty  Jury  was  sent  out  A 
found  y®  Prisor  guilty  of  Petty  Larceny  & so  returned  y®  Bill  whereupon 
he  was  ordered  by  the  Court  to  have  30  lashes  upon  his  naked  back 
stript  to  his  wast  A sevearly  Whipt  and  be  bound  to  serve  for  his  Phees 
one  yeare  and  half  from  this  day  9brs  9th  to  his  Mr  John  Hatton  besides 
his  former  Indenture  of  ffive  yeares 
Pope  vers  Philpott 

In  an  action  of  y®  cace  referred  to  y®  Jury  ffoll  the  Jury  finds  for  y® 
plantf  nine  pds  foure  shill  and  two  pence 

Ordered  y*  the  defendt  pay  to  the  plantf  nine  pds  four  shillings  & two 
pence  wth  Cost  alias  Execution 

Alexandr  Lillington  esqr  enters  a caviat  ag*  the  estate  of  Jn°  Crosland 
for  twenty  two  shillings  in  porke  by  Bill. 

Caleb  Calloway  enters  a Caviatt  ag‘  the  sd  estate  for  for  7s  3d  in  porke 
A J of  a Bore  Barrow 

Mr  Thomas  Harvey  enters  a Caviat  for 

Mr  Thomas  Gillam  enters  a Caviat  for  8£  by  acco: 

Ordered  y‘  the  estate  of  John  Crosland  be  X Romane  in  v"  hands  of 
Xtopher  Butler  untill  y®  next  Precinct  Court  in  Chowan. 

Ordered  y‘  A "'  Mancell  A Mary  his  wife  be  paid  for  eight  days  atten- 
dance comeing  and  going  to  Court  being  summoned  by  Phillip  Thomas. 

The  Court  Adjourned  till  tomorrow 
Morning  seven  a clock 

Ordered  y*  John  Key  ley  being  sum4  by  Mr  Tho:  Lowton  be  paid  for 
3 days  attending  y®  Court  A one  day  comeing  and  one  day  gocing : 

Ordered  y‘  Tho : White  be  paid  for  3 days  attendance  and  one  day 
coming  A one  dayes  going  being  summoned  by  Edmond  Chambers: 

A Bill  of  enditem'®  was  brought  ag'  Robert  White  A Vincent  White 
his  son  A presented  to  y®  Grand  Jury  The  Grand  Jury  finds  Billa  vera 
The  petty  Jury  was  sent  out  and  they  brought  their  verdict  they  found 
y®  prisoners  guilty  of  Grand  Larceny  A they  craved  the  Benefit  of  y® 
clargev  woh  being  granted  Ordered  that  thev  be  branded  in  v®  hand  wththe 
letter  T:  upon  v®  Brawn  of  y®  left  thumbe  wch  was  executed  accordingly 
on  Rob1  White;  y®  other  reteined  to  long®  Time  or  be  delivered  by  the 
Palatines  Court 


402 


COLONIAL  RECORDS. 


A petition  exhibited  by  David  Prichard  .Iunr  I >«i ner  summoned  by 
Matthew  Kelly  as  an  evidence  attended  the  Court  1 days  & a day  eome- 
ing  & a day  goeing  ordered  y‘  y®  s'J  David  Prichard  be  paid  accordingly. 

A petition  exhibited  bv  Win  .Joy  being  summoned  bv  Matthew  (al- 
ley & has  attended  4 dayes  on  y®  Court  & a dayes  coming  and  a day 
going. 

Ordered  y*  the  sd  Joy  be  paid  accordingly. 

A Petition  exhibited  by  Phi  1 1 Evins  being  sumoned  by  Matt  Callin  & 
has  attended  v®  Court  4 dayes  A a day  coming  and  going.  Ordered  y‘ 
the  sd  Phill:  Evins  be  paid  accordingly. 

Gillam  vers  Smithick 

In  an  action  of’  the  Cace  ve  Jury  being  sent  out  and  returning  their 
verdict  for  y®  Plantf  the  defen1  craves  an  Injunction 
Toomey  vers  Peade 

In  an  action  of  Debt  by  Bill  referred  to  ye  Jury  ff oil : the  jury  finds 
for  y®  plan'*  Ordered  that  Timo:  Pead  pay  unto  John  Toomy  thirty  shill 
in  porke  wth  Cost  alias  Execution. 

Susana  Harris  enters  for  her  daughter  Sarah  her  proper  Marke  a crop 
& two  Slitt  on  y®  left  ear  & an  over  keele  & an  under  keele  on  y®  Right 
ear. 

Augustine  Scarbrough  enters  300  acres  of  land  on  Powell  Point  Neck 
Palin  Jun1  vers  Prichard  Junf 

In  an  action  of  y®  case  referred  to  y®  Jury  ffoll : Jurors  names 

The  jury  finds  for  y®  plantf  3:  10:  4 Ordered  that  y®  defend*  pay  unto 
the  plantf  3:  10:  4d  wth  cost  alias  Execution. 

A Petion  exhibited  by  Rob*  Kitehin  praying  that  he  may  have  a Writt 
of  Restitution  for  his  goods  woh  were  taken  from  him  by  Rob*  W hite  & 
his  son  Vincent  White  Ordered  y*  the  goods  be  delivered  accordingly. 

A petition  exhibited  by  Dan11  Travis  & his  wife  being  sumond  by  John 
Toomy  who  attended  v®  Court  4 dayes  and  a day  coming  & a day  going 
each  of  them  for  woh  he  humbly  pray  an  Ordr  for  y®  same  wch  is  ordered 
accordingly 

Upon  a petition  exhibited  by  John  Hatton  praying  a Writt  of  Resti- 
tution for  his  goods.  Ordered  that  y®  sd  John  Hatton  have  his  goods 
restored  to  him  again  according  to  v®  petition 

Upon  a Petition  exhibited  by  Tha:  Twidde  being  summoned  by  Matt 
Callen  hath  attended  4 dayes  & and  a day  coming  A a day  going  for  wch 
he  is  ordered  payin'®  by  the  Court 


COLONIAL  RECORDS. 


403 


Upon  ye  prayer  of  John  Wilson  being  summoned  as  an  evidence  for 
Matt  Callen  attending  4 dayes  A was  a day  coming  and  a day  going 
Ordered  y*  he  be  paid  accordingly 

Robert  Mulline  made  oath  that  Robert  White  made  an  acknowledgin'' 
to  him  y*  he  owed  Mrs  Ann  Durant  three  pound  odd  money. 

Received  this  9th  of  Novembr  1669  of  Hugh  Smithick  for  three 
leveyes  two  hundred  seventy  nine  pound  for  Two  yeares  quitt  rents  two 
hundred  pd  I say  Received  ^ mee 

Henman  Smewing 

Received  more  150lb  of  Thomas  Hoskins  acco"  for  Henman  Smewing. 

Know  all  men  by  these  presents  that  1 Elizabeth  Banks  of  London 
Widow  have  ordained  appointed  and  made  & in  my  stead  and  place  by 
these  presents  put  A constitute  my  beloved  friends  ffrancis  Tomes  A John 
Hawkins  mv  true  and  lawful]  attorney  for  me  and  in  my  name  and  to 
my  use  to  ask  sue  for  levy  recover  and  receive  all  such  sum  and  sums  of 
Money  & other  ve  matter  Goods  and  things  in  the  scedule  hereunto  an- 
nexed mentioned  as  are  due  and  belonging  to  mee  from  Mr  Seth  Sothell 
ye  now  or  late  Govern'  of  Carolina  A woh  are  due  owing  or  belonging  or 
^teyning  unto  me  by  any  manner  of  waves  or  meanes  w'soever  from  an v 
^son  or  ^sons  w'soever:  Giving  and  Granting  unto  my  said  Attorneys 
by  these  p'sents  my  full  and  whole  power  and  authority  in  and  about  the 
p'mises  A upon  rec'  of  such  sum  or  sums  of  money  or  other  matters  or 
things  acquittances  or  other  discharges  for  mee  and  in  my  name  to  doe 
make  seal  and  deliver  A all  and  every  other  act  acts  thing  and  things  in 
y*  law  w'soever  needful  and  necessary  to  be  done  in  and  about  v*  premi- 
ses for  y*  recovery  thereof:  for  me  and  in  my  name  to  doe  execute  and 
performe  as  fully  largely  and  amply  in  every  respect  to  all  intents  and 
purposes  as  I myselfe  might  or  could  doe  if  1 were  ^sonallv  present.  And 
1 doe  hereby  firther  constitute  and  appoint  the  said  ffrancis  Tomes  and 
John  Hawkins  my  lawfull  Attorney  for  me  and  in  my  name  A in  my 
stead  to  enter  into  A upon  all  y'  my  plantation  in  Carolina  and  other  the 
stock  and  goods  thereunto  apperteyning  A to  me  belonging  and  full  and 
peaceable  possession  A 8 ...  i in  thereof  for  me  and  in  my  stead  and 
name  A to  my  use  to  take  receive  reteyne  and  keepe  A to  sell  lett  A dis- 
pose thereof  as  to  them  shall  seeme  Meete  for  my  use  benefitt  and  advan- 
tage Giving  and  granting  by  these  p'sents  unto  my  s'*  Attorneyes  my  full 
power  and  authority  in  and  about  y°  p'mises  A all  and  every  acts  things 
w'soever  needfull  and  necessary  to  be  done  in  and  about  v*  p'mises  for 
mee  and  in  my  name  to  doe  execute  and  ^forme  in  as  large  ample  maner 
and  forme  to  all  intents  and  purposes  as  I my  selfe  might  or  could  doc 
if  1 were  ^sonally  p'sent  Ratifying  alowing  and  holding  ffirme  A stable 


COLONIAL  RECORDS. 


101 


all  whoever  m\  sd  Attorney  shall  lawfully  dot*  or  cause  to  be  clone  in  or 
about  y®  Execution  of  v*  Premises  by  virtue  of  these  p'sents  In  witness 
whereof  I have  hereunto  sett  my  hand  and  seale  y®  17th  day  of  Decem- 
ber Anno  Do  1693 


Albemarle 

To  all  to  whom  these  presents  shall  come,  Wee  Stephen  Pane  and 
John  fibster  of  the  prcinct  Pequimons  send  greeting  Whereas  y®  said 
Stephen  Pane  and  John  fibster  have  by  our  deed  of  Sale  beareing  date 
y®  2d  day  of  7br  Ann  Do  1693  Bargained  assigned  and  sold  unto  Alex- 
andr  Lillington  of  the  same  p'cinct  esqr  a eertaine  plantation  & tract  of 
land  lying  in  yeopins  Creeke  in  y®  planet  aforesaid  as  in  and  by  the 
said  deed  relation  thereunto  being  had  more  at  large  doth  appear  now 
Know  y®  that  we  y®  said  Stephen  Paine  and  John  fibster  doe  bv  these 
p'sents.  Ordaine  Constitute  and  appoint  our  trusty  and  well  beloved 
friend  William  Glover  of  the  prcinct  aforesaid  ourlawfull  Attorney  for 
us  and  in  our  names  A stead  and  on  our  behalfs  to  appear  at  any  Court 
to  be  holden  for  this  County  and  then  and  there  in  our  name  and  behalfe 
to  make  acknowledgment  of  the  aforementioned  deed  of  sale  & to  act  and 
doe  any  and  every  such  lawfull  act  and  thing  for  ye  strengthning  and 
confirming  of  y®  said  deed  of  Sale  unto  the  sd  Alexand*  Lillington  his 
heires  and  assigns  as  y®  law  doth  require  and  wee  doe  hereby  rattifie  and 
confirm  every  such  lawfull  act  as  our  said  Attorney  shall  herein  doe  to  be 
good  and  firme  in  law  as  if  wee  the  said  Stephen  Paine  and  John  ffoster 
'had  in  our  own  proper  person  acted  done  and  performed  the  same.  In 
witness  whereof  we  have  hereunto  put  our  hands  and  seales^y®  4th  day  of 


ELIZABETH  BANKS  [Seal] 


Sealed  and  Delivered 
in  y®  prsence  of 


Proved  before  us  bv  the  oath 


of  Mr  Tho:  Hunt  y®  17°  of  May  1690 

THO:  HARVEY 


Wra  W 


8brs  Anno  Do  1693 


Siffnum 

c? 


Signed  sealed  and  de-  1 
livered  in  p'sence  of  ) 
Peter  Gray 
John  Cooke 


T"  T- 

STEPHEN  PANE  (seal) 
JOHN  FFOSTER  (seal) 


Proved  in  Court  y®  7th  of  Novembr 
1693  by  the  oath  of  Peter  Gray 
attested  -p  Edward  Mayo  Cler 


ALEX  AND®  LILLINGTON 
CALEB  CALLOWAY 
JOHN  BARROW 
THO:  LEPPER 


COLONIAL  RECORDS. 


405 


GENERAL  COURT  RECORDS. 


ALBEMA  REE SS. 

At  a Gen®11  Court  holden  for  this  Countie  of  Albemarle  at  the  houses 
of  Mr  Thomas  White  on  Monday  the  twenty  fourth  of  Sebtember  A no 
Dni  1(394 

prsnt  'i'|ie  jjon®11  Thomas  Harvey  esqr  Deputy  Govern1  &c : 

The  Honrblc  ffrancis  Tomes,  Benjamin  Dakar  Majr  Sam1  Swann,  Dan1 
Akehurst  Secst  esqr  Lords  Deputys.  Mr  John  Durant  Assistant 

Mr  Patrick  Henley  by  his  petition  shewin  y*  a certain  plantation 
whereon  the  petitioner  liveth  is  Excheat  to  y®  Lords  proprieto8 

Ordered  that  a warrant  be  issued  out  to  their  Lordships  Escheatnfto 
inquire  into  the  premises 

Major  Alexander  Lillington  and  Madm  Susanah  Heartley  having 
obteined  an  attachment  against  y®  estate  of  Cap4  George  Clarke  upon  the 
account  of  an  order  passed  ag9t  them  for  and  that  the  sd  Alexander  Lil- 
lington and  Coll  Heartley  was  attorneys  of  the  sd  George  Clarke  att  the 
sute  of  Coll.  Wm  Wilkerson  for  the  sume  of  thirty  five  pounds  nineteen 
shillings  due  from  the  sd  Clarke  to  the  sd  Coll  Wilkison 

It  is  the  opinion  of  the  Court  that  they  being  Attorneys  of  the  sd 
Clarke  might  lawfull  dispose  of  any  effects  of  the  sd  Clark’s  in  their 
custody  for  the  pavnf  of  his  just  debts  wthout  any  such  precepte  in  law 
or  judgment  thereon  agst  the  sd  estate. 

Ordered  that  all  other  matters  returned  to  this  day  be  referred  till  the 
morrow  being  the  25th  of  this  instant  September 

The  Court  adjourned  untill  tomorrow  seven  of  the  clock  in  the  fore- 
noon. 

Tuesday  y®  25th  y*  Court  meet  & psn  wth  y®  afores4  Cap  Dawson 
Thomas  Philips  attached  to  answer  Mr  Rich  Plater  in  a plea  of  Debt 
The  Marshall  returned  Non  est  inventus 
Ordered  that  the  sute  be  dismissed 

Georg  fferdice  upon  his  oath  proveth  that  he  hath  right  to  two  hun- 
dred and  fifty  acres  of  land  by  the  importation  of  George  fferdice  George 
ferdice  his  wife  Mary  his  wife  Sarah  and  Hanah  fferdice  his  daughter 
Ordered  that  a certificate  thereto  be  made  to  the  Secretary’s  office 
Wm  Plater  upon  his  oath  proveth  that  he  hath  right  to  two  hundred 
acres  of  land  by  the  importation  of  Wm  Plater  Martha.  Grace  and  Thomas 
Plater. 

Ordered  that  certificate  thereto  be  made  to  the  Secretarys  office. 


COLONIAL  RECORDS. 


106 


Robert  Penniwell  is  attached  to  answer  Anne  Cartwright  in  a plea  of 
Debt  and  he  came  not  neither  the  s'1  Anne  Cartwright  whereupon  it  is 
dismissed. 

John  Bentley  was  attached  to  answer  Cornelias  Lcrry  in  a plea  of  the 
Case  and  the  sa  Bentley  upon  default  of  the  appearance  the  Plantif 
craves  a nonsute  and  Mr  Rich.  Plater  in  behalf  of  the  plantif  assumes 
that  upon  condition  that  the  sd  Bentley  would  consent  to  a reference  of 
the  action  untill  the  afternoon  the  s'1  Cornelius  Lerrv  should  deliver  to 
y8  sd  John  Bentley  a coppy  of  his  acc‘  before  tryall  to  which  y®  sd  Bent- 
ley assents  and  the  Court  thereupon  in  mercy  to  ye  sd  Cornelius  Lerrv 
Ordered  that  yc  hearing  of  ve  action  be  referred  untill  the  after  noon 

Rich.  Plater  being  attached  to  answer  ffraneis  fibster  in  a plea  of  debt 
for  and  that  the  sd  Rich.  Plater  refuseth  to  render  to  the  plantife  the 
sume  of  six  pounds  in  porke  wch  to  the  plantif  he  oweth.  And  the  sd 
Rich.  Plater  came  and  upon  default  of  the  plantif  craves  a non  sute. 
Ordered  that  the  sd  Action  fall  and  that  the  sd  fibster  pay  cost. 

John  Wilson  attached  to  answer  Thomas  White  and  Diana  his  wife  in 
a plea  of  the  case.  And  the  sd  Thomas  White  and  Diana  his  wife  came 
and  say  that  the  sd  John  Wilson  is  indebted  to  the  plantifs  ve  sume  of 
eight  pounds  five  shills,  and  seven  pence  by  account  contracted  w*  the  sd 
Diana  one  of  the  plantifs  whilest  she  was  sole  which  account  they  pro- 
duce in  Court  and  the  said  John  W ilson  in  his  proper  person  came  and 
desireth  over  of  the  sd  acc‘  woh  being  read  lie  saith  that  as  to  the  sume  of 
one  pound  nine  shillings  and  five  pence  part  of  the  sd  ace*  he  cannot  deny 
but  he  oweth  but  for  the  rest  he  saith  he  oweth  not  and  this  he  disireth 
may  be  inquired  of  by  the  Country  wherefore  the  Provst  Marshall  or 
deputy  is  comanded  to  cause  to  come  here  twelve  true  and  lawful  men  of 
the  vicinage  and  who  to  neither  of  the  partys  are  any  waves  related  by 
whom  the  truth  of  the  matter  may  be  knowne  who  being  impanelled  and 
sworne 


Namely 


C John  Stepney  Foreman 
Wm  Bournsby 
John  Mason 
j Wm  Vos 
I Nicholas  Symons 
I James  ffewox 


John  Twegger 
ffraneis  fibster 
Wm  Raymond 
Charles  Dickison 
Mathias  Towler 
ffraneis  Hendrick 


say  upon  their  oath.  We  find  for  the  plantif  the  sume  of  eight  pounds 
five  shillings  and  seaven  pence  ( )rdered  that  the  sd  John  Wilson  pay  to  the 
sd  Thomas  White  and  Diana  his  wife  the  sume  of  eight  pounds  five  shil- 
lings and  seven  pence  with  cost  of  sute  a's  Execution. 

Cornelius  Lerry  is  attached  to  answer  Thomas  White  and  Diana  his 
wife  in  a plea  of  the  Case  and  they  came  and  say  that  the  sd  Cornelius 


COLONIAL  RECORDS. 


407 


Lerry  is  indebted  to  the  plantifs  the  suine  of  sixty  seven  shillings  and 
one  penny  bv  acc‘  contracted  wth  the  sd  Diana  one  of  the  plantifs  wildest 
she  was  sole  wch  acc‘  they  produce  in  Court  and  the  sd  Cornelius  Lerry 
came  and  defendeth  the  sute  and  saith  that  he  oweth  not  the  sd  surue  of 
sixty  seven  shillings  and  one  penny  as  by  the  Plantifs  is  declared  and 
this  he  desireth  may  be  inquired  of  by  the  Country  Wherefore  the  Prov8t 
Marshall  is  required  to  cause  to  come  twelve  true  and  lawful  1 men  of  the 
vicinage  and  who  to  neither  of  the  partys  are  in  any  waves  related  by 
whom  the  truth  of  the  matter  may  be  knowne  who  according  impanelled, 
and  sworne 

John  Stepney  foreman 

John  Twegger,  Wm  Bournsby,  ffrancis  ffoster  John  Mason,  Wm  Ray- 
mond, Wm  Vos,  Charles  Dickison  Nicholas  Symons  Matthias  Towler, 
James  ffewox,  ffrancis  Hendrick,  say  upon  their  oath.  We  of  the  Jury 
finde  for  the  plantife  three  pound  seven  shillings  and  one  penny  in  porke 
with  costs. 

Ordered  that  the  sd  Cornelius  Lerry  pay  to  the  sd  Tlio.  White  and 
Diana  his  wife  the  sume  of  three  pounds  seven  shillings  and  one  penny 
in  porke  wth  costs  alias  Execution. 

Rich.  Bentley  was  attached  to  answer  Cornelius  Lerry  in  a plea  of  the 
case  and  the  sd  Richard  Bentley  came  and  also  the  sd  Cornelius  Lorry  and 
also  the  sd  Cornelius  Lerry  and  the  sJ  Cornelius  Lerry  saith  that  the  sd 
Richard  Bentley  oweth  to  the  Plantif  the  sume  of  two  pounds  one  shill- 
ing and  three  pence  by  aeck  and  the  sd  Richard  Bentley  defendeth  the 
sute  & craveth  over  of  the  sd  ace'  wch  being  read  the  sd  Richard  Bentlev 
saith  that  as  to  the  five  yards  of  Woolen  cloth  in  y®  acot  expressed  at  the 
rate  one  pound  lie  oweth  not  for  and  Because  y®  sd  cloth  he  received  upon 
the  account  of  his  ffredome  cloths  whereof  he  maketh  oath  and  the  arti- 
cle of  three  moncth  Dvet  at  the  rate  of  eight  shills  and  four  pence  the 
moneth  upon  his  oath  he  saith  ought  by  agreement  to  have  been  charged 
at  the  rate  of  four  shillings  and  two  pence  the  moneth  the  rest  of  the 
acc‘  he  acknowledged)  to  be  just  but  that  lie  hath  discount  of  the  sume 
of  eight  shilling  and  six  pence  all  wch  he  praveth  may  be  inquired  of  by 
the  Country  Wherefore  the  Provst  Marshall  is  commanded  that  he  cause 
to  come  here  twelve  true  and  lawful  men  of  the  vicinage  and  who  to 
neither  of  the  partys  are  anv  ways  related  by  whom  the  truth  of  the 
matter  may  be  knowne  who  being  impanelled  and  sworne 


JOS 


COLONIAL  RECORDS. 


Namely  Mr  John  Harrows  foreman 


| Evidence  sworne  j 
for  the  defendt.  viz 
John  Bentley  J 


John  Halford 
\Ym  Plater 
Jonathan  Bateman 
Robert  Moline 
Wm  Jackson 


Thomas  Gillam 


Ben  Gidion 
John  Belman 
Uriah  Canon 
Win  Gaskin 
John  Raper 


say  upon  their  oath  we  of  the  jury  finde  for  the  plant i f eight  shillings 
and  six  pence  wth  costs  Ordered  that  the  sd  Rich  Bentley  pay  unto 
"the  sd  Cornelius  Derry  eight  shillings  and  six  pence  \vth  costs  of  sute 

Court  adjourned  untill  one  of  the  clock  in  the  afternoon 

25  Sept  1694 

Tuisday  in  the  afternoon  September  the  25tb  the  Court  meet  and  and 
are  prsent 

The  HonrM  Thomas  Harvey  esqr  Depty  Gover”  &c  and  the  Deputys 
and  assistants  aforementioned 

Thomas  Hawkins  arrested  to  answer  Majr  Alexandr  Dillington  Attor- 
ney of  John  Wright  of  Virginia  in  a plea  of  Debt  and  the  sd  Dillington 
appears  and  produceth  his  letter  of  Attorney  from  the  sd  Wright  and  in 
behalfe  of  the  sd  Wright  saith  that  the  sd  Hawkins  is  justly  indebted 
unto  the  sd  John  Wright  the  some  of  sixty  three  pounds  fourteen  shil- 
lings and  he  produceth  a bond  under  the  the  hand  and  seal  of  the  sd 
Hawkins  and  Alis  Davis  Widdow  and  the  said  Hawkins  came  not  and 
Capt  Henderson  Walker  Surety  for  the  sd  Hawkins  appearance  assumes 
that  he  the  sd  Hawkins  shall  appear  at  the  next  Gen11  Court  to  be  holden 
for  this  County  to  answer  the  said  complaint. 

Ordered  that  the  sd  Capt  Henderson  Walker  Surety  shall  as  aforesaid 
have  here  the  body  of  the  s'1  Thomas  Hawkins  at  ye  next  Gen11  Court  as 
aforesd  to  answer  the  plaint  as  aforesd  otherwise  judgment  to  pass  against 
him  for  the  sd  Debt. 

John  Bentley  attached  to  answer  Cornelius  Derry  in  a plea  of  Detinue 
and  the  sd  Derry  came  in  his  proper  ^son  and  saith  that  at  the  request 
of  the  defend1  he  the  sd  Derry  several  1 Chatties  to  the  sd  John  Bentley 
defend*  did  lend  on  condition  to  be  returned  upon  demand  restitution 
whereof  the  sd  Bentley  denyes  to  y®  Plantifs  Damage  fifty  shillings  and 
the  sd  John  Bentley  appeareth  and  by  his  Attorney  Capt  Henderson 
Walker  defendeth  the  Injury  and  saith  that  the  plantit  the  sd  Chattel  1 - 
to  the  defendant  did  not  lend  as  the  plantif  in  his  declaration  alleigeth 
and  this  he  desireth  may  be  inquired  of  by  the  Country  wherefore  the 
Marshall  is  comanded  that  he  cause  to  come  here  twelve  true  and  lawful 


COLONIAL  RECORDS. 


409 


men  of  the  vicinage  and  who  to  neither  of  the  party*  are  related  by 
whom  the  truth  of  the  matter  may  be  known  who  accordingly  impan- 
elled and  sworne 


Evidence  Sworne 
for  plan4 
James  ffewox  I 
Rich  Bentley  J 


Namely  John  Stepney  foreman 

Wm  Crag  Henry  Creech 


Jno  Twegger 
Jno  Mason 
Wra  Vos 
Nicholas  Symons 


Wm  Bournsby 
Win  Raymond 
Charles  Dickison 
Mathias  Towler 


ffrancis  Hendrick 


say  upon  their  oath  we  of  the  Jury  find  noe  Cause  of  Action.  Ordered 
that  the  sute  be  dismissed  and  that  the  s'1  Lorry  pay  costs  of  sute 

Mr  ffrancis  Parrot  by  his  peticon  shewing  that  he  being  sumoned  an 
evidence  for  the  plantif  in  an  action  between  ffrancis  fibster  plant i C and 
Rich.  Plater  defendt  hath  attended  on  this  court  two  days  and  was  three 
days  coming  and  goeing 

Ordered  that  the  sd  ffrancis  fibster  pay  to  the  sd  ffrancis  Parrot  y®  sumo 
of  ten  shillings  als  execution. 

John  Bentley  attached  to  answer  Cornelius  Lerry  in  a plea  of  the  case 
and  the  sd  Cornelius  Lerry  came  and  said  that  the  sd  John  Bentley  owed 
to  ye  plantif  y°  sume  of  sixteen  pounds  four  shillings  and  ninepence  by 
acc4  And  the  sd  Bentley  by  his  attorney  Capt  Henderson  Walker  saveth 
that  to  y°  sd  action  he  ought  not  to  answer  for  and  because  y®  sd  Cor- 
nelius Lerry  hath  in  contempt  of  the  rule  of  this  lion1'1®  Court  in  favour 
of  the  sd  Cornelius  Lerrv  made  in  the  forenoon  hath  dcnyed  to  deliver 
a coppv  of  his  acc4  to  the  defend4  before  tryall  and  craveth  a nonsute 

Ordered  that  the  sd  action  tall  and  that  the  sd  Cornelius  Lerry  pay 
costs. 

Alexander  Lillington  esqr  proves  a letter  of  Attorney  to  him  directed 
from  Wm  Duckenfield  esqr  by  the  oath  of  Win  Glover. 

Mr  Patrick  Henley  arrested  to  answer  Wm  Duckenfield  esqr  in  a plea 
of  case  and  the  sd  Patrick  Henley  came  and  Alexander  Lillington  Attorney 
of  the  sd  Wm  Duckenfield  saith  y4  he  is  not  informed  what  in  the  case 
to  sav  and  the  sd  Henley  craves  a nonsute 

Ordered  that  the  sd  action  fall  and  that  the  sd  Wm  Duckenfield  pay 
cost  of  sute 

Thomas  Hassold  attached  to  answer  Thomas  White  and  Diana  his 
wife  in  a plea  of  the  ease  and  the  Plantifs  say  that  the  sd  Hassold  un- 
justly detaineth  eertaine  writing  acc48  and  bookes  relating  to  contracts  and 
copartnerships  had  anti  matle  between  the  sd  Diana  one  of  the  Plantifs 
48 


410 


COLONIAL  RECORDS. 


while  sliee  was  sole  and  (lies'1  Hassold.  And  (lies'1  Hassold  defendeth 
the  injury  and  saith  that  a reasonable  ace1  thereof  he  is  ready  to  render 
wherefor  upon  the  humble  prayers  of  both  partys. 

Ordered  that  the  auditing  of  the  accounts  and  whole  controversy  in 
this  action  depending  between  the  sd  Thomas  White  and  Diana  his  wife 
plantif  and  the  sd  Thomas  Hassold  Defended  be  wholy  referred  to  the 
award  of  the  HonrbIe  Thomas  Harvey  Esq  Deputy  Govern  &c  and  the 
Honrbl®  Benjamin  Lakar  esqr  who  are  hereby  requested  to  mak  a full  de- 
terminacon  of  the  same  and  if  need  be  make  report  thereof  to  the  next 
Gen11  Court. 

The  rest  of  the  actions  returned  to  this  day  are  referred  until  to- 
morrow : 

And  the  Court  adjourned  untill  the  Morrow  eight  of  the  clock  in  the 
forenoon. 

September  yc  26th  f forenoon 

prsnt  rpjie  i|on0bIe  Depty  Governo1  Thomas  Harvey  esqr  ffrancis  Tomes 
Benjamin  Lakar  Majr  Sam1  Swan  Coll  Thomas  Pollock  Dan1  Akehurst  Sec1 
esqr  Lds  Deptys  Cap*  Anthony  Dawson  Mr  John  Durant  assistants. 

Madm  Susanah  Heartley  attached  to  answer  Patrick  Henley  in  a plea 
of  the  case  and  the  sd  Patrick  Henley  came  and  saith  that  the  sd  Susanah 
Heartley  as  being  Executrix  of  the  last  will  and  testam*  of  Coll  ffrancis 
Heartley  dec'1  is  indebted  to  y®  plantif  y®  sume  of  twelve  pounds  by  ac- 
count produced  in  Court.  And  the  sd  Susanah  Heartley  by  her  humble 
petition  showeth  that  she  being  very  sick  canot  appear  to  answer  the  sd 
plan*  at  this  court  and  humbly  craves  day  to  be  given  to  her  till  the 
next  court. 

Ordered  that  this  action  be  referred  to  the  next  Cor* 

Juliana  Taylor  Widdow  assumes  upon  herselfe  in  Court  to  answer  a 
petition  of  Mr  Caleb  Calaway  and  Benjamin  Gidion  shewing  that  the  sd 
Juliana  Taylor  had  molested  and  hindred  the  petitioners  in  their  lawfull 
proceedings  in  and  about  the  surveying  of  a tract  of  Land  to  y®  sd  Ben- 
jamin Gidion  belonging  lying  on  y®  West  side  of  Caslelons  Creeke  in 
Pequimons  precinct  And  it  appearing  that  the  sd  Juliana  Taylors  claime 
being  by  an  entry  made  upon  land  formerly  seated  was  illegal.  But  by 
the  consent  and  at  the  request  of  the  sd  Benjamin  Gidion  in  favour  of 
the  orphan  John  Taylor  deceased 

Ordered  that  the  dividing  line  between  the  sd  Benjamin  Gidion  and  the 
sd  Orphan  shall  begin  about  the  length  of  a chaine  up  the  swamp  from  a 
little  house  built  upon  Alexander  Speeds  labour  and  shall  run  paralel  w*h 
Cornelius  Lerrys  side  line 


COLONIAL  RECORDS. 


411 


Upon  peticon  of  John  Wilson  of  Pascotank  shewing  that  John  Gibs 
esq®  owed  to  y®  petitioner  lawfull  allowance  for  four  days  attendance  and 
one  day  coming  and  one  day  goeing  at  a court  in  ye  year  1(193  att  v®  re- 
quest of  Mr  Edward  Mayo  Attorney  of  the  said  John  Gibs 

Ordered  the  sd  Edward  Mayo  Attorney  of  the  sd  Jn°  Gibs  pay  unto 
the  sd  John  Wilson  y®  sume  of  thirteen  shills  and  four  pence  A Is  Execif 
Of  y®  estate  of  Wm  Sprag  one  cow  and  calfe  in  the  hands  of  James 
Thigpen  and  one  steer  in  the  hands  of  John  Lilly  attached  upon  the  com- 
plaint of  John  Stepney.  And  the  sd  John  Stepney  came  and  saith  that 
the  sd  Wm  Sprag  is  indebted  to  the  sd  John  Stepney  in  the  sume  of 
twenty  six  shillings  by  Bill  under  the  hand  of  the  sd  William  Sprag  wch 
he  proveth  by  the  Oaths  of  Christop®  Butler  and  Caleb  Callaway.  And 
the  sd  James  Thigpen  came  and  says  that  the  cow  and  calfe  attached  in 
his  hands  are  not  any  part  of  the  estate  of  the  sd  Sprag  but  that  they  are 
the  proper  estate  of  him  y®  sd  James  Thigpen  woh  he  proves  by  the  oaths 
of  Rich  Willard  and  Anne  Willard. 

Ordered  that  the  sd  cow  and  calfe  be  delivered  to  y®  sd  Thigpen  clear 
of  this  attachment  wth  cost.  And  Christopher  Butler  alsoe  came  and 
saith  that  y®  sd  steer  attached  as  aforesd  and  all  other  goods  or  Chattel  1 & 
estate  of  the  sd  Wm  Sprag  doe  now  properly  belong  to  the  sd  Christopher 
Butler  and  he  produceth  a bill  of  sale  from  the  sd  Wm  Sprag  woh  he  prov- 
eth by  the  oath  of  Wm  Charleton  and  for  want  of  further  evidence  day  is 
given  to  the  sd  Christopher  Butler  and  thereupon  this  and  all  other  attach- 
ments against  the  estate  of  the  sd  Wm  Sprag  are  referred  to  y®  next  Court. 

The  Provst  Marsh1  or  deputy  is  required  to  attach  y®  Body  of  Mary 
Lamb  Administrator  of  v®  goods  and  ehattells  of  Joshua  Lamb  decd  to 
answer  y®  plaint  of  Mr  Wm  Collins  of  this  county  in  a plea  of  Debt  And 
the  provst  Marshall  saith  that  she  is  not  in  this  County  to  be  found  and 
she  came  not  and  the  sd  Wm  Collins  came  and  saith  that  the  sd  Mary 
Lamb  qualified  as  aforesd  is  indebted  unto  y®  plantif  v®  sume  of  ten 
pounds  sterling  woh  he  desireth  to  be  inquired  of  by  the  Country  Where- 
fore the  marshall  is  required  that  he  cause  to  come  here  twelve  true  and 
lawfull  men  of  the  vicinage  and  who  to  neither  of  the  partys  are  any 
waves  related  by  whom  the  truth  may  be  found  who  impanelled  and 
sworne  viz  John  Stepney  foreman,  Win  Charleton,  -John  Holford  James 
ffewox  Thomas  Gillam  Jn°  Lilly,  Jn°  Bentley,  Jno  Tweger,  Nicholas 
Symons,  Robert  beasley,  Leon  Loften,  Patrick  Kenidav  sav  upon  their 
oath  we  finde  for  the  plantif  fifteen  pounds  in  porkc 

Order*1  That  attachment  be  granted  against  the  estate  of  the  sd  Joshua 
Lamb  to  satisfy  the  sd  sum  of  fifteen  pounds  in  porkc  wth  Costs  of  sute. 


412 


COLONIAL  RECORDS. 


Upon  pcticon  of  Thomas  Welch  Servant  to  Mr  Joseph  Couiander 
praying  to  be  discharged  from  his  servis  And  lie  produceth  in  Court  his 
indenture  bv  \vch  it  appeares  that  the  time  of  his  service  ought  to  comence 
from  his  first  arrivall  in  Ashley  River  it  being  part  of  this  Province  of" 
Carolina 

Orderd  that  the  sd  Thomas  Welsh  be  discharged  emediately  from  hiss'1 
masters  service 

Thomas  White  and  Diana  his  wife  attached  to  answer  Thomas  Has- 
sold  in  a plea  of  the  case  and  the  sd  Ilassold  came  in  his  proper  person 
and  saith  that  the  sd  Thomas  White  and  Diana  his  wife  owetli  to  the 
sai<  1 Thomas  Ilassold  the  sume  of  twenty  one  pounds  nineteen  shills,  by 
acct  and  contracts  had  and  made  between  the  plantive  and  the  sd  Diana 
one  of  the  defendants  wildest  she  was  sole  and  the  sd  Thomas  White  and 
Diana  his  wife  came  and  defend  the  Injury  and  say  that  that  noe  such 
accounts  and  contracts  was  made  between  the  sd  Diana  one  of  the  de- 
fendts  and  the  plantifs  as  by  his  declaration  the  plantif  hath  alleged  and 
the  sd  Ilassold  produceth  his  accte  in  Court  and  the  defendant  saith  to  y* 
charge  of  twelve  pence  by  the  pound  for  keeping  the  books  is  not  accord- 
ing to  agreenf  and  that  the  charge  for  casting  up  the  old  books  was  not 
according  to  agreem1  and  that  the  totall  of  the  debts  by  the  sd  Thomas 
Hassold  given  and  whereupon  the  wages  of  the  sd  Ilassold  charged  in 
the  ace*  was  assessed  is  given  in  to  be  greater  than  the  reall  accounts  of 
the  sd  booke  amounted  to  And  the  sd  Thomas  Hassold  upon  his  oath 
declares  that  the  totall  smile  given  by  him  & upon  wch  he  hath  assessed 
his  wages  is  the  true  and  real  sume  of  the  Debts  in  the  booke  above 
mentioned  contained,  And  further  saith  that  the  Charges  abovesd  for  the 
keeping  and  casting  up  the  booke  abovesd  are  according  to  agreem1  and 
this  he  desireth  may  be  inquired  of  by  the  country  Wherefore  the  Mar- 
shall is  required  that  he  cause  to  come  here  twelve  true  and  lawfull  men 
of  the  vicinage  and  who  to  neither  of  the  partys  are  any  waves  related 
by  whom  the  truth  of  the  matter  may  be  found  who  being  impanelled 
and  sworne  viz  Jno  Stepney  Wm  Charleton,  James  ffewox,  Jno.  Lilly, 
Jn°  Bentley,  Nicholas  Symons,  Mr  Nicholas  Daw,  Robert  Beasley,  Leon- 
ard Loften,  Patrick  Keniday,  Thomas  Clark  Henry  Palin,  say  upon 
their  oath  we  tinde  for  the  Plantif  thirteen  pounds  six  shillings  and  twro 
pence 

Ordered  that  the  sd  Thomas  White  and  Diana  his  wife  pay  to  the 
Plantif  y®  sume  thirteen  pounds  six  shills  and  two  pence  wth  costs  of 
sute. 


COLONIAL  RECORDS. 


413 


James  ffewox  proveth  his  rights  to  land  by  the  impor.  of  Rich  Bache- 
lor and  John  Haswell  John  Halford  by  his  petieon  shewing  that  he  be- 
ing sumoned  to  give  his  evidence  for  Thomas  Hassold  in  an  action  aginst 
Thomas  White  and  Diana  Ins  wife  hath  attended  three  days  and  day 
comeing  and  day  goeing 

Ordered  that  the  said  Thomas  Hassold  doe  pay  unto  ye  sd  John  Hol- 
ford  the  sum  of  ten  shillings  and  ten  pence  wth  costs  of  this  order  John 
Tweger  by  his  peeticon  craving  jiidgenf  according  to  law  for  three  days 
attendance,  A a day  coining  and  day  goeing  being  sumoned  an  evidence 
for  Thomas  Hassold  in  his  action  against  Thomas  White  and  Diana  his 
wife. 

Ordered  that  the  sd  Thomas  Hassold  pay  unto  y®  sd  John  Twegger  the 
sume  of  ten  shillings  and  ten  pence 

Mr.  Robert  Wilson  attached  to  answer  Stephen  Manwaring  in  a plea 
of  Defamacon  and  the  sd  Wilson  came  and  craves  time  untill  the  next 
court  for  ye  procuring  of  this  evidence.  Whereupon  it  is  referred  to  y° 
next  Court. 

Wm  Gascoigne  by  his  humble  petition  shewing  that  whereas  it  was  pro- 
vided bv  an  act  of  assembly  that  a road  should  be  laid  out  for  y*  inhabi- 
tants on  the  back  of  Winleys  plantation  as  conveniently  as  may  be  for 
the  sd  inhabitants  wthout  going  through  the  cleared  ground  on  the  sd 
plantation  Not  with  standing  which  the  road  is  still  continued  through 
the  cleared  ground  and  orchard  upon  the  sd  plantation  although  a road 
may  be  found  as  convenient  for  the  sd  inhabitants  wthout  goeing  through 
the  sd  plantation 

Ordered  that  the  Court  of  the  precinct  of  Chowan  cause  a road  to  be 
laid  out  according  to  the  sd  act  and  the  proceedings  therein  be  returned 
to  v®  next  Gen®11  Court.  The  Court  adjourned  untill  Thursday  7 of 
clock  the  fforenoon 

Thursday  September  y®  27  ffore  Noox 

The  Court  Meet 

Present  The  Hon®bl®  Thomas  Harvey  esqr  Depty  Govern'  Danl  Ake- 
hurst  esqr  Secret'  tfrancis  Tonies  Bcnjaman  Laker  Majr  Sam1  Swann  Coll 
Thomas  Pollock  esq'  Lds  Deputes  Capt  Anthonv  Dawson  RPJno  Durant 
assistants 

Mr  \\  il lrn  Gascoigne  by  his  humble  petieon  shewing  that  the  estate  of 
Thomas  Slaughter  dec®  haveing  been  administered  upon  by  Mad™  Susana 
Heartlcv  hath  been  a great  part  disposed  of  wthout  any  Lawful!  apprisem1 
* to  y®  great  p'judiee  of  the  creditors  and  orphans 


414 


COLONIAL  RECORDS. 


Ordered  that  Madm  Susana  Heartley  be  sumoned  to  bring  in  an  aw:1  of 
the  sd  Thomas  Slaughter’s  estate  to  the  next  Court. 

Stephen  Manwaring  attached  to  answer  Robert  Wilson  in  a plea  of 
trespas  of  the  case  and  the  sd  Stephen  Manwaring  came  and  the  sd  Wil- 
son alsoe  and  both  partys  freely  and  voluntarily  refere  themselves  to  the 
jiulgm4  of  the  Court  as  well  in  the  title  of  the  land  as  alsoe  in  the  assess- 
ing of  damages  and  costs  And  the  sd  Robert  Wilson  by  his  attorney 
Mr  Richard  Plater  saith  that  the  said  Stephen  Manwaring  into  one  plan- 
tation to  yc  sd  Robert  Wilson  belonging  lying  in  pequimons  prcinct  ad- 
joining on  a certaine  place  called  the  long  reach  unlawfully  hath  entered 
and  an  house  thereon  built  and  the  ground  thereof  broke  up  and  severall 
other  injurys  thereon  comitted  though  thereof  forewarned  whereof  the 
plantif  saith  he  hath  damage  of  fifty  pounds  and  the  said  Stephen 
Manwaring  saith  that  in  and  to  the  sd  plantation  he  hath  entered  as  it  was 
just  and  lawfull  for  him  to  doe  for  and  because  the  sd  plantation  whereon 
the  sd  trespas  by  the  plantf.  is  aleged  to  be  comitted  is  not  as  the  plantif 
hath  aleged  the  land  of  the  sd  Robert  Wilson  but  y*  proper  land  of  the 
sd  Stephen  Manwaring  and  the  sd  Robert  Wilson  produceth  ye  entry  of 
the  sd  land  wth  his  receipts  and  quit-rents  by  him  the  sd  Wilson  paid 
for  the  s'1  land,  And  the  sd  Stephen  Manwaring  by  Capt  Henderson 
Walker  his  attorney  produceth  his  right  and  entry.  And  upon  eonsid- 
eracon  of  the  whole  matter  it  appearing  to  the  Court  that  Mr  Stephen 
Manwaring’s  entry  hath  the  priority 

Ordered  that  the  survey1  lay  out  for  the  sd  Stephen  Manwaring  six 
hundred  and  forty  acres  of  land  according  to  Cap1  ffletchers  entry  and  y* 
the  land  y*  shall  be  found  between  ye  line  to  be  laid  out  for  the  bounds 
of  the  sd  six  hundred  and  forty  acres  of  y®  sd  Stephen  Manwaring  and 
Wm  Lacy’s  line  be  surveyed  for  the  sd  Robert  Wilson  and  the  survey 
thereof  be  returned  to  the  first  day  of  the  next  Cort  that  it  may  appear 
where  the  trespas  lyeth. 

Capt  Thomas  Relfe  sworne  Provst  Marshall 

Benjamin  LaKar  esqr  sumoned  to  answer  James  fievvox  in  a 
plea  of  trespas  of  the  case  And  y®  I Ionrbl  Depty  Governor  Thomas 
Harvey  esqr  being  nearly  related  to  y®  defend4  withdraws  And 
James  ffewox  sath  that  the  sd  Benjamin  LaKar  upon  a certaine 
piece  of  land  called  Batts  Grave  or  island  certain  hogs  hath  put 
whereby  the  plantifs  corne  thereon  planted  and  growing  hath  been 
eaten  up  and  destroyed  whereby  he  is  damnifyed  y®  sume  of  five 
pounds  and  the  sd  Benjamin  LaKar  by  his  attorney  Capt  Henderson 
Walker  saith  that  Jno  Gibs  esqr  had  right  to  a parcel  of  land  upon  the 


COLONIAL  RECORDS. 


415 


sd  island  by  labour  thereon  done  and  that  Mr  Edw.  Mayo  attorney  of  the 
sd  Jno.  Gibs  hath  assigned  unto  the  sd  Benjamin  Lakar  all  the  right  and 
title  of  the  sd  Jn°  Gibs  in  and  to  the  sd  prcell  of  land  upon  the  sd  island 
whereon  it  was  just  and  lawfull  for  the  sd  LaKar  to  put  his  hogs  and  that 
the  plantif  had  not  a good  and  lawfull  fence  about  his  sd  corne  and  this 
he  desires 'may  be  inquired  of  by  the  country  wherefore  the  Marshall  is 
required  to  cause  to  come  here  twelve  true  and  lawfull  men  of  the  vicin- 
age and  who  to  neither  partys  are  anywise  related  by  whom  the  truth  of 
the  matter  may  be  found  who  being  impanelled  and  sworne  viz  Thomas 
Garrett  foreman  Wm  Gascoigne,  Jno  Twegger,  Wm  Bournsby,  ffrancis 
Penrice  Geo  Mathews,  James  Thigpen,  Tho.  Stephens,  Jn°  Holford  Jno 
Previt,  Jn°  Lilly  Robert  Moline  sav  upon  their  oaths  we  finde  noe  cans 
of  action 

Ordered  that  the  sute  be  dismissed  and  that  the  said  James  ffewox  pay 
costs 

Anne  Stuart  Sen1'  proveth  6 rights  viz  four  negroes  one  English  serv1 
and  Yirgill  Simons. 

Upon  petieon  of  Mr  Rich  Plater  a letter  of  Attorney  from  Mr  Sam1 
Shrimpton  of  New  England  to  ye  sd  Rich  Plater  proved  by  the  Oaths  of 
Mr  John  Blaney  and  Willm  Jarvis 

Ordered  to  be  recorded 

John  Tweger  Wm  Lacy  Tho.  Stephens  Nicholas  Symons  sworne  evi- 
dences for  the  plantif  in  a plea  of  defamacon  between  Stephen  Manwar- 
iug  plantif  and  Mr  Robert  Wilson  Defend1  now  depending 

Adjourned  untill  one  of  the  clock  afternoon 

September  y®  27th  afternoon 

The  Court  Meet 

prsnt  qq1(?  jqonri’io  Thomas  Harvey  esqr  Deptv  Govern1,  Dan1  Akehurst 
esqr  Seer*  ffrancis  Tomes  Benjamin  LaKar  Sam1  Swann  Coll  Thomas 
Pollock  esqr  I/3  Dcptvs  Capt  Anthony  Dawson  & Mr  John  Durant  assis- 
tants. 

Patrick  Henly  bound  over  to  answer  Willm  Bournsby  upon  an  appeal 
from  a judgment  given  agst  him  the  sli  Bournsby  in  the  Court  of  the  pre- 
cinct of  Pascotank.  It  appearing  to  the  Cout  that  the  sd  judgem1  be 
given  upon  a verdict  of  Jury  the  causes  assigned  by  the  sd  Bournsby  are 
insufficient  for  the  appeal 

Ordered  that  the  ten  pounds  adjudged  by  the  precinct  Court  to  be  paid 
unto  the  sd  Henley  by  the  sd  Bournsby  be  confirmed 

And  the  sd  Bournsby  appeals  to  their  Lordsships  Court  of  Chancery. 


COLONIAL  RECORDS. 


41(5 


Ordered  that  the  s'1  Patrick  Henley  be  sumoned  to  appear  at  their 
Lord,p*  Court  of  Chancery  to  be  hohlen  on  Thursday  the  twenty  ninth 
of  November  next  to  answer  the  appeal  of  the  s'1  Wm  Bournsby  the  sd 
Bournsby  giveing  security  to  prosecute  the  same. 

Wm  Bray  sworne  Dep*'  Marshall 

Nicholas  Symons  crave  judgem*  for  his  lawful!  allowance  for  three 
(laves  attendance  and  a day  eomeing  and  a day  gocing  being  sumoned  to 
give  his  evidence  for  Stephen  M.an waring  in  an  action  ag**  Mr  Robert 
Wilson 

Ordered  that  the  sd  Stephen  Manwaring  pay  unto  the  s'1  Nicholas  Sy- 
mons ye  sume  of  ten  shillings  and  ten  pence. 

Robert  Beasley  sumoned  to  answer  Stephen  Manwaring  in  a plea  of 
the  case  and  the  sd  Manwaring  came  and  saith  that  the  sd  Beasley  refuseth 
to  prforme  a contract  and  assumption  by  him  made  for  the  sawing  w*1' 
the  sd  Manwaring  or  his  serv*  five  thousand  five  hundred  foot  of 
planke  for  the  use  of  the  sd  Manwaring  upon  consideration  three  thou- 
sand five  hundred  pounds  of  tobacco  wch  was  due  from  the  sd  Robert 
Beasley  to  y°  sd  Stephen  Manwaring.  But  ye  sd  Robert  Beasley  making 
it  appear  that  the  sd  action  of  the  case  now  brought  by  the  s'1  Manwaring 
hath  alreddy  been  tryed  by  the  Country  in  several  Cor,s  and  found  for  the 
Defend*  Ordered  that  it  be  dismissed  and  y*  the  sd  Stephen  Manwaring 
pay  costs. 

George  Harris  sworne  Deputy  Marshall 

Richard  Bentley  craves  judgment  for  allowance  according  to  law  for 
his  attending  upon  this  Court  one  day  and  a day  eomeing  and  day  goe- 
ing  being  sumoned  by  John  Bentley  to  give  his  evidence  in  an  action  be- 
tween Cornelius  Lerry  and  ve  sd  John  Bentley 

Ordered  that  the  sd  John  Bentley  pay  unto  ye  sd  Richard  Bentley  ye 
sume  of  five  shills  and  ten  pence 

Wm  Bentley  craves  judgem*  for  allowance  according  to  law  for  attend- 
ing upon  this  Court  one  day  and  a day  eomeing  and  a day  goeing  being 
sumoned  by  Jn°  Bentley  to  give  evidence  in  an  action  between  Cornelius 
Lerry  and  the  sd  Jn°  Bentley 

Ordered  that  the  sd  John  Bentley  pay  unto  the  sd  Wm  Bentley  ye 
sume  of  five  shillings  and  ten  pence 

Jonathan  Ashford  Craves  judgement  for  allowance  according  to  law  for 
his  attendance  on  this  court  one  dav  and  a day  eomeing  and  a day  goeing 
being  sumoned  bv  Jno  Bentley  to  give  evidence  in  an  action  between 
Cornelius  Lerry  and  the  sd  John  Bentley 

Ordered  that  ye  sd  John  Bentley  pay  unto  ye  sd  Jonathan  Ashford  ye 
sume  of  five  shillings  and  ten  pence 


COLONIA  L R EC(  )RDS. 


417 


Jno  Mason  bound  over  to  appear  at  this  Court  to  answer  \\  fn  Bournsby 
in  an  appeal  from  judgment  given  upon  a verdict  of  Jury  in  Pascotank 
Court  against  tlie  sd  Wm  Bournsby  and  the  sd  John  Mason  appeareth  by 
Mr  Manwaring  his  attorney  and  the  sd  Bournsby  by  Capt  Henderson 
Walker  his  attorney 

And  the  Court  will  hereof  advice 

Peter  Grey  sworne  Deputy  Marshall 

Wm  Lacy  jnn  craves  judgem*  for  Ids  allowance  according  to  law  for 
his  attending  two  ds  upon  this  Court  and  a day  and  a day  goeing  being 
sumoned  by  Mr  Stephen  Manwaring  to  give  evidence  for  the  sd  Manwar- 
ing in  action  between  the  sd  Stephen  Manwaring  and  Mr  Robert  Wilson. 

Ordered  that  the  sd  Stephen  Manwaring  pay  unto  y®  sd  Wm  Lacy  the 
sume  of  eight  shillings  and  four  pence 

Joan  Vos  Craves  judgrn*  for  Lawfull  allowance  for  her  attending  upon 
this  Court  two  days  and  day  coming  and  day  goeing  being  sumoned  to  give 
evidence  for  Mr  Robert  Wilson  in  an  action  between  y®  sd  Robert  Wil- 
son and  Stephen  Manwaring 

Orderd  that  ye  sd  Robert  Wilson  pay  unto  the  sd  Joan  Vos  the  sume 
of  eight  shills  and  four  pence 

Wm  Vos  craves  judgin'  for  allowance  according  to  law  for  his  attend- 
ance upon  this  Court  two  dayes  and  a day  comeing  and  a day  goeing 
being  sumoned  to  give  evidence  in  an  action  between  Robert  Wilson  and 
Stephen  Manwaring 

Ordered  that  the  sd  Stephen  Manwaring  pay  unto  the  sd  Wm  »s  v° 
sume  of  eight  shillings  and  four  pence 

Patrick  Keniday  Craves  judgem4  for  allowance*  according  to  law  for 
his  attendance  upon  this  Court  two  days  and  a day  coming  and  a day 
goeing  being  sumoned  to  give  evidence  for  Stephen  Manwaring  in  an 
action  between  the  sd  Stephen  Manwaring  and  Mr  Robert  Wilson 

Ordered  that  the  sd  Stephen  Manwaring  pay  unto  the  sd  Patrick  Keni- 
day the  sume  Eight  shill  A four  pence. 

Patrick  Keniday  craves  judgin'  for  allowance  according  to  law  for  his 
attendance  upon  this  Court  two  Days  being  sumoned  to  give  evidence 
for  Robert  Wilson  in  an  action  between  the  sd  Wilson  and  the  sd  Man- 
waring  Ordered  accordingly 

John  Ilolford  craves  judgin*  for  allowance  according  to  law  for  attend- 
ing this  court  as  an  evidence  for  Tho.  Ilassold  ag*  Thomas  White  and 
Diana  his  wife  three  days  and  day  coming  and  day  goeing. 

Ordered  that  the  sd  Thomas  Hassold  pay  unto  the  sd  John  Holford  y® 
sume  of  ten  shills  and  ten  pence 
49 


COLONIAL  RECORDS. 


418 

Thomas  Stephens  Craves  allowance;  according  to  law  for  his  attend- 
ing of  this  Court  as  an  evidence  for  Stephen  Manwaring  ag‘  Robert 
Wilson  two  days  and  day  coining  and  day  goeing 

Ordered  that  the  sd  Stephen  Manwaring  pay  unto  the  the  sd  Thomas 
Stephens  eight  shillings  and  four  pence 

Eliz  Mowbery  craves  allowance  for  her  attendance  as  an  evidence  for 
Patrick  Henley  agst  Wm  Bournsby  four  days  and  a day  eomeing  and  a 
day  goeing 

Ordered  that  the  sd  Patrick  Henley  pay  unto  the  sd  Elizabeth  Mow- 
bery y8  sume  of  thirtee  shills,  and  four  pence 

Jn°  Twegger  craves  allowance  for  attending  this  Court  being  an  evi- 
dence for  Stephen  Manwaring  against  Robert  Wilson  four  days  and  a 
day  eomeing  and  a day  goeing 

Ordered  that  the  said  Stephen  Manwaring  pay  unto  y*  Jn°  Tweger  the 
sum  of  thirteen  shillings  and  four  pence. 

Jn°  Twegger  craves  allowance  for  his  attendance  being  an  evidence  for 
The  Hassold  agst  Thomas  White  and  Diana  his  wife  three  days  and  a day 
eomeing  and  a day  goeing 

Ordered  that  the  sd  Thomas  Hossold  pay  unto  the  sd  Jn°  Twegger  the 
same  of  ten  shill8  and  ten  pence 

James  ffewox  proveth  his  right  to  one  hundred  acres  of  land  by  impor- 
tation of  Richard  Bachelor  & Jn°  Haswell 

Jn°  Symons  proveth  his  right  to  fifty  acres  of  land  by  the  importation 
of  himself. 

Court  adjourned  untill  September  the  28 

September  yc  28  1694  forenoon 

I Vnt  Dan1  Akehurst  esqr  Seer  ffrancis  Tomes  Ben.  Dakar  Majr  Sam1 
Swann  Coll  Thomas  Pollock  esq1  Lords  Deputys  Capt  Anthony  Dawson 
assistant 

Wm  Lacy  Senr  Craves  allowance  for  his  attendance  being  an  evidence 
for  Stephen  Manwaring  ag8t  Robert  Wilson  two  ds  and  day  eomeing  and 
(lav  goeing 

Ordered  that  the  sd  Stephen  Manwaring  pay  unto  the  sd  Wm  Lacv 
eight  shills  and  four  pence 

Mr  Edward  Mayo  craves  allowance  for  his  attendance  being  an  evi- 
dence for  Thomas  Hassold  in  his  action  against  Thomas  White  and 
Diana  his  wife  three  (laves  and  a day  eomeing  and  goeing 

Ordered  that  the  sd  Thomas  Hassold  pay  unto  the  sd  Edward  Mayo 
the  sume  of  ten  shills  and  ten  pence 


COLONIAL  RECORDS. 


419 


Timothy  Pead  and  diaries  Thomas  bound  over  upon  information  of 
Mathias  Towler  to  answer  their  contempt  in  taking  away  a whale  from 
him  the  s'1  Mathias  Towler  he  having  a Lycence  from  the  HonbIe  Gov- 
ernor for  whaling.  It  sufficiently  appears  to  the  court  that  the  sd  Timo- 
thy Pead  and  Charles  Tho  did  not  in  any  wise  shew  any  contempt  of 
authority 

Ordered  that  the  sd  Timothy  Pead  and  Charles  Thomas  be  discharged 

Present  Mr  Jn°  Durant  assistant 

Mathias  Towler  bound  over  by  order  of  Couratnek  Court  bearing  date 
the  twenty  third  day  of  April  last  for  feloniously  taking  of  eight  Bar- 
rels belonging  to  Timothy  Pead.  It  appearing  by  the  oath  of  An  Ros 
y*  she  y®  sd  An  Ros  to  whom  the  Barrel  Is  did  then  belong  gave  her  con- 
sent that  the  sd  Mathias  Towler  should  have  the  Barrel  1 pay  her  for  them 
and  that  her  consent  was  given  to  y®  sd  Towler  for  the  sd  Barrells  before 
any  agreem4  was  made  wth  the  sd  Timothy  Pead  concerning  them 

Ordered  that  the  sd  Mathias  Towler  be  discharged. 

Charles  Thomas  by  his  petition  sheweth  that  he  the  sd  Charles  Thomas 
had  done  ten  dayes  worke  upon  the  whale  wch  afterwards  Mathias  "fow- 
ler tooke  from  Timothy  Pead  and  Company  woh  he  proveth  bv  the  oath 
of  An  Ros. 

Ordered  that  Mathias  Towler  pay  unto  the  sd  Charles  Thomas  for  his 
labour  done  upon  the  whale  ten  shillings  and  upon  assign  m4  of  Timothy 
Pead  two  shillings  and  six  pence  due  to  the  sd  Pead  for  his  labour  in  and 
about  the  sd  whale  with  costs  of  this  prsent  Order 

Anne  Ros  humbly  sheweth  that  she  the  sd  Ros  wth  the  assistance  of 
some  of  her  owne  family  tryed  up  three  Harrell  of  oyle  out  of  tin*  whale 
woh  Mathias  Towler  afterwards  took  from  timothy  Pead  and  their  company 
and  that  slice  did  other  labour  about  the  sd  whale  And  that  Mathias  Towler 
had  by  her  consent  and  upon  promis  of  pay  seven  barrells  for  all  wch  she 
praveth  judgem* 

Ordered  that  Mathias  Towler  pay  unto  the  sd  Anne  Ros  the  sunn*  of 
fifty  one  shillings  and  three  pence  wth  cost  of  this  order 

Edward  Sup  craveth  allowance  for  attendance  being  an  evidence  for 
Sarah  Johnson  against  Jn°  Hopkins  two  day  and  a day  coming  and  a day 
goegoeing.  Capt.  Anthony  Dawson  humbly  praying  that  Willm  Bentley 
mav  make  appear  his  title  to  the  land  called  Ilawtry  Neck  upon  eonsid- 
eraeon  of  the  whole  matter 

Ordered  that  Cap1  Dawson  have  the  land  lying  on  the  head  of  Ben 
Dakar  est|r  his  land  according  to  the  entry  made  by  Capt.  Anthony  Daw- 


son 


420 


COLONIAL  RECORDS. 


Leonard  Loften  proveth  rights  for  himself  and  Eli/  his  wife. 

Richard  Bentley  by  his  attorney  Cap*  Henderson  Walker  shewing  that 
the  action  brought  by  Corne.  Lorry  agBt  the  sd  Bently  was  not  actionable 
by  law  Immblv  craves  a hearing  in  Chancery 

Ordered  that  that  the  sd  Lerry  be  sumoned  to  appear  at  the  Court  Chan- 
cery to  be  holden  the  twenty  ninth  day  of  November  next  to  answer 
the  premises  and  the  sd  Rich.  Bentley  give  good  security  for  prosecution. 

John  Mason  acknowledged  a bill  of  sale  for  twenty  four  head  of  cattle 
to  Robert  Kitehing 

John  Mason  aeknowledgeth  his  and  Sarah  his  wife  their  assignem*  of 
a bill  of  sale  made  to  the  sd  Jn°  Mason  by  Jn°  Don  of  a certain  planta- 
tion in  the  prcinct  of  Couratuck  lying  next  to  Whitts  Island  unto  the  sd 
Robert  Kitehing. 

Upon  Petition  of  Jonathan  Bateman  shewing  that  he  haveing  maried 
the  Relic*  of  Lawrence  Arnold  deceased  hath  paid  several  1 debts  of  the 
sd  Arnold  and  the  executor  of  the  last  will  of  the  sd  Arnold  being  under 
age  he  humbly  prayeth  that  he  may  be  be  reimbursed  the  sd  debts  wth  his 
charges  It  appearing  that  noe  probat  hath  been  given  of  the  sd  Will 

Ordered  that  a probat  be  given  of  the  last  will  of  the  sd  Arnold  to  ve 
Execute1  by  the  sd  Will  appointed  and  forasmuch  as  the  executor  is  un- 
der age  Jonathan  Bateman  his  guardian  shall  in  his  behalfe  Execute  the 
sd  Will 

Sarah  Mason  wife  of  Jno  Mason  aeknowledgeth  her  free  and  voluntary 
assent  to  the  assignment  of  John  Dons  bill  of  sale  unto  Robert  Kitch- 
ing 

The  Court  adjourned  untill  two  of  clock 

Septemb*  28  After  noon 

Prsent  Dan1  Akehurst  esqr  Secre*  ffrancis  Tomes  Benjamin  Lakar 
Majr  Sam1  Swann  Coll  Thomas  Pollock  esqr  Lords  Deptys  Cap*  Anthony 
Dawson  Mr  Jn°  Durant  assistants 

Jn°  Previt  proves  his  right  three  hundred  acres  of  land  bv  the  impor- 
tation of  Jn°  Previt  twice  transported  An  his  wife  Philip  Warde  Jn°  Pre- 
vit Jur  Mary  Previt 

Majr  Sam1  Swann  proveth  his  right  to  six  hundred  and  fifty  acres  of 
land  by  the  importation  of  Sam1  Swann,  Sarah  Swann,  Win,  Sam,  Sam- 
son, Henry  and  Thomas  Swann,  Eli/  Hunt,  Tom,  Mary,  Hanah  Eli/ 
and  Jane  Serv*3 

Jn°  and  Sarah  Mason  craves  allowance  for  their  attendance  being  evi- 
deuces  for  Patrick  Henley  against  Wm  Bournsbv  each  four  ds  and  day 
comeing  and  day  goeing. 


COLONIAL  RECORDS. 


421 


Ordered  that  the  sd  Patrick  Henley  pay  unto  the  sd  Jno.  Mason  and 
Sarah  his  wife  the  sume  of  twenty  six  shill8  and  eight  pence  Prsnfc  y® 
Honebl  Thomas  Harvey  Depty  Govern1, 

Mrs  Anne  Durant  shewing  that  two  of  the  apprisors  appointed  to  ap- 
prise the  estate  of  Mr  George  Durant  decd  are  bv  departure  or  sickness 
disabled.  Craves  that  other  may  be  appointed  in  their  stead. 

Ordered  that  Mr  Jn°  West  Mr  -In"  Whitby  Jonathan  Bateman  and 
Tho.  Hassold  or  any  three  of  them  being  sworne  before  Mr  Jn°  Godfrey 
shall  apprise  the  sd  estate 

Mr  ffoster  Jervis  era  vet  h a division  to  be  made  of  the  estate  of  Thomas 
Jervis  esqr  decsd  that  the  sd  ffoster  Jervis  may  have  his  part  separate. 

And  Mr  Charles  Neal  in  behalf  of  Dorcas  Daughter  of  y®  sd  Charles 
Neal  and  Dorkas  his  wife  who  was  daughter  of  the  sd  Thomas  Jervis 
humbly  prayeth  that  the  part  or  portion  belonging  to  the  sd  Dorcas  Neal 
out  of  her  grandfather  y®  sd  Thomas  Jervis  his  estate*  may  be  delivered 
to  y®  sd  Charles  Neal  in  behalf  of  his  sd  daughter 

Ordered  that  Mr  W,n  Allen  Mr  Thomas  Yandermulen  and  Rich.  San- 
derson jur  or  any  two  of  them  shall  make  devision  of  the  estate  of  the 
sd  Thomas  Jervis  and  that  tlx*  sd  ffoster  Jervis  have  his  part  or  portion 
of  the  sd  estate  and  that  the  parte  or  portion  of  thesd  estate  belonging  to 
y®  aforementioned  Dorkas  Neal  be  delivered  unto  tin*  sd  Charles  Neal  he 
giving  security  before  the  preinct  Cort  of  Couratuck  for  the  same 

An  Ros  craveth  allowance  for  her  attendance  (being  an  evidence  for 
Mathias  Towler)  four  days  and  two  days  coming  and  two  dayes  goeing. 

Ordered  that  the  sd  Mathias  Towler  pay  unto  v®  sd  An  Ros  sixteen 
shillings  and  eight  pence 

Thomas  Tull  shewing  that  in  y®  year  1689  he  the  said  Thomas  Pull 
obtained  a nonsute  against  Jno.  Gibbs  esqr  for  woh  noe  satisfaction  hath 
hitherto  been  made  for  his  costs  and  charges  therein.  The  matter  at  the 
request  of  the  sd  Thomas  'Pull  and  of  Mr  Edw  Mayo  attorney  of  the 
Jn°  Gibbs  being  referred  to  the  Cour* 

Ordered  that  the  s'1  Edward  Mayo  as  attorney  of  y®  sd  Jn°  Gibs  pay 
unto  the  sd  Tho.  'Pull  the  sume  of  five  pounds  wth  costs  of  this  prsent 
Judgcm1  in  satisfaction  for  all  the  costs  and  charges  of  tin*  sd  Nonsute. 

Peter  Grey  craves  allowance  for  his  attendance  one  day  being  Evidence 
for  Mr.  Robert  Wilson  in  an  action  against  Stephen  Manwaring 

Ordered  that  the  sd  Robert  Wilson  pay  unto  Peter  Grey  the  sum  of 
thirty  pence 

Peter  Grev  craves  allowance  for  one  days  attendance  being  an  evidence 
for  Stephen  Manwaring  against  Mr  Robert  Wilson 


COLONIAL  RECORDS. 


422 


Ordered  that  the  sd  Stephen  Manwaring  pay  unto  Peter  Grey  thirty 

pence 

Peter  Grey  craves  allowance  for  one  d"  attendance  being  evidence  for 
Stephen  Manwaring  against  Robert  Beasley.  Ordered  that  Stephen 
Manwaring  pay  unto  the  sd  Peter  Grey  thirty  pence 

IN  CHANCERY 

Thomas  Gillam  and  Sarah  his  wife  sumoned  to  answer  Mr  Edward 
Smith wike  and  Jn°  Smith wike  tnid  they  came  and  Edward  Smithwike  by 
Cap1  Walker  their  attorney  pray  that  the  judgem4  obtained  against  them 
the  sd  Edw  Smithwike  and  Jn°  Smithwike  at  the  sute  of  Thomas  Gillam 
and  Sarah  his  wife  in  an  action  of  trcspas  at  the  Comon  law  may  be  re- 
versed and  they  unto  their  possession  may  be  restored  for  and  because  the 
plantation  and  dwelling  house  wherein  the  sd  trespas  was  pretended  to  be 
comitted  is  upon  the  land  formerly  survey  and  laid  out  for  Mr  Hugh 
Smithick  y®  Orato8  father  as  by  the  survey  returned  bv  the  Honrhl  Major 
Sam1  Swann  doth  appear  and  alsoe  craves  that  they  may  have  a patent 
for  the  sd  land  according  to  the  sd  survey  And  they  further  prove  that 
noe  force  hath  been  by  the  prsnl  Orators  used  for  the  gaining  of  their 
lawfull  possession  but  that  the  entry  whereon  the  sd  action  at  Comon  law 
against  them  was  brought  was  a peaeible  and  lawfull  entry  by  the 
Oathes  of  Mr  Nicholas  Chrisp  and  William  Charleton  upon  consideration 
of  the  whole  matter  and  hearing  of  all  ve  partys 

Decreed  that  the  right  and  title  of  the  sd  land  is  in  yesd  Mr  Edward  Smith- 
wike and  .Jn°  Smithwike  and  that  the  order  of  Court  obtained  against 
the  sd  Edward  Smithwike  and  Jno  Smithwike  at  y'sute  of  the  sd  Thomas 
and  Sarah  Gillam  be  reversed  and  it  is  hereby  reversed  and  y4  the  Pro- 
vost Marshall  or  deputy  shall  put  and  restore  y®  sd  Edward  Smithwike 
and  Jno  Smithwike  into  their  lawfull  possession  in  and  upon  the  planta- 
tion where  the  sd  Thomas  Gillam  now  livetli  upon  the  first  day  of  Janu- 
ary next  untill  wch  time  the  sd  Thomas  Gillam  and  Sarah  Gillam  shall 
have  liberty  peacibly  to  remove  all  their  goods  and  chattels  and  crop  of 
corne  of  & from  the  sd  plantation  Making  noe  wast  And  that  the  sd  Ed- 
ward Smithwike  and  Jno  Smithwike  shall  pay  unto  the  sd  Thomas  and 
Sarah  Gillam  v®  sum  of  five  pounds  in  porke  in  consideracon  of  the 
building  and  other  improvement  upon  the  sd  Plantation  by  them  done 
and  the  sd  Thomas  and  Sarah  Gillam  shall  pay  cost  of  sute. 

Sarah  Johnson  sumoned  to  answer  Jn°  Hopkins  and  she  came  and  by 
her  attorney  Majr  Alex  Lillington  humbly  moveth  that  she  may  have 
time  till  the  next  Court  for  preparing  and  bringing  in  her  answer  and 
the  sd  Jn°  Hopkins  by  his  attorney  Cap4  Henderson  Walker  moveth  that 


COLONIAL  RECORDS. 


423 


evidences  by  them  sommoned  mav  be  sworne  And  in  prsence  of  both 
partys  y®  affidavit  of  An  Ward  is  taken  for  the  sd  Jn°  Hopkins  and  the 
affidavit  of  Edward  Sap  is  taken  for  the  sd  Sarah  Johnson  and  the  fur- 
ther hearing  referred  until  y°  Court  of  Chancery  to  be  held  upon  the  29th 
day  of  November  next 

Adjourned  untill  Saturday  the  29th  day 


Saturday  September  ye  29th  1 (>9  4 

Prsnt  The  Honebl  Thomas  Harvey  csqr  Deputy  Govern1  Dan1  Ake- 
hurst  esqr  Secrt  Francis  Tomes  Benj.  Dakar  Majr  Sam1  Swann  Coll  Tho 
Pollock  esqr  Ld8  Deputys  Cap1  Anthony  Dawson  Mr  Jn°  Durant  assist- 
ants 

Henry  Palin  craves  allowance  for  his  attendance  being  an  evidence  for 
Wifi  Bournsby  agst  Patrick  Henley  six  days  and  day  coming  and  day 
goeing 

Ordered  that  the  sd  Win  Bournsby  pay  unto  the  sd  Ilenry  Palin  eigh- 
teen shills  and  four  pence. 

Henry  Palin  craves  allowance  for  his  attendance  for  Win  Bournsby 
ag8t  Mason  three  days 

Ordered  that  Wm  Bournsby  pay  unto  ve®  sd  Henry  Palin  seven  shills 
and  six  pence. 

John  Wilson  craves  allowance  for  attendance  an  evidence  for  Wm 
Collings  ag8t  Mary  Lamb  three  (hives  and  a day  coming  and  day  goeing 
— Ordered  that  the  s'1  Wm  Collings  pay  unto  the  sd  John  Wilson  ten 
shill  and  ten  pence 


Adjourned  until  I 
the  Last  Monday 
in  November 
being  ve  24th 
of  November 
1 (>94 


THOMAS  HARVEY 
DANIEL  A K EH  l J RSI 
BENJAMIN  DAKAR 
THOMAS  POLLOCK 
SAMUEL  SWANN 
FFRANCIS  TOMES 
ANTHONY  DAWSON 
JOHN  DURANT 


GEN911  COURT  HOLDEN 
WHITE  Y 26th 


AT  THE  HOUSE  OF  THOMAS 
DAY  OF  NOVEMBER 


Present  The  Hon'ble  Thomas  Harvey  esqr  Depty  Govern  The  HonebIe 
Dan1  Akehurst  tfrancis  Toomes  Benjamin  Dakar  Sam1  Swann  Coll  Tho. 
Pollock  esqr  Ld8  Deputys  Mr  Robert  Wallis  assistant 

The  Court  meet  and  adjournne  untill  y®  27th  instant  7 of  y®  clock 


COLONIAL  RECORDS. 


November  y®  27"'  ('forenoon 

Presi^  y*  Honerble  Thomas  Harvey  csqr  D Gove*  The  Honebl®  Dan1 
Akelmrst  ffraneis  Pomes  Benjamin  Dakar  Majr  Sam1  Swann  Col  Thomas 
Pollock  es<|r  Lds  Deputys  Mr  Wffi  Duekenfield  Mr  Robert  Wallis  assist- 
ants 

The  Court  meet  and  y®  Members  above  named  take  y®  oath  under- 
written 

The  forme  of  the  Oath 

You  shall  doe  equal  1 Right  toy®  poor  and  rich  after  your  Cuning  wilt 
& Power  you  shall  not  be  of  Councell  of  any  quarrell  hanging  before 
you 

The  Oath  of  the  Grand  Jury 

You  shall  as  foreman  of  the  Grand  Jury  of  Inquest  of  the  Body  of 
this  County  deligently  to  Inquire  into  and  true  presentin'  make  of  all 
such  matters  as  shall  be  given  you  in  charge.  Their  Majesties  Couneel 
your  owne  and  your  fellows  you  shall  faithfully  keep.  You  shall  prsent 
none  for  malice  hatred  or  revenge  you  shall  leave  none  imp'sented  for 
pity  fear  Love  favour  or  affection.  You  shall  take  or  be  in  Expectation 
of  receiving  noe  gift  bribe  or  reward  but  you  shall  in  all  things  present 
the  truth  the  whole  truth  and  nothing  by  the  truth  according  to  yor 
knowledge  Soe  help  you  God 

The  Attorney  Genlls  Oath 

You  shall  swear  as  their  Majesties  Attorney  Gen®11  w‘h  this  Govern)' 
truelv  and  faithfully  to  Execute  the  sd  Office  to  y®  best  of  vr  Witt  Cun- 
ing  and  power  soe  long  as  you  shall  continue  in  the  sd  Office  Soe  help 
you  God 

Mr  John  Porter  Jur  sworne  Attorney  Gen" 

Orderd  y'  y®  Attorney  Gen"  forme  an  Indictment  on  their  Majesties 
Behalf  against  Mr  John  Philpot 

Alexander  Lillington  attor  of  Mr  John  Wright  of  Virginia  comes  to 
prosecute  his  sute  against  Thomas  Hawkins  of  this  County  in  a plea  of 
Debt  referred  from  the  last  Gen"  Court  and  the  s'1  Thomas  Hawkins 
came  not  and  the  sd  Alex  Lillington  craves  Judgin'  ags*  Cap'  Henderson 
Walker  for  the  sd  debt  bv  vertue  of  of  an  order  passed  y®  last  Court 
upon  an  assumption  made  by  the  sd  Henderson  Walker  for  the  sd  Thomas 
Hawkins’s  appearance  at  this  Crt  to  answer  the  sd  sute  and  for  as  much  as 
the  sd  Thomas  Hawkins  appeared  not  either  bv  himself  or  his  lawfull 
attorney 


COLONIAL  RECORDS. 


425 


Order'*  that  y®  sd  Capt  Henderson  Walker  pay  unto  ye  said  Alexander 
Lillington  attorney  of  y®  sd  John  Wright  y®  sume  of  sixty  three  pounds 
fourteen  shillings  according  to  Specialty  \vth  costs  of  sute  als  Execution 
And  the  sd  Henderson  Walker  craves  that  further  proceedings  in  the 
abovesd  sute  may  be  stayed  untill  an  hearing  of  the  matter  be  had  in  their 
Ldsps  Court  of  Chancery  to  be  held  ye  day  of  ffebruary  next, 
and  the  sd  Henderson  Walker  for  himselfe  and  Coll  Win  Wilkison  on  y® 
sd  Henderson  Walker’s  behalfe  undertake  and  assume  upon  their  selves 
joyntlv  and  severally  in  the  penall  sume  of  one  hundred  twenty  seven 
pounds  eight  shills  to  be  levyed  of  their  goods  and  chattels  to  y®  use  of 
the  sd  Alex  Lillington  Attorney  of  the  sd  John  Wright  for  ye  sd  Hender- 
son Walkers  appearance  at  their  Lordships  Court  of  Chancery  to  be 
holden  y®  day  and  moneth  aforesd  to  prosecute  y®  sd  appeal 

Dan1  Philips  take  y®  Oath  of  Deputy  Marshall  of  this  County. 

John  Hopkins  by  his  attorney  Capt  Henderson  Walker  comes  to  pros- 
ecute his  attach m‘  against  y®  estate  of  Win  Spragg.  And  y®  Provost 
Marshall  returnes  attached  on  y®  behalfe  of  y®  sd  John  Hopkins  six  sheep 
one  p of  stilliards  and  one  loom  one  Cow  and  yearling  one  cow  and 
calfe  wth  what  ever  of  the  estate  of  the  sd  Wm  Sprag  is  in  y®  possession 
of  Christopher  Butler  and  three  pounds  five  shillings  in  the  hands  of 
Lawrence  Mesell  and  y®  sd  John  Hopkins  saith  y‘  y®  sd  Wm  Sprag  is 
justly  indebted  to  him  the  sd  Hopkins  y®  sume  of  fourteen  hundred 
pounds  of  Merchantable  Porke  for  and  in  consideration  of  fourteen  sheep 
sould  by  the  said  John  Hopkins  to  y®  sd  Wm  Sprag  and  further  saith  y* 
upon  demand  of  y®  sd  Debt  made  by  y®  sd  John  Hopkins  the  sd  Wm 
Sprag  willingly  tendered  y®  sd  sheep  unto  y®  said  John  Hopkins  for  sat- 
isfaction of  the  sd  Debt  of  fourteen  hundred  pounds  of  porke  but  that 
Christopher  Butler  by  fJswation  prevented  the  same  and  in  short  time 
after  woh  designe  and  purpose  y®  sd  John  Hopkins  of  his  just  debt  to 
defraud  purchased  all  the  estate  of  tin*  sd  Wm  Sprag.  And  the  said 
Christopher  Butler  by  Stephen  Manwaring  his  attorney  conies  and  de- 
fends v®  sute  and  saith  y‘  judgenf  of  y®  goods  attached  he  ought  not  to 
have  for  and  y*  y®  sd  Butler  had  lawfully  purchased  all  the  goods  and 
chattels  of  y®  sd  Wm  Sprag  and  this  lie  desireth  may  be  inquired  of  bv 
the  Country  and  the  sd  Hopkins  likewise,  t herefore  the  Marshall  is 
required  that  he  cause  to  come  here  twelve  true  and  lawfull  men  of  the 
vicinage  and  who  to  neither  of  the  ptys  are  any  ways  related  by  whom 


50 


COLONIAL  RECORDS. 


426 


the  truth  of  the  matter  may 
sworne 


!)(•  tryed  who 
Namely 


accordingly  impanelled  and 
"John  Stepney  forem" 
Mr  James  ffisher 
Mr  Tho  I lorton 
Mr  Dan1  Snooke 
Mr  I sack  Wilson 
Mr  Robert  Beasley 
Mr  George  Dear 
Mr  Geo.  Mathews 
Mr  Robert  Moline 
Mr  Rich  Cheston 
Ml  Jenkins  Williams 
Mr  Henry  Norman 


say  upon  their  Oath  we  finde  for  the  Plantife 

Evidences  sworne  for  Plantif  Arthure  Carleton,  James  ffisher  Coll  Wm 
Wilkison,  Majr  Alexandr  Lillington 

ffor  defend4  Wm  Charleton  and  Arthure  Carleton 
Ordered  that  the  Marshall  make  paym4  of  the  sd  sume  of  fourteen  hun- 
dred pounds  of  porke  unto  y®  sd  John  Hopkins  of  y®  goods  attached 
being  apprised  according  to  law  wth  costs  of  sute  A y®  overplus  if  any 
be  to  returne  to  the  said  Christopher  Butler. 

And  the  sd  Christopher  Butler  craves  that  further  proceedings  in  y® 
jfmisses  be  stayed  untill  full  hearing  of  v®  whole  matter  be  had  at  the 
next  Court  of  Chancery  to  be  holden  for  this  Goverm4  And  MT  Stephen 
Manwaring  on  behalfe  of  y®  sd  Christopher  Butler  and  ye  sd  Butler  in 
his  owne  behalfe  assume  upon  themselves  in  the  penal  1 sum  of  twenty 
eight  hundred  pounds  of  Merchatable  porke  jointly  or  severally  to  be 
levyed  on  their  goods  and  chattels  to  y®  use  of  y®  sd  John  Hopkins  if 
y®  sd  Butler  shall  make  default  in  the  prosecution  of  his  said  appeal 
Coll  Wm  Wilkison  having  been  bound  over  for  his  appearance  at  this 
court  and  his  good  behaviour  in  the  mean  time  makes  his  personal]  ap- 
pearance and  the  Court  haveing  considered  ve  complaint  made  agst  him 
Ordered  that  the  sd  Coll  Willrn  Wilkison  give  good  and  sufficient  surety 
for  his  good  abearing  towards  their  majesties  and  towards  his  Excel!  the 
Palatine  and  rest  of  the  true  and  absolute  Lds  proprietors  and  inhabi- 
tants of  this  County  for  and  dureing  one  whole  year  and  one  day.  And 
the  said  Wm  Wilkison  acknowledged  himselfe  to  be  firmly  held  and 
bound  in  the  penall  sum  of  one  hundred  pounds  and  Mr  Thomas  Blount 
of  this  County  of  Albemarle  under  takes  on  v®  behalfe  of  y®  sd  Wm 
Wilkison  in  y®  sum  of  fifty  pounds  to  be  j >a i d to  his  Excel  the  Palatine 
and  rest  of  ye  true  and  absolute  Lords  proprietors  their  heirs  and  suc- 
cessors wch  sd  sevearall  sums  they  doe  acknowledge  to  be  levyed  on  their 


COLONIAL  RECORDS. 


427 


goods  and  chattels  to  y®  use  afores4  if  v®  sd  Wm  Wilkison  shall  be  defi- 
cient in  the  above  written  order. 

Wm  Bundy  acknowledged  his  bill  of  sale  to  Timothy  Clear  of  a tract 
of  land  situate  in  Pequimons  Prec1  between  v®  lands  late  of  Joshua  Scot 
and  the  lands  called  comonly  Finckley 

Andrew  Ross  proves  by  y®  Evidence  whose  names  are  thereunto  sub- 
scribed his  Letter  of  Attorney  from  Robert  Scott.  ( )rdered  to  be  Recorded. 

A letter  of  Attorney  from  Mary  wife  of  Lawrence  Mage0  to  Andrew 
Ros  proved  by  y®  Evidence  thereunto  subscribed  Ordd  to  be  Recorded 
A letter  of  attorney  from  John  Keeton  to  Major  Alex  Lillington  proved 
by  y®  Evidences  and  ordered  to  be  Recorded 

A Letter  of  Attorney  from  James  Alexander  to  Major  Alexander 
Lilling  proved  by  the  Evidences  and  ordered  to  be  Recorded 
The  Grand  Jury  sworne  Namely 
The  Court  adjourned  untill  five  of  Clock 


The  Court  Meet  Presnt  The  Hon®bI  Thomas  Harvey  esqr  Depty  Governr 
The  Honebl  Dan1  Akehurst  tfrancis  Tomes,  Benj  Lakar,  Sam1  Swann  Coll 
Thomas  Pollock  esqr  Ld"  Deputvs  Wm  Duckenfield  and  Mr  Robert  Wal- 
lis assistants  Mad"1  Susanah  Heart  ley  Executrx  ol‘  the  last  Will  andtes- 
tam*  of  Col  tfrancis  lleartley  deceased  arrested  to  answer  y®  Plaint  of 
Patrick  Henley  in  a plea  of  Case  And  y®  said  Patrick  Henley  comes  and 
saith  that  y®  defend1  is  indebted  to  him  by  ace1  contracted  by  y®  sd  tfran- 
cis Heartley  in  Ids  life  time  y®  sum  of  twelve  pounds  and  the  Defend4 
by  Cap1  Henderson  W alker  her  attorney  defends  the  sute  and  craves  oyer 
of  y®  sd  ace1  woh  being  read  she  further  saith  that  satisfaction  of  and  for 
y®  sd  ace1  hath  alreddy  been  made  and  this  she  desireth  may  be  inquired 
of  bv  the  Country  and  the  sd  Henley  likewise  and  the  Marshall  is 
eomanded  y'  he  cause  to  come  here  twelve  true  and  lawful]  men  of  y® 
vicinage  and  who  to  neither  of  y®  partys  are  related  by  whom  the  truth 
of  the  matter  may  be  found  who  accordingly  impanelled  and  sworne 


November  y®  27th  five  of  v®  Clock 


Namelv  John  Stepney 


Sav  upon  their  Oath 
We  finde  noe  cause  of  Action 


Isaac  Rowden 
Janes  Farloe 
tfrancis  M ade 
John  Hopkins 


Evidences  fur 
defend1 


. Robert  Wilson 
-Jurv  riv .1. ..  f\\ 


Timothy  Clear 


James  Wisher 
Isaac  M i Ison 
Robert  Moline 


Ordered  that  y®  sute  be  dismissed 
and  that  the  sd  Henley  pay  costs  of 
sute. 


Thomas  Lepper 
^Jolin  Alford 


128 


COLONIAL  RECORDS. 


John  Stepney  comes  to  prosecute  lii.s  attachment  of  one  steer  y* 
estate  of  Win  Sprag  by  Reference  from  the  last  Court  at  \vcb  Court  In; 
had  made  his  debt  appeal'  to  be  twenty  six  shillings*by  Bill  And  Chris- 
topher Butler  comes  and  sath  that  judgm*  of  y®  chattel  1 attached  he  ought 
not  to  have  for  and  that  y®  sd  chattel  1 is  by  purchase  from  y*  sd  Win 
Sprag  his  y®  sd  Butlers  proper  goods  and  this  hedesireth  may  be  inquired 
of  by  the  Country  and  the  sd  Stepney  likewise.  Wherefor  the  Marshall 
is  required  that  he  cause  to  come  here  twelve  true  and  lawfull  men  and 
who  to  neither  partys  are  any  wayes  related  by  whom  the  truth  of  the 
matter  may  be  found  who  being  impanelled  and  sworne  viz 


Say  upon  their  oath  We  finde 
for  the  plantif  with  Costs 


Isaak  Wilson 
Tho  Lepper 
Robert  Moline 
Rich  Madren 
John  Halford 


Isaak  Rowden 
James  ffarloe 
f frail  eis  Warde 
(Jury^  Robert  Wilson 
Ralph  ffleteher 
James  ffisher 
Timothy  Clare 

Ordered  that  y®  Marshall  make  pay  in1  of  v®  sd  Steer  apprised  according 
to  law  unto  the  sd  John  Stepney  for  y®  defraying  of  y®  sd  sume  wth  costs 
of  sute  and  y®  overplus  if  any  be  to  returne  to  the  sd  Christopher  Butler 
And  the  sd  Butler  crave  hearing  hereof  to  to  be  hail  at  y®  next  Court 
of  Chancery  and  in  the  mean  time  all  proceedings  at  comon  law  be  stayed 
and  George  Mathews  on  y®  behalf  of  y®  sd  Christopher  Butler  surety  for 
y®  prosecution 

Stephen  Manwaring  comes  to  prosecute  his  sute  upon  a reference  from 
the  last  Court  in  a plea  of  defamacon  against  Mr  Robert  Wilson  and  y® 
sd  Wilson  by  Mr  John  Porter  Jur  his  attorney  comes  and  saith  that  y®  sd 
action  against  y®  sd  Robert  Wilson  ought  not  to  be  had  for  and  because 
the  same  action  had  before  been  brought  by  v®  sd  Stephen  Manwaring  agst 
y®  defend1  and  upon  try  all  by  the  Country  was  found  for  the  defendt 
Order4  y*  y®  sute  be  dismissed  and  y*  y®  sd  Stephen  Manwaring  pay 


costs 


Adjourned  untill  y®  28th  of  Instant  7 of  the  clock  in  the  morning: 


November  y®  28th  Forenoon 

Court  meet  Presn1  The  Honeb,e  Thomas  Harvey  esqr  Deptv  Govern1, 
The  Honbl  Dan1  Akehurst  ffrancis  Tomes  Benj  Lakar  Maj  Sam1  Swann 
Coll  Tho  Pollock  esqr  Lds  Deputys  Mr  Will  Duckenfield  Mr  Robert 
Wallis  assistants 

The  list  of  titliables  being  brought  in  and  being  in  number  seven  him- 
© ~ © 

dred  eighty  seven.  By  vertue  of  an  order  of  Assembly  impowering  this 


COLON  I AL  R ECORDS. 


429 


Court  to  lay  y®  sume  of  one  hundred  and  ninety  five  pounds  eleven  shil- 
lings and  ten  pence  upon  the  tithables  now  brought  in  ordered  that  for  the 
defraying  y®  sd  Charge  of  one  hundred  ninety  five  pounds  eleven  shillings 
and  ten  pence  the  Collector  Major  Alexander  Lillington  or  his  deputy  or 
deputys  levy  by  distress  upon  y®  sd  Seven  hundred  Eighty  seven  tithable 
y®  sum  of  five  shillings  pole  and  that  he  make  paynf  thereof  to  the 
severall  ^sons  to  whom  it  is  due  And  that  he  pay  unto  Mr  Edward 
Smithwike  forty  shillings  and  Mr  Robert  Beasley  twenty  shillings  for 
their  severall  journeys  into  Virginia  to  y®  Rt  Honebl  Governr  Ludwell 
on  y®  Country  service  out  of  the  forty  pounds  advanced  towards  publick 
buildings.  And  that  alsoe  v®  sd  Collector  or  his  deputy  or  deputys  be  and 
are  Hereby  Impowered  to  make  distrust  for  his  just  arrears  of  his  last 
veares  collection  for  wch  he  hath  not  alreddy  taken  Bill 
Mr  ffrancis  Tomes,  dissents 

Robert  Wilson  comes  to  prosecute  his  action  of  trespas  of  the  case  against 
Stephen  Manwaring  referred  the  last  Court  that  by  y®  survey  thereof  or- 
dered to  be  returned  to  this  Court  it  might  plainly  appear  where  the  tres- 
pas lay  And  y®  survey  of  v®  land  of  y®  sd  Stephen  Manwaring  according 
to  v®  sd  order  being  returned  it  doth  appear  that  v*  land  and  plantacon 
whereon  the  sd  Robert  Wilson  had  complained  v®  sd  trespas  to  have  been 
by  the  sd  Manwaring  comitted  was  wthin  the  bonds  of  y®  sd  Manwarings 
proper  land 

Ordered  that  y®  sd  sute  be  dismissed  and  that  the  sd  Rober  Wilson  pav 
costs  of  suite. 

'fhe  estate  of  Nathan1  Bell  of  Bermuda  attached  in  the  custody  of  Mr 
Joseph  Comander  to  answer  the  plaint  of  Mr  Willm  Duckenficld  and  the 
sd  Wm  Duckenficld  came  and  saith  v‘  y®  sd  Nathan'  Bell  is  justly  In- 
debted unto  the  sd  Wm  Duckenfield  bv  an  acc‘  y®  sume  of  six  pounds 
fourteen  shillings  woh  he  proves  by  his  owne  oath  and  the  oath  of  Hana- 
ball  Haskins. 

Ordeml  that  paym*  be  made  unto  v®  sd  Wm  Duckenfield  of  v®  sd  sum 
of  six  pounds  fourteen  shill  wth  costs  of  Sute  out  of  v®  estate  attached  as 
a fores4  als  Execution 

The  Marshall  being  comanded  to  attached  soe  much  of  y®  Goods  and 
Chattells  of  Joshua  Lamb  deceased  as  would  satisfy  v®  sum  of  fifteen 
pounds  in  porke  wth  cost  of  sute  recovered  of  Mary  Lamb  Administra- 
trix of  y®  Goods  and  Chattells  of  the  said  Joshua  Lamb  at  y®  sute  of 
Wifi  Collins  y®  Marshall  makes  returne  of  v®  s'1  Writt  y*  there  was  not 
goods  or  chattells  to  be  found 


COLONIAL  RECORDS. 


430 


Ordered  that  a writt  of  Elicit  he  granted  to  the  ,sd  Wm  Codings  as 
well  ag8t  all  goods  and  Chattel  Is  of  the  sd  Joshua  Lamb  as  ag'4  one  half 
of  all  his  lands  and  tenem4®  within  this  Govern)1 

Wm  Heneock  arrested  to  answer  Janies  tfarloe  in  a plea  of  the  ease  and 
y*  sd  James  ffarloe  came  and  saith  that  the  sd  Wm  Heneock  uiito  y* 
plantif  one  mare  hath  sould  wth  warranty  from  all  Ijpsons  and  claimes 
wch  sd  Mare  out  of  the  possession  of  y®  plan1  hath  since  been  taken 
claimed  and  held  contrary  to  y*  intent  and  meaning  of  the  sd  sale  and 
the  sd  Heneock  by  Hanaball  Haskins  his  attor.  saith  that  ye  plan4  ye  sd 
action  against  him  ought  not  to  have  for  and  that  y®  sd  mare  out  of  the 
plantifs  jiossession  as  he  hath  alleged  hath  not  been  taken  and  detained 
and  this  he  Casteth  upon  the  Country  and  the  Plantif  by  Mr  Edward 
Smithwike  his  attorney  likewise  and  y®  Marshall  is  comanded  that  he 
cause  to  come  here  twelve  true  and  lawfull  men  of  the  vicinage  and  who 
to  neither  of  the  partys  any  way  are  related  by  whom  the  truth  of  the 
matter  may  be  tryed  who  Impanelled  and  Sworne  viz  John  Mason 
Thomas  Lepper  ffrancis  Ward  John  Hopkins  Timothy  Clear  James 
ffisher  Isaak  W ilson,  Rich  Madren,  George  Mathews  Robert  Moline 
George  Dear  John  Halford  say  upon  their  oath  we  find  no  cause  of 
action.  Ordered  y,4  it  be  dismissed  and  y®  plantif  pay  costs 

Madm  Susanah  Heartley  sumoned  to  render  an  acet4  of  y®  estate  of 
Thomas  Slaughter  and  she  came  and  bv  Hanaball  Haskins  her  attorney 
saith  that  Mr  W ill  Gascoigne  part  of  the  estate  of  the  sd  Slaughtei'  in 
his  hand  yet  detaineth  and  y®  sd  Gascoigne  upon  his  oath  declares  y4  he  in 
his  possession  any  part  of  y®  estate  aforesd  hath  not  except  one  little 
trunck  wch  he  had  formerly  given  to  his  daughter  thesd  Thomas  Slaugh- 
ter’s wife  and  the  sd  Hanaball  Haskins  upon  his  Oath  p'sents  an  inven- 
tory of  v®  sd  Slaughters  estate 

Ordd  that  James  tfarloe  pay  unto  James  Pollock  and  Dan1  Halsey  each 
allowance  according  to  law  for  each  three  days  attend06  being  sum  as  evi- 
dences in  his  sute  agst  Heneock  and  each  two  days  coming  and  two  ds 
goeing 

Ordered  y4  Mr  Wm  Duekenfield  pay  unto  Hanaball  Haskins  an  evi- 
dence in  his  plea  agst  B<‘11  y®  sume  of  Eight  shills  and  four  pence  for 
two  days  atten.  & day  coming  & day  goeing 

The  Jurors  for  our  Soveraigne  Ld  and  Lady  y*  King  and  Queen  prseut 
y4  John  Philpon  of  the  prc4  of  Pasquotank  in  the  County  of  Albemarle 
did  at  or  about  y®  14th  day  of  September  1<3!)4  at  the  house  of  Major 
Alexander  Lillington  in  the  p*ct  of  pequimons  in  the  county  aforesd  ad- 
visedly maliciously  and  devilishly  in  the  pr  of  divers  flfsons  utter  and 


COLONIAL  RECORDS. 


431 


declare  these  words  following  saying  God  dam  king  M illfn  and  alsoc  al 
y®  aforesd  time  and  place  did  utter  himselfe  further  saying  I’le  drink 
King  James  health  for  he  is  the  right  King  and  did  further  at  the  same 
time  and  place  utter  his  secret  malice  agst  their  Majesties  for  being  ad- 
monished of  w*  he  had  said  agst  their  Majesties  he  asked  w‘  he  had  said 
ijjid  answer  being  made  that  he  had  said  God  Dam  King  William  to 
wch  he  did  in  most  malicious  manner  reply  Then  God  dam  him  again 
and  ye  sd  Philpot  did  since  upon  his  examination  upon  theabovesd  matter 
before  the  HonrbIe  Deputy  Governr  and  Councell  them  offer  to  dispute 
agst  their  prsent  Majesties  right  to  the  Crowne  and  for  King  Janie’s  con- 
trary to  the  peace  of  our  Soveraigne  Lord  and  Lady  the  King  and  Queen 
their  Crowne  and  dignity  and  is  contrary  to  an  act  of  Parlm‘  made  and 
in  that  case  provided  y®  first  year  of  the  reigne  of  King  Edward  the 
6th  & 12th  Chapter. 

Upon  wch  Indictm4  y®  sd  John  Philpott  being  arraigned  pleaded  Not 
Guilty  and  put  himself  upon  his  Country  who  impanelled  and  sworne 


viz 

The  j u ry  sai th  upon 
their  oath  he  is  guilty. 


Witnesses  for  their  Majesties 
Majr  Lilli ngton 
Timothy  Pead 
John  Tweger 
Mary  Peterson 


rl  ury 


Mr  Caleb  Callaway 
Mr  Tho.  Lepper 
Mr  James  ffarloe 
Mr  ffrancis  Warde 
Mr  John  Hopkins 
Mr  Robert  Wilson 
Mr  Timothy  Clear 
ISP  James  ffisher 
Mr  Isaak  Wilson 
Mr  John  Stepney 
Mr  Edw.  Smithwike 
Mr  Tho  Blount 


Order  vk  y®  sd  John  Philpott  forfeit  all  his  good  and  Chattels  unto  his 
Excel  the  Pala  and  rest  of  the  true  and  absolute  Lds  proprietors  and 
suffer  imprisonm*  of  his  body  for  and  during  one  whole  year  and  a dav 
w°'out  Bail  or  Mainprise. 

And  upon  the  humble  pcticon  of  ve  sd  John  Philpott  and  in  comisera- 
con  of  his  weakness  and  age. 

Ordered  that  v®  Marshall  shall  cause  v®  goods  and  chattel  Is  of  y®  sd 
Philpott  to  be  apprised'  and  a true  inventory  thereof  to  returne  to 
y®  Secretary's  office  and  to  secure  in  his  custody  soe  much  of  the  sd  estate 
as  shall  he  sufficient  to  defray  the  charges  of  his  prosecution  and  the  rest 
to  deliver  to  the  said  Philpot  he  giving  good  security  to  render  y®  same 
or  an  ace’  thereof  to  y®  Grand  Councell  whensoever  lie  shall  be  thereunto 
required. 


COLONIAL  RECORDS. 


M2 


Henry  Brooks  proves  liis  right  to  fifty  acres  of  land  by  t lie  Importa- 
tion of  himselfe 

('apt  Thomas  Relfe  acknowledged  his  assignm1  of  a patent  to  John 
Jenings  and  Willm  Rt'lfe 

Ordered  to  be  recorded 

Mr  Rich  Pope  attached  to  answer  Lawrence  Mage0  and  Mary  his  wife 
Guardians  of  Wm  Battle  son  and  heir  of  John  Battle  in  a plea  of  t res- 
pas of  the  cace  and  the  sd  Rich  Pope  by  Mr  John  Porter  his  attorney 
craves  day  till  the  first  day  of  the  next  court 

Ordered  that  y®  sute  be  referred  unto  the  first  day  of  v®  next  Gen" 
Court. 

Upon  complaint  of  the  Chowan  Indians  that  they  are  much  injured 
by  the  English  seating  soe  near  them 

Ordered  that  no  more  entry  or  settlem1  of  land  be  made  higher  then 
the  plantations  woh  are  alreddv  seated  above  the  old  towne  Creeke  and  v* 
w‘  entries  are  already  made  and  not  yett  settled  shall  be  void. 

An  attach m‘  at  y®  sute  of  Thomas  W hite  and  Diana  his  wife  ag8t  y* 
estate  of  John  Toomy  served  on  Thurler  Otfe  to  give  acc‘  of  wl  estate 
belonging  to  y®  sd  Toomy  is  in  his  hands  and  he  came  not.  Ordered  that 
the  Marshall  take  into  his  custody  y®  Body  of  the  sd  Thurlo  Offe  and 
him  safely  to  keep  untill  he  give  good  surety  to  appear  the  first  day  of 
the  next  Gen"  Crt  to  render  ace1  of  the  sd  Toomys  estate  woh  is  in  his 
Custody. 

Mr  John  Wright  upon  his  oath  attested  an  affidavit  taken  before  him 
in  verginia  to  prove  a bill  passed  by  James  Thigpen  to  John  Keedon  of 
verginia  for  the  sum  of  two  thousand  pounds  of  tobacco. 

A Letter  of  Attorney  from  John  Spelman  to  ffrancis  Hendrick  proved 
bv  y®  oath  of  Thomas  Hassold  and  John  Tweger  Ord.  to  be  Recorded 

Wm  Collins  and  Mrs  Mary  Clarke  arrested  to  answer  y®  plaint  of  John 
Lear  esqr  and  Ana  his  wife  Executrix  of  the  last  will  and  testa m 1 of 
Seth  Sothell  esqr  deceased  in  a plea  of  Debt  and  y®  sd  John  Lear  by  Cap* 
Henderson  Walker  his  attor.  and  the  sd  Wm  Collins  came  and  by  free 
consent  of  both  y®  sute  is  referred  untill  y®  Gen®1  Court  to  be  holden  y® 
last  Monday  in  September  next. 

John  Dan  arrested  to  answer  ffrancis  Hendrick  Executor  of  y®  last 
Will  and  testa  in6  of  Edmund  Chambers  decd  in  a plea  of  Debt  and  ye  sd 
Hendrick  came  and  it  being  made  appear  that  y®  sd  John  Dan  by  reason 
of  sicknes  was  uneapable  of  coining  it  is  referred  to  y®  first  day  of 
Next  Court 


COLONIAL  RECORDS. 


433 


A letter  of  attorney  from  M”  An  Durant  unto  John  Durant  proved 
by  the  oath  of  George  Harris 

Ordered  to  be  recoi’ded 

M"  An  Durant  arrested  to  answer  Wm  Curry  in  a plea  of  Case  and 
the  sd  Curry  came  not  and  the  sd  An  Durant  by  her  attorney  John  Durant 
came  and  craved  a nonsute. 

Ordered  y*  y®  action  fall  and  y*  y®  plantif  pay  costs. 

Thomas  Staunton  arested  to  answer  Andrew  Rosie  attorney  of  Robert 
Scott  in  a plea  of  v®  case  and  the  sd  Rosie  Came  and  Saith  v*  the  sd 
Thomas  Staunton  is  indebted  unto  v®  plantif  by  bond  one  yoke  of  Oxen 
one  Mare  wth  her  increase  and  one  hundred  and  thirty  pounds  of  Tobacco 
by  ace*  and  the  sd  Thomas  Staunt  by  his  attorney  Mr  John  Porter  saith 
y*  of  y®  sd  Debts  by  y®  Plantif  alleged  he  owetli  not  any  part  or  p°ell 
thereof  and  of  this  he  desireth  the  Country  may  inquire  W herefore  y* 
Marshall  is  required  to  cause  to  come  here  twelve  true  and  lawfull  men 
of  the  vicinage  and  who  to  neith  ptv  are  related  by  whom  the  truth  of 
the  matter  may  be  knowne  who  accordingly  impanelled  and  sworne 


Win  Collins 
Geo  Mathews 
John  Tweger 
Patrick  Henley 
Dan1  Snook 
Richard  Chester 


Rich  Madren  viz 
Jonathan  Bateman 
Tho  Garrett 
Ralph  ffletcher 
John  Mason 
James  Thigpen 
Say  upon  their  oath 

Wre  finde  noe  cause  of  action 

Ordered  that  it  be  dismissed  and  that  the  Plantif  pay  all  costs  of  Sute. 

Barbary  Midleton  attorney  of  George  Musehamp  esq1'  arrested  to  an- 
swer Robert  Moline  in  a plea  of  case  and  the  sd  Moline  came  and  saith 
that  y*  defend*  refuseth  to  render  y®  same  of  forty  five  shill  well  v®  >d 
Musehamp  is  indebted  to  y®  Plantif  and  the  defend*  by  her  attor.  Capt. 
Henderson  Walker  saith  that  long  after  y®  date  of  y*  said  ace*  y®  sd 
George  Musehamp  accounted  w,h  the  sd  Robert  Moline  and  tho  sd  Moline 
passed  his  bill  to  y®  sd  Musehamp  for  y®  balance  of  their  ace*  being  nine- 
teen pounds  sterling  bv  wch  all  former  ace*®  was  outt  of  woh  the  Court 
haveing  considered  Ordered  that  the  >d  sute  be  dismissed  and  that  y® 
Plantif  pay  costs. 

James  Thigpen  arrested  to  answer  Majr  Alexander  Lillington  Attor  of 
John  Keedon  of  Virginia  and  the  sd  Alexander  Lillington  saith  that  the 
sd  Thigpen  is  indebted  to  y®  -»d  John  Keedon  in  the  sum  of  two  thousand 
pounds  of  tobacco  by  bill  under  his  hand  and  seal  And  the  sd  James 
Thigpen  by  Stephen  Manwaring  his  attorney  saith  y*  sd  sum  he  oweth 
51 


t:l4 


COLONIAL  RECORDS. 


n<»t  nor  any  parte  thereof  and  this  hedesireth  May  he  inquired  of  by  the 
Country  and  the  sd  Lillington  alsoe  Wherefore  the  Marshall  is  required 
that  he  cause  to  come  here  twelve  true  and  lawful!  men  and  who  to  nei- 
ther of  the  partys  are  related  bv  whom  the  truth  of  the  matter  may  be 
found  who  accordingly  impanelled  and  sworne  viz 


Rich  Madi  •en 
Jona.  Bateman 
Thomas  Garrett 
Ralfe  ffl  etcher 
John  Mason 


Win  Collins 
George  Mathews 
John  Tweger 
Patrick  Henley 
Dan1  Snooke 
Rich  Chester 
Nicholas  Simons 


Say  upon  their  oath 
Noe  cause  of  Action 

Ordered  that  y®  sute  be  dismissed  and  that  y®  Plantif  pay  costs. 
Thomas  Tweddy  arrested  to  answer  Thomas  White  and  Diana  his 
wife  in  a plea  of  the  case  and  upon  y®  sd  Tweddy  sicknes  and  y®  sicknes 
of  his  fifamily  it  is  referred  till  y®  first  day  of  v®  next  Court 

Depositions  taken  upon  oath  in  Court  at  the  request  of  Mr  Robert 
Wilson  viz  Caleb  Calaway  Thomas  Lepper  Timothy  Clear  Nicholas 
Simons  Robert  Beasley  Dan  Snooke  John  Stepney 
Adjourned  till  v®  29th  of  this  Instant. 


November  the  29th  Forenoon 

Court  meet  Present  The  Hon®bl  Thomas  Harvey  esqr  Dep‘  Govern1 
The  Honeb11  I)an'  Akehurst  fifrancis  Tomes  Benj.  Dakar  Maj  Sam1  Swann 
Coll  Thomas  Pollock  Lds  Deputes  Mr  Win  Duckenfield  Mr  Robert  Wal- 
lis Assistants 

fifrancis  Hendrick  Attorney  of  John  Spelman  acknowledgeth  his  as- 
signm‘  of  a Deed  of  Sale  to  Thomas  White  and  fifrancis  Hendrick  ingag- 
eth  himselfe  to  deliver  all  ve  estate  of  John  Spelman  to  the  sd  Thomas 
White  and  the  sd  Thomas  White  assumes  the  paym*  of  all  John  Spelmans 
just  debts  and  to  bear  the  sd  fifrancis  Hendrick  harmless  from  all  sutes  and 
charges  that  may  or  shall  arise  for  or  concerning  any  of  v®  debts  of  the  sd 
Spelman  Tho.  White  acknowledged  by  both  ptys  fifrancis  X Hendrick 

Roger  Snell  acknowledges  his  assignem4  of  a Patent  for acres  of 

to  y®  land  Hon®bl®  Thomas  Harvey  esqr  and  Marv  his  wife  relinquisheth 
her  right  of  dower  in  and  to  y®  sd  Land. 

LTpon  peticon  of  Capt  Thomas  Relfe  and  Wm  Relfe  Ordered  that  the 
above  said  Thomas  and  Wm  Relfe  in  behalfe  of  the  Orphans  of  v®  decd 
have  administracon  of  the  goods  and  chattells  of  Eliz  Roads  decd  they 


COLONIAL  RECORDS. 


430 


being  nearest  of  kin.  And  that  Austin  Scarbrough  Wm  Temple  Thomas 
Cartwright  and  Richard  Madren  or  any  three  of  them  being  sworne  be- 
fore Mr  Robert  Wallis  or  John  Jenings  apprise  y®  sd  estate 

Ordered  that  Wm  Bournsby  pay  unto  Thomas  Pendleton  as  an  evi- 
dences ag8t  Patrick  Henley  for  one  days  attendance  and  one  day  coming 
and  one  day  goeing  y®  same  of  five  shill*  ten  pence. 

Upon  peticon  of  Wm  Turner  Ordered  that  y®  sd  Turner  have  a patent 
for  his  land  surveyed  bv  Mr  Win  Duckenfield  according  to  y*  sd  survey 
Dan1  Halsey  proveth  his  right  to  one  hundred  acres  of  land  by  the  im- 
portation of  himselfe  and  Mary  his  wife 

Adam  Gambell’s  Will  proved  by  the  Evidence  Ordered  that  Thomas 
Symons  Jeremiah  Symons  Wm  Jackson  Senr  and  Henry  White  or  any 
three  of  them  being  sworne  bef'or  Mr  John  West  shall  apprise  v®  estate 
of  y®  sd  Gam  bell. 

Cap1  Henderson  W alker  in  behalfe  of  Tho.  Hawkins  assumes  upon 
himselfe  to  pay  unto  M’  John  W right  the  debt  expressed  in  the  condi- 
tion of  Hawkins  bond  upon  woh  at  this  court  Judgin'1  hath  passed  agsl  ve 
said  Henderson  W alker  except  w‘  can  be  made  appear  to  bealreddv  paid 
by  Receipt  from  y®  sd  WTright  sins  y®  date  of  the  Bond  in  curr*  money  in 
Virginia  at  or  before  v®  last  of  July  next  at  y®  dwelling  house  of  y®  sd 
John  Wright  and  to  pay  ye  costs  of  this  >ute  to  y*  clerks  and  Marshall 
and  amercem*. 

Cap1  Walker  wthd raws  his  Injunction  and  is  by  the  sd  Wrigh  dis- 
charged from  the  sd  order 

Dan1  Halsey  proveth  his  right  to  one  hundred  acres  of  land  by  v® 
importation  of  John  Aires  and  Rich.  Wakefield 

Adjourned  till  y®  30th  Instant  seven  of  clock 


WILLm  DUCK  EN FI  ELD 
BENJAMIN  LAKAR 
THOMAS  HARVEY 
SAMUEL  SWANN 


ROBERT  WALLIS 
THOMAS  POLLOCK 
DANIEL  AKEHURST 
FFRANCIS  TOMES 


Records  of  Court  of  Chancery 
1694  At  v®  Court  of  Chancery  hoi  den  for  this  Goverm*  y®  29th  day 
of  November 

Mr  Robert  Wilson  by  his  peticon  sheweth  that  Stephen  Manwaring 
had  sureptitious  obtained  a writ  of  super  sidias  from  y®  Right  Honebl  y® 
Governor  and  Counsell  to  stop  the  proceedings  of  an  execution  issued 
against  him  the  sd  Stephen  Manwaring  upon  a verdict  of  a jury  found 


COLONIAL  RECORDS. 


i .ii; 


against  him  in  an  action  «»f* eject  m‘  brought  hv  the  su  Mamvaring  against 
the  sd  Robert  Wilson  and  it  manifestly  appearing  to  y*  Court  that  the 
cause  pretended  by  sd  Mamvaring  whereupon  the  supersidias  vvas  granted 
was  for  and  because  v®  execution  was  in  the  name  of  the  sd  Wilson 
whereas  y®  Originall  proces  was  not  comenced  against  v®  sd  Wilson  but 
against  Humphrey  Burroughs  he  v®  sd  Burroughs  being  y®  supposed 
ejector.  But  it  now  appearing  to  the  Court  as  well  by  y®  Record  as  by 
evidence  v*  y®  sd  Mamvaring  had  voluntarily  assented  in  Court  to  y® 
leaving  out  of  the  suppotitious  names  and  to  the  prosecution  of  the  sute 
in  the  true  names  of  Mamvaring  against  Wilson  wch  was  the  the  true  cause 
of  the  changing  of  the  names  and  that  v®  cause  alleged  for  the  obtain- 
ing y®  sd  supersidias  was  altogether  false  and  misrepresented 

Ordered  Decreed  that  the  sd  supers'1  be  null  and  void  and  it  is  hereby 
made  null  and  void  and  y®  sd  Wilson  is  left  to  his  remidy  at  law  as  if 
the  sd  supers4  had  never  been  granted  and  y®  sd  Man  waring  to  pay  costs 
of  this  order 

James  Mills  proves* his  right  to  eight  hundd  and  fifty  acres  of  land  by 
the  Importation  of  James  Mills,  Edw  Conquest,  Geo  Sutton  and  his  wife 
Nathan1  Sutton,  Joseph  Sutton,  Mary  Gosby  Eliz  Sutton,  Wm  Hague, 
Nathaniell  Marker,  one  Negr  serv‘,  James  Hunds  Jn°  Pinck  and  his  wife 
Jane  Garrett,  Jn°  Overton  Joseph  Pitts. 

Sarah  Johnson  sumoned  to  answer  y®  complaint  of  Jn°  Hopkins  and 
the  sd  Hopkins  bv  his  his  Petition  shew  that  v®  sd  Sarah  Johnson  in  the 
pretended  right  of  her  son  Lawrence  Gonsolvo  hath  unlawfull  and  clan- 
destinely surveyed  a tract  of  land  in  y*  pree*  of  Pequimons  on  a creek 
called  the  Indian  Creek  by  wch  survey  she  hath  included  y®  sd  Hopkins 
plantation  and  a great  part  of  y®  sd  Hopkins  land  intending  thereby  y®  sd 
Hopkins  of  his  just  right  to  dese.  . and  altogether  to  deprive  and 
he  humbly  praveth  that  all  process  made  in  the  premises  for  and  towards 
the  confirming  or  strengthening  of  y®  sd  Gousolvos  title  in  and  to  the  sd 
land  may  be  reversed  and  made  null  and  that  the  sd  Hopkins  may  have 
an  order  for  the  survey  of  his  land  and  plantation  according  to  his  just 
claime  possession  and  title.  And  the  sd  Sarah  Johnson  came  not. 

Decreed  v‘  y*  survey®  lay  out  for  the  sd  Hopkins  three  hundred  acres 
of  land  begining  at  a branch  near  the  sd  Hopkins  his  house  and  goe  for 
breadth  up  the  Creeke  and  that  all  proceedings  by  the  sd  Johnson  made 
in  the  premises  to  the  wrong  or  prjudice  of  y®  sd  Hopkins  just  title  in  and 
to  the  sd  land  be  made  hereby  null  and  void 

A Letter  of  Attorney  from  Rich.  Bentley  to  Capt.  Henderson  Walker 
proved  by  the  oath  of  Majr  Alexander  Lillington 


COLONIAL  RECORDS. 


487 


Cornelius  Lerry  subpeened  to  answer  the  plaint  of  Rich.  Bentley  and 
y®  sd  Bentley  by  his  attorney  saitli  that  at  y®  Gen"  Court  holden  in  Sep- 
tember last  y®  sd  Lerrv  vexatiously  brought  agst  him  an  action  at  common 
Law  for  a great  sum  although  when  y®  issue  whereof  was  trved  by  the 
Country  it  was  found  but  cigiit  shills  and  four  pence  w'h  sd  sum  by  the 
Laws  of  this  Goverm4  is  not  actionable  he  craves  to  be  discharged  from 
the  unnecessary  charges  of  the  sd  sute.  And  it  appearing  that  y*  charges 
brouglit  in  to  rayse  v®  sd  Lerrvs  acc‘  was  for  necessary  appar"  due  from 
ve  sd  Cornelius  Lerry  to  the  sd  Bent lev 

Decreed  that  the  sd  Rich  Bentley  be  discharged  from  the  charges  of 
the  sd  sute  and  that  the  sd  Cornelius  Lerry  pay  the  sd  costs  as  alsoe  the 
costs  of  this  sute. 

Robert  Beasley  sumoned  to  answer  the  plaint  of  Stephen  Manwaring 
and  y®  sd  Manwaring  by  Capt  Walker  his  attorney  humbly  eraveth  that 
y®  sd  Beasley  may  answer  upon  Oath  to  y®  profe  of  an  assumption  of  the 
sawing  of  five  thousand  five  hundred  foot  of  Planke  for  the  use  of  the 
sd  Manwaring  and  y®  sd  Beasley  upon  his  subscription  on  penalty  of 
'$jury  saitli  that  true  it  is  that  y®  sd  Beasley  did  agree  to  helpe  to  saw  y® 
Planke  for  his  the  sd  Beasleys  own  house  but  as  to  y®  sawing  of  planke 
for  the  use  of  y®  sd  Manwaring  he  absolutely  denvs  that  ever  any  such 
agreem4  was  made  between  them  Wherefor 

Decreed  that  the  plaint  be  dismissed  and  y‘  y®  sd  Manwaring  pay  costs 
The  action  between  Wm  Bournsby  and  Patrick  Henley  upon  certifi- 
cate of  Bournsby’s  sickness  referred  to  y®  next  Court  of  Chancery  by 
consent. 

The  action  between  Wm  Bournsby  and  John  Mason  upon  certificate 
of  Bournsbvs  sickness  is  referred  to  the  next  Court  of  Chancery  by  con- 
sent. 

DANIEL  AKEHURST  THOMAS  HARVEY 

THOMAS  POLLOCK  BENJAMIN  LAKAR 

Ordered  that  y*  Hon*bl  Dan1  Akehurst  esqr  be  requested  and  hereby 
impowered  to  take  acc*  of  w*  Goods  belonging  to  Mr  Robison  and  Mr 
Duncombc  Bermuda  Merchants  are  in  y®  custody  of  Mr  John  Philpott 
and  make  delivery  thereof  to  them  v*  sd  Robison  and  Duncombe 

THOMAS  HARVEY 
BENJAMIN  LAKAR 
F FRANCIS  TOMES 
THOMAS  POLLOCK 


13S 


COLONIAL  RECORDS. 


NOV  EM  BEK  Y®  30th 


The  court  meet  psnt  The  Honrbl  Thomas  Harvey  esqr  Depty.  Govern' 
The  Honrbl  Dan1  Akehurst  ffrancis  Tomes  Benjamin  Dakar  Majr  Sam1 
Swann  Coll  Thomas  Pollock  esq'  Ld“  Hep*7*  Mr  Robert  Wallis  assistant 
Mr  Wm  Duckenfield  assis1 

Mr  Stephen  Manwaring  craves  a writt  of  alegit  against  v®  estate  of  the 
Wm  Chapman  upon  a returne  of  a Capias  ad  satisfaciendum  obtained  at 
the  sute  of  the  s'1  Manwaring  for  the  some  of  and  non  est  in- 

ventus returned 

Ordered  that  a writt  of  alegit  be  directed  to  v*  Marshall  agst.  y®  Goods 
and  Chattells  of  v®  sd  ( 'liapman  and  one  halfe  of  all  his  lands  and  tenm*® 
wherever  to  be  in  this  Govermt  found  for  the  pay  in1  of  the  sd  debt 

The  Court  haveing  considered  that  noe  rule  hath  hitherto  been  made 
or  laid  downe  for  the  ascertaining  of  y®  composition  to  be  made  for  such 
lands  as  shall  escheat  to  their  Lordships  y*  Court  hath  thought  Htt  that 
composition  shall  be  two  pence  y®  acre  as  at  p'sent  it  is  in  Virginia  and 
that  the  eseheators  fee  be  five  pound  and  v®  jury  as  by  law  in  other  cases 
is  appointed  until  their  Lordships  shall  -ignifyed  their  pleasure  to  the 
contrary. 

Ordered  the  y®  Attorney  Genlls  fee  be  fifty  shills  for  every  Indictin' 

Ordered  that  a bond  brought  into  ( ourt  by  (oil  Thomas  Pollock  made 
from  John  Goddard  to  M1  John  Boarland  in  New  England  being  proved 
by  y®  Oaths  of  Sam  Woodard  and  Arthure  Workeman  sworne  before 
Capt.  John  Hunt  be  Recorded 


WILLm  DUCK EN FI  ELD 
ROBERT  WALLIS 
THOMAS  POLLOCK 
SAMUEL  SWANN 


THOMAS  HARVEY 
DANIEL  AKEHURST 
FFRANCIS  TOMES 
BENJAMIN  LAKAR 


COLONIAL  RECORDS. 


1695. 


[B.  P.  R.  O.  Colonial  Entry  Book.  Vol : 100.  Page  350.] 


TO  THE  RIGHT  HONble  THE  LORDS  COMMISSIONERS  OF 
HIS  MAJESTIES  TREASURY 


PRESENTMENT 


BY  THE  COMMISSIONERS  FOR  MANAGING  & CAUSING  TO  BE  LEY Y Eh 
A COLLECTED  HIS  MAJESTIES  CUSTOM E8  SUBSIDIES  AC: 

The  Commissioners  having  formerly  acquainted  their  Lordships  upon 
the  Complaint  of  most  of  the  principal!  Merchants  Trading  to  Virginia 
and  Maryland  That  the  Trade  is  in  a great  Measure  Destroyed  & Ruined 
by  many  Scotch  ships  trading  directly  from  thence  back  to  the  said 
Places  without  paying  his  Majesties  Duties.  And  prayed  their  Lordships 
to  become  a means  that  a Vessel  1 with  a skilefull  and  experienced  Com- 
mander might  be  appointed  to  cruise  on  the  Coasts  of  Virginia  & Mary- 
land and  moreover  that  some  eff'ectuall  Remedy  might  be  taken  by  wri- 
ting to  the  Governm*  of  Scotland  or  otherwise  as  to  his  Majesty  should 
seem  meet  for  preventing  this  great  Evile  tending  to  the  Diminution  of 
his  Majesties  Revenue  and  the  Trade  and  Navigation  of  this  Kingdome 
and  Mr  Randolph  who  is  employed  by  their  Lordships  as  Surveyor  Gen- 
erali on  the  North  Coast  of  America  having  since  his  arrival  in  England 
laid  before  the  Commissioners  his  observation  made  in  his  Travel  1 from 
one  Colony  to  another  with  a list  of  several  I ships  which  by  his  great 
skill  and  industry  have  been  discovered  by  him  to  have  traded  between 
Scotland  and  the  Plantations  directly  and  some  with  false  Cocquetz  and 
Certificats  which  he  hath  likewise  discovered  and  brought  over  being 
now  under  the  Commissioners  Examination.  They  do  humbly  lay  before 
their  Lordships  a copy  of  the  said  Mr  Randolph’s  Paper  as  a matter  of 
great  moment.  And  the  Commissioners  being  humbly  apprehensive  of 
this  growing  mischief  for  that  the  trade  between  Scotland  and  the  Plan- 
tations is  now  about  to  be  more  openly  carried  on  under  Colour  of  a 
law  lately  past  in  Scotland  for  a joint  Stock  to  Atfriea  & the  Indies 
wherein  severs  11  Merchants  of  England  have  interested  themselves  they 
humbly  pray  that  the  same  may  be  duely  considered  according  to  the 
Exigencie  of  su  Important  a case  and  laid  before  Hi>  Majesty  in  Coun- 
cill  in  order  to  some  etfectuall  Remedy  for  suppressing  such  a Trade  from 
Scotland  to  the  Plantations,  tending  so  apparently  to  the  Ruine  of  this 


COLONIAL  RECORDS. 


140 


Principale  Branch  of  the  Revenue  and  the  violation  of  the  Acts  of  Trade 
& Navigation  which  are  the  only  security  of  the  Plantation  Trade  to 
and  from  this  Kingdome 

J.  WARD  ROBERT  SOUTHWELL 

WALTER  YONGE  8AMUELL  CLERK 

To  the  Honbl#  Commissioners  of  the  Customes 
May  it  please  your  Honours 

In  my  Paper  of  Proposals  to  suppress  the  illegall  trade  in  the  Tobacco 
Plantations  which  have  been  carried  on  from  thence  directly  to  Scotland 
for  many  years  I have  shewn  from  whence  it  has  so  generally  prevailed 
and  laid  down  proper  methods  for  preventing  thereof  for  the  future  a 
copy  whereof  is  hereunto  annexed  which  will  be  effectually  remedy ed 
if  they  was  formed  into  an  Act  of  Parliament  to  be  passed  this  session 
and  Entituled  An  Act  for  preventing  Frauds  and  regulating  Abuses  in 
the  Plantation  Trade  as  is  the  Act  of  14  Car  2nd  for  England.  And 
that  the  Commanders  of  His  Magesties  ships  of  Warr  during  their  stay 
in  the  Country  may  be  ordered  to  receive  Instructions  from  this  Board  in 
what  may  concerne  the  care  of  the  Trade  and  Navigation  to  and  from 
those  Plantations  and  to  the  aiding  and  assisting  of  the  Officers  of  His 
Majesties  Customes  in  the  Execution  of  their  Dutys. 

1 now  lay  before  your  Honours  an  Acoompt  of  the  present  State  of 
His  Majesties  Colonies  and  Provinces  upon  the  North  Coast  of  America, 
in  relation  to  a Scotch  Act  which  is  lately  past,  in  which  Act  under  pre- 
tence of  erecting  an  East  I ndia  ( Company  in  that  Kingdome  They  do  (pr  2d) 
engage  themselves  with  great  sums  of  money  in  an  American  Trade  a 
trade  which  has  already  for  several  1 years  been  carried  on  by  Scotchmen 
under  pretence  of  being  Persons  born  within  the  allegiance  of  His  Maj- 
esty as  by  the  Act  of.  12.  Car:  2d  They  claim  liberty  to  do,  and  although 
in  the  Act  of  the  14th  of  the  said  King  only  English  Irish  and  subjects 
in  the  Plantations  are  to  be  accounted  English,  as  to  the  navigating  of 
shipps,  yet  they  take  on  them  to  come  from  Scotland  under  the  notion  of 
Supra  Cargos  and  Merchants  and  seldome  fade  of  Counterfeit  Masters. 

In  the  4th  page  they  have  Liberty  to  Plant  Colonies  <fcc  in  or  upon  places 
not  inhabited  by  and  p.  -3th  to  make  & conclude  Treaties  of  Peace  and 
Commerce  with  the  Governors  and  Proprietors  paying  only  to  His  Maj- 
esty out  of  Scotland  the  yearly  acknowledgement  of  one  h.  hd  of  To- 
bacco. And  altho  they  forbid  all  other  Seotts  then  those  of  their  Com- 
pany to  touch  on  any  Plantations  which  they  shall  acquire  on  pains  of 
contiscation  yet  they  allow  all  such  Seotts  to  Trade  in  Tobacco  A Sugar 


COL( )NIAL  RECORDS. 


441 


else  where  that  is  to  say  amongst  the  English)  They  paying  for  what 
they  so  bring  home  such  Duties  as  are  now  established  in  Scotland. 

By  all  which  it  may  be  presumed  how  they  project  to  let  themselves 
into  the  Trade  of  all  his  Majesties  Plantations  and  tis  probable  they 
meditate  either  the  purchasing  a settlement  in  one  of  the  3 lower  Coun- 
tys  of  Newcastle  Kent  or  Sussex  on  the  Southern  Shore  of  Delaware 
Bay  as  being  no  part  or  parcell  of  the  land  granted  to  Mr  Pen  in  his 
Province  of  Pensilvania  or  in  some  one  or  more  Islands  nigh  the  Conti- 
nent bv  which  Expedient  if  acquired  they  might  in  a short  time  make 
a staple  not  only  of  all  sorts  of  European  Manufactures  but  also  of  the 
enumerated  Plantation  Commodities  even  as  it  is  this  day  practiced  with 
great  abuse  at  the  Small  Dutch  Island  of  Carasaw. 

Wherefore  for  prevention  of  so  great  a mischeife  to  England  ti>  hum- 
bly proposed 

1st  That  the  south  part  of  Carolina  and  all  the  Bahama  Islands  be 
put  under  His  Majesties  immediate  authority 

2nd  That  North  Carolina  be  annexed  and  put  under  the  care  and  inspec- 
tion of  his  Majesties  Governor  of  Virginia  thereby  to  prevent  the  ship- 
ping off  the  Merchantable  Tobacco  growing  in  the  Southern  part  of  the 
Territorvs  by  the  Inletts  of  Corrituek  and  Roanoak 

3.  That  the  3 lower  Counties  of  New  Castle  Kent  and  Sussex  afore- 
said lying  upon  the  southern  shore  of  Delaware  Bay  be  annexed  to  his 
Majesties  Government  in  Maryland  which  will  likewise  prevent  the  ship- 
ping of  the  Merchantable  Tobacco  growing  at  the  Head  of  Chesepeek  bav 
near  Bohemia  and  Sassafras  Rivers  into  Appaquimine  River  in  Delaware 
Bay  as  also  the  importing  European  Goods  by  that  passage  to  Maryland 
both  which  Evills  have  been  but  too  much  practiced. 

4.  That  the  Province  of  West  Jersey  be  annexed  to  the  Government 
of  the  Province  of  Pensilvania  and  an  active  Governor  there  appointed 
such  a one  as  is  qualified  to  uphold  the  Act  of  Trade  for  as  things  now 
hang  the  charge  to  mainteyn  able  Officers  on  both  sides  the  Bay  from 
Bredlington  in  West  Jersey  to  Hosekell  in  Sussex  County  nigh  Cape 
Len  Lopen  with  men  and  boats  &r : will  not  be  defrayed  for  8001b  a 
vear  for  the  Trade  of  that  River  being  now  carried  on  bv  Scotch  men  and 
Privateers  Inhabitants  in  Pensilvania  East  and  West  Jersey  which  lv 
between  Maryland  and  New  York  (in  the  very  center  of  Trade  and  bus- 
iness) all  is  exposed  and  lys  open  to  Traders  from  all  places  and  can  not 
be  secured  but  bv  a great  charge  or  verv  Regular  Government: 

5.  That  the  Province  of  East  Jersey  be  annexed  to  his  Majesties 
Government  in  the  Province  of  New  York  as  il  hath  been  formerly  and 

52 


1 12 


COLONIAL  RECORDS. 


in  like  maimer  the  Colony  of  ( fonecticut  lor  thi>  would  wholy  prevent 
the  Great  Importation  of  European  Goods  too  frequently  made  even  by 
countenance  of  those  two  Colours. 

6.  That  the  Collonies  of  Rhode  Island  now  under  no  regular  Govern- 
ment be  as  formerly  joyned  to  his  Majesties  Government  in  the  Province 
of  the  Massachusetts  Bay  in  New  England. 

7.  That  no  Projection  Planter  or  other  person  whatsoever  presume  to 
alien  or  transfer  any  Island  Plantation  &e : to  any  Scotch  Agent  Factor 
or  other  Forreigner  whatsoever  under  the  Penalty  of  High  Treason  the 
whole  Tract  from  32  to  44  being  his  Majesties  Dominion  and  annexed  to 
the  Crown  of  England. 

But  foras  much  as  severall  of  the  Plantations  hereunder  mentioned 
have  Proprietors  and  Owners  by  Letters  Pattents  and  some  small  colo- 
nies are  established  by  Charters  where  the  Persons  concerned  may  not 
apprehend  the  danger  that  is  threatened  by  the  new  law  in  Scotland  and 
so  refuse  to  conforme  to  what  in  that  consideration  only  is  hereby  hum- 
bly proposed  as  to  the  annexing  Governments  yet  in  point  of  security  t<> 
England  all  the  Benefitts  of  the  Plantations  Trade  to  which  by  law  they 
stand  bound  I think  where  any  shall  refuse  in  this  time  of  danger  to 
accept  his  Majesties  Govern  men4  they  should  be  obliged  both  to  accept 
and  mainteyn  such  officers  as  may  be  needful  to  preserve  the  Trade  to 
England  and  the  Deputys  to  his  Majesty 

All  which  is  humbly  submitted  by 

ED:  RANDOLPH  S.  G. 

December  7th  1695. 


AT  Ye  GEN611  COURT  HOLDEN  AT  Ye  HOUSE  OF  THOMAS 
WHITE  Y®  25th  DAY  OF  FFEBRUARY  A"0  D“  1694[5] 

Presnt  y®  Honb,e  Thomas  Harvey  esqr  DeptT  Govnr  The  Honble  Dan1 
Akehurst  esqr  Benjamin  Lakar  esqr  ffrancis  Tomes  esqr  Coll  Thomas 
Pollock  Lds  Deputys  Capt  Anthony  Dawson  assistant  And  Sam1  Swann 
esqr  Ld  Deputy 

John  Wilson  acknowledgeth  his  assignin'  of  a warrant  of  Rights  to 
Wm  Duckenfield  esqr  and  Margret  his  wife  relinquisheth  her  right  of 
Dower 

Anne  Ward  peticons  for  administracon  of  v®  Goods  and  Chattells  of 
ffrancis  Ward  her  decd  husband 

Orderd  y4  Comission  of  administracon  of  y®  Goods  and  Chattells  of 
ffrancis  Ward  decd  be  granted  to  Anne  Ward  Wid  & rel°‘  of  v®  sd  ffrancis 


COLON  IAL  R ECORI  >S. 


443 


Ward  Shee  giving  security  according  to  law:  and  Win  Bray  and  Jn° 
Dan  acknowledge  and  Ingage  in  behalf  of  y®  sd  An  Ward  to  be  security 
for  the  true  adrainistracon  of  y®  sd  estate. 

And  Henry  Palin  Jn°  Ward  Jn°  Gilford  and  Cornelius  Lerry  or  any 
three  of  ym  are  appointed  apprisers  of  v®  sd  estate  and  Mr  Wm  Codings 
or  Mr  Jn°  Hawkins  to  administer  to  y®  sd  Apprisers  their  oath  for  their 
true  apprisement  and  v®  Inventory  to  be  returned  to  y®  next  Gen®11  Court 
Wm  Duckenfield  esq"  acknowledgeth  his  letter  of  Attorney  to  Jn° 
Northcoate.  Ordered  y*  v®  same  be  recorded. 

Letter  of  Attorney  from  Robert  Kitching  to  tfrances  his  wife  proved 
by  y®  Oaths  of  Thurloe  tfee  and  Michael  Linch 

ffrances  Kitching  wife  and  Attorney  of  Robert  Kitching  eonfesseth 
Judgm*  to  ffrancis  Tomes  esqr  Attorney  of  Emanuel  Low  and  Anne  his 
wife  for  v®  sume  of  live  pounds  and  three  pence 

Ordered  y‘  y®  sd  Robert  Kitching  pay  unto  v®  sd  ffrancis  Tomes  Attor- 
ney of  Emanuel  Low  and  Anne  his  wife  y®  sum  of  five  pounds  and 
three  pence  according  to  specialty  als  Execution 

A Will  of  Jonathan  Bateman  proved  by  v®  evidence  And  ordered  to 
be  recorded 

And  Elizabeth  Bateman  Widdow  and  Rel‘  of  y®  sd  Jonathan  Bateman 
declining  her  legacy  given  in  the  sd  Will  and  craving  to  have  her  thirds 
of  her  deceased  husbands  estatate.  ( )rdered  y*  the  said  Elizabeth  Bateman 
have  her  thirds  of  her  sd  husbands  estate  and  v®  remain  to  be  divided 
among  y®  rest  of  the  Legatees  and  that  administration  wth  v®  Will  anexed 
to  be  granted  to  y®  Executor  appointed  in  v®  sd  Will  and  y*  Jn°  Whitby 
Tho.  Durant  ffrancis  ffoster  and  Mr  Joseph  Sutton  or  any  three  of  ym 
apprise  v®  sd  estate  and  that  Mr  Jn°  Durant  or  Mr  Ralfe  fflecher  admin- 
ister to  y®  sd  apprisors  their  Outlies  and  acc‘  of  v®  sd  estate  to  be  given  to 
y®  next  Gen®11  Court  And  Jno.  Lilly  and  Thomas  Hassold  have  under- 
taken for  v®  sd  Executor  for  the  true  flformance  herof 

Jacob  Overman  proves  his  right  to  four  hundred  acres  of  land  bv  v® 
importation  of  Jacob  Overman  Dorathy  Overman  Jacob  Overman  junr 
Tho  Overman  Ephrim  Overman  Margery  Overman  Charles  Overman 
and  Anne  Overman  & War4  Given 

Thurloe  ffoe  sumoned  to  render  aec‘  of  what  estate  of  or  belonging  to 
Jn° 'roomy  was  in  his  custody  it  being  attached  at  y®  sute  of  Thomas 
White  and  Diana  his  wife  and  y®  sd  Thurloe  ftee  came  and  upon  y®  holv 
Evangelists  sath  that  at  y*  time  of  the  serving  of  the  sd  attachm*  there 
was  in  his  hands  or  custody  noc  estate  of  or  belonging  to  v®  said  .In® 
Toomv 


441 


COLONIAL  RECORDS. 


Ordered  v*  v®  sute  1 m • dismissed  mid  y'  y®  >d  Thomas  W lute  ami  Liana 
his  wife  pay  costs  of  sute. 

Robert  Kitcliing  arrested  to  answer  v®  sute  of  Thomas  White  and 
Diana  his  wife  in  a plea  of  y®  ease  and  y®  sd  Thomas  White  came  and 
saitli  v‘  y®  >d  Robert  K itching  is  Indebted  toy®  plaintifs  by  act;1  contracted 
wth  y®  sd  Diana  whilest  slice  was  sole  the  sume  of  forty  five  shillings  and 
nine  pence  half  peny.  And  tfrances  wife  and  Attorney  of  v®  sd  Robert 
K itching  came  and  confesseth  Judgeni*  for  y®  sd  sume 

Ordered  y‘  v®  said  Robert  Kitcliing  pay  unto  v®  sd  Thomas  White  and 
Diana  his  wife  ye  sume  of  forty  five  shillings  and  nine  pence  wth  costs 
als  Exeeu. 

Robert  Kitcliing  and  tfrances  his  wife  Executors  in  their  owne  wrong 
of  v®  estate  of  Jn°  Spencer  decd  arrested  to  answer  y®  plaint  of  Thomas 
White  and  Diana  Ii is  wife  in  a plea  of  y*  case  and  y®  said  Thomas  White 
came  and  saith  y‘  ye  said  Jn°  Spencer  is  indebted  to  v®  plaintif  by  ace* 
contracted  wth  v*  said  Diana  whilest  she  was  sole  v®  sume  sixty  three 
shillings  and  one  peny  And  tfrances  Kitcliing  one  of  y®  defend1®  came 
and  produceth  in  Crt  an  ace*  ag9t  Jn°  Harris  Copartner  wth  the  sd  Diana 
in  Ballance  of  y®  sd  Acc* 

Ordered  that  y®  sute  be  dismissed  with  costs  of  sute 

Isaac  Gilford  by  his  pet  icon  shcweth  y*  Jn°  Philpott  was  Justly  in- 
debted unto  ve  Petitioner  by  agreenf  for  service  done  by  y®  said  Gilford 
the  of  forty  shillings 

Ordered  y*  Isaac  Gilford  have  one  cow  and  ealfe  and  one  y®earling 
delivered  to  him  bv  the  Provost  Marshall  or  whom  he  shall  appoint  out 
of  the  estate  of  y®  sd  Philpott  for  satisfaction  of  v*  debt  of  forty  shill- 
ings aforesaid 

The  Court  adjourned  till  Tuisday  y®  26th  of  this  Instant  ffeb. 

ifeb  y®  26 

The  Court  meet  Presnt  The  Honebl  Thomas  Harvey  esqr  Depty  Govern1, 
y*  Hon®bl  Dan1  Akehurst  esq1'  Benj  LaKar  esqr  ffrancis  Tomes  esqr  Majr 
Sam1  Swann  Col  Tho.  Pollock  Ld  Deputy®  Cap1  Antony  Dawson  As- 
sitant 

Upon  petition  of  Mary  Philpot  craving  that  some  Apparel  that  are  in 
v*  Custody  of  y®  Marshall  should  be  delivered  to  her 

Ordered  that  the  Marshall  deliver  to  Marv  Philpott  w‘  Apparel  be- 
longing to  her  are  in  his  custody  and  her  choice  of  three  sows  wth  piggs 
altering  ve  marks 

C » 


COLONIAL  RECORDS. 


-14.", 


Upon  pet-icon  of  .In0  Robison  Merch1  praying  to  be  discharged  from 
and  Adminsitracon  comitted  to  him  of  y*  estate  of  .In0  Philpott  decd  and 
lie  renders  his  ace1  soe  far  as  lie  hath  administered  Whereby  he  is  In- 
debted to  y®  estate  of  y®  sd  Jn°  Philpott  v®  same  of  seven  shillings  and 
six  pence  v®  said  Jn°  Robison  being  a Merch*  stranger  and  necessitated  to 
depart  out  of  y®  province  And  y®  Hon*w®  Dan1  Akehnrst  esqr  Attorney 
of  Nathaniel  Dunscom  in  behalfe  of  v®  sd  Dnnscom  prayeth  administra- 
tion of  estate  of  v®  sd  Jn°  Phil  pot  not  administered  upon  as  being  y® 
greatest  creditor  to  the  said  estate  And  assumeth  in  behalfe  of  v®  said 
Nathan1  Dunscom  to  answer  all  actions  comences  agst  y®  sd  .In0  Robison 
as  administrator  to  y®  sd  estate  and  all  other  clairnes  so  far  as  y®  said 
Robison  was  obliged  to  doe.  Ordered  y‘  y®  administration  of  y®  Estate 
of  .In"  Philpot  <h‘ed  not  administred  upon  be  committed  to  y®  sd  Nathaniel 
Dunscom  and  y®  said  Dan1  Akehnrst  undertakes  in  behalf1  of  v®  said 
Nathan1  Dunscom  for  y®  true  performance  thereof. 

•In0  Toomy  arrested  to  answer  y®  plaint  of  Robert  Moline  in  a plea  of 
y®  case  and  y®  said  Robert  Moline  came  and  saitli  that  Wheras  Thomas 
King  was  justly  Indebted  to  v®  Plaintif  y®  sume  of  ten  pounds  by  Bill 
acc*  y®  said  .In0  Toomy  of  y®  premises  not  ignorant  but  wth  Intent  y® 
Plaintif  to  defraud  clandestinly  hath  conveyed  y®  sd  King  out  of  this 
County  that  he  y®  said  King  is  escaped  and  gone  to  places  to  y®  plaintif 
unknowne  whereby  he  is  deprived  of  all  just  means  of  recovering  his  sd 
debt  and  is  Damnified  y®  sum  of  fifteen  pounds.  And  y®  sd  Jn°  Toomy 
came  and  by  his  Attorney  Mr  Richard  Plater  defendeth  y®  Injury  and 
saith  that  he  y®  said  -In®  Toomy  hath  not  conveyed  out  of  this  County  as 
y®  plaintif  hath  aleged  and  of  this  he  casteth  himself  upon  the  Country 
and  y®  said  Moline  like  wise  W herefore  y*  Marshall  is  required  y‘  he 
cause  to  come  here  twelve  true  and  lawfull  men  of  y®  vicinage  and  who 
to  neither  of  the  parties  are  any  ways  related  bv  whom  the  truth  of  the 
matter  may  be  tryed  who  Impanelled  and  sworne  viz. 


Evidence  for  y®  plantife 
Thurloe  tfee  K \\  m.  Col- 
lings  Charle  Neal 


Thomas  Miller  foreman  John  Lilly 
Thomas  Nichols,  Arthure  Carleton 
Christopher  Butler  Jacob  Overman 
tfraneis  Hendrick,  Wm  Bray, 

.In®  Wilson,  W m Collings 
Jnffl  Dan  Thurloe  tfee. 


pay 


Mr  Rich  Plater  Attor : 
for  defend1 

Say  upon  their  oath  We  finde  noe  cause  of  Action. 

Ordered  y‘ v*  sute  be  disniissinl  and  vl  v®  said  Robert  Moline 
costs  of  sute  als  Execution. 

Richard  Pope  arrested  to  answer  v*  sute  of  Lawrence  Mageo  and 
Marv  his  wife  Guardians  of  Wifi  Battle  son  and  heir  of  John  Battle 
decd  in  a plea  of  trespas  of  v®  case  And  y®  Plantf  by  their  Attor®  Mr 


1 Hi 


COLONIAL  RECORDS. 


Andrew  Ros  saith  y*  v®  sd  Richard  Pope  in  or  about  y*  vear  lfifil  into 
one  plantation  and  two  hundred  and  twenty  seven  acres  of  land  to  y® 
said  \Vm  Rattle  belonging  lying  and  being  in  Pascotanek  pre‘  in  Newbe- 
gun  Creeke  unlawfully  hath  entered  and  the  said  YVm  Battle  hath  des- 
seized  and  many  Injurys  thereon  hath  done  and  still  doth  Com  it  to  y* 
damage  of  y®  s'1  \Vm  Battle  one  hundred  pounds  And  v*  said  Rich  Pope 
by  Mr  Jn°  Porter  his  Attorney  I )efends  y®  Injury  and  saith  y*  ve  said 
land  is  not  y*  land  of  y®  said  Win  Battle  as  v®  Plaint*  have  aleged  and 
in  this  he  casteth  himselfe  upon  v*  Country  and  v®  Plaintifs  likewise. 
Wherefore  y®  Marshall  is  required  to  cause  to  come  here  twelve  true  and 
lawfull  men  of  y®  vicinage  and  who  to  neither  party  are  related  by  whom 
vc  truth  of  y®  matter  may  be  known  who  Impanelled  and  sworne.  viz 
Evidence  for  plaintf  ( Mr  Caleb  Calloway  Jn°  Mason  Mr  Jn° 

Jn°  Lilly  j Godfrey,  Hanaball  Haskins  Jn°  Hal- 

ford. Tho.  Durant,  Wm  Gaskin  Esaw 
Albertson  Rober  Moline  Wm  Man- 
^ sel  1 Jn°  Willoughby  Tho  Miller 

Say  upon  their  oath  we  finde  for  y®  Plaintif  the  lands  he  declares  for 
wth  cost  of  sute. 

And  y®  said  Richard  Pope  craves  y*  all  further  Proceedings  at  Comon 
Law  be  stayed  untill  a full  hearing  thereof  be  had  in  v®  Hon®bl  Court  of 
Chancery 

Ordered  y*  ye  proceedings  in  yc  said  action  be  stoped  as  affo resaid  y®  sd 
Richard  Pope  giving  security  to  prosecute  his  appeal  Et  retraxit. 

Willm  Steel  arrested  to  answer  y®  Plaint  of  Thomas  White  and 
Diana  his  wife  in  a plea  of  y®  case.  And  y®  said  Thomas  White  came  and 
saith  that  y®  said  Wm  Steel  is  Indebted  to  v®  Plaintf  bv  acc*  contracted 
vvth  y®  sd  Diana  whilest  she  was  sole  v®  sume  of  four  pounds  fifteen  shil- 
lings and  ten  pence  And  y®  said  Wm  Steel  came  not 

Ordered  y‘  y®  Marshall  have  here  y®  Body  of  y®  sd  Wm  Steel  v®  first 
day  of  the  next  Gen®11  Court  to  answer  v®  Premises,  als  Judgem*  to  be 
confirmed  agst.  y®  Marshall. 

Nathan1  Lawson  arrested  to  answer  y®  sute  of  Thomas  White  and 
Diana  his  wife  in  a plea  of  the  case  and  y®  said  White  came  and  saitli 
that  the  said  Nathaniel  Lawson  is  by  ace1  contracted  wth  v®  sd  Diana 
whilest  shee  was  sole  is  indebted  to  the  Plaintif  v®  sume  of  three  pounds 
seventeen  shillings  and  nine  pence.  And  y®  sd  Lawson  came  and  saitli 
that  since  ye  date  of  y®  sd  acc*  he  v*  sd  Nathaniel  Lawson  accounted  wth 
Jn°  Harris  Copartner  wth  v®  s'*  Diana  one  of  y®  Plaintifs  and  passed  his 
bill  to  the  sd  Jn°  Harris  for  y®  true  ballance  of  their  acc*  And  v®  Bill  be- 
ing produced  by  w“h  it  appeareth  y*  y®  said  bill  beareth  date  after  v®  sd 


COLONIAL  RECORDS. 


447 


acc‘  Ordered  y*  the  sute  be  dismissed  and  y‘  ye  said  Thomas  White  and 
Diana  his  wife  pay  costs  of  sute. 

Upon  ve  Peticon  of  Elizabeth  v®  wife  of  Wm  Bartlif  Robert  Molin 
and  Prudence  Hallum  sworne  Evidences  for  y®  sd  Wm  Bartlif  in  his 
complaint  vers  James  Mills.  Whereby  Itt  appeareth  that  y®  said  Mills 
had  made  an  agreem4  wth  y®  sd  Wm  Bartlife  for  y®  sd  Bartlif’s  freedom 
Ordered  y*  y®  sd  Wm  Bartlif  be  free  from  all  service  to  y®  sd  James 
Mills  and  y‘  v®  said  James  Mills  be  left  to  his  remidy  at  law  ag8t  y®  said 
Wm  Bartlif  for  y®  'jjfformance  of  y®  said  agreem1 

Upon  y®  Peticon  of  Jonathan  Bateman  administrator  wth  y®  will  anexed 
of  y®  Goods  and  chattells  of  Jonathan  Bateman  decd  praying  to  have  v* 
keyes  belonging  to  v®  sd  Estate  delivered  to  him 

Ordered  y*  Elizabeth  Wid  and  relict  of  the  said  Jonathan  Bateman 
decd  deliver  to  Jonathan  Bateman  in  v®  capacity  a fores'*  whatsoever  to  him 
belongeth  as  administrator  wth  y®  will  anexed  of  his  sddecd  father’s  estate. 

Patrick  Henley  and  Sarah  his  wife  Executrix  of  y®  last  Will  and  tes- 
tam‘  of  -In0  Culpeper  decd  arestd  to  answer  Mr  Rich.  Plater  Attorney  of 
Col  Sam*  Shrimpton  of  New  England  in  a plea  of  Debt.  And  y®  said 
Rich  Plater  came  and  saitli  y‘  y®  defend'9  are  justly  indebted  to  y®  Plaint! 
qualifyed  as  is  aforesd  y®  >um  of  seventy  three  pounds  fifteen  shillings 
and  three  pence  bv  Bill  and  y®  sd  Pa.  Henley  came  and  defends  y®  sute 
and  craves  Over  of  v®  said  Bill  wch  being  read  specifying  y*  said  sum 
haveinga  seal  annexed  and  signed  wth  ve  name  of  .Jn°  Culpeper  Dated  y® 
24th  day  of  Septimber  Ano  Dili  1U7.S  the  sd  Patr.  Henley  pleads  Non  cst 
factum  and  casteth  hi  nisei  fe  upon  the  Countrv  and  v®  sd  Plater  alsoe 
Wherefore  y®  Marshall  is  comanded  to  cause  to  come  twelve  true  and 
lawful!  men  of  y®  vicinage  and  who  to  neither  of  y®  partvs  are  related 
who  Impanelled  and  sworne  viz  Mr  Tho  Miller  tforeman 

dn°  Lilly  Tho.  Nichols,  Arthure 
( ’arleton  Christopher  Butler 
; Jacob  Overman,  ftrancis 

Hendrick,  Wm  Bray,  Thurloe 
flee,  Wm  Collings  John  Dan 
Jn°  Wilson 

Say  upon  their  oath  We  of  y®  Jury  finde  noe  cause  of  Action 

Ordered  v*  y®  sute  be  dismissed  and  y'  v®  sd  Richard  Plater  pay  costs 
of  sute  als  Execution 

Mr  Nicholas  Crisp  prayeth  y'  v®  administracon  of  y®  Goods  and  Chat- 
tells of  Robert  Jones  decd  may  be  comitted  to  him  as  greatest  creditor  to 
y®  sd  estate  Noe  one  appearing  in  behalfe  of  y®  sd  Robert  Jones 


148 


COLONIAL  RECORDS. 


Ordered  y‘  y*  administration  of  y®  Goods  and  Chattells  of  Robert 
Jones  dec,d  be  comitted  to  Mr  Nicholas  Crisp,  and  Mr  Thomas  Blount  & 
Mr  Christopher  Butler  undertake  on  behalfe  of  y*  sd  Nicholas  Crisp  for 
y®  Performance  thereof.  Janie  ffarloe  Lewis  W illiams  Wm  Luerton  Jn° 
Ballerd  or  anv  three  of  them  are  appointed  apprisers  of  y®  sd  estate  to 
be  sworne  before  befor  Mr  Thomas  Luten 

Charles  Taylor  acknowledgeth  his  deed  of  sale  of  one  hundred  thirty 
two  acres  of  land  lying  on  little  river  in  Pequimons  prct  to  Jacob  Over- 
man 

Mary  Philpot  Widdow  acknowledgeth  her  assignem*  of  a bill  of  sale 
of  one  hundred  acres  of  land  lying  in  y®  flfbrke  of  fflemins  Creek  and 
Win  Bray 

Upon  Petition  of  Coll  Thomas  Pollock  Attorney  of  Coll  Jn"  Lear 

Ordered  y*  y®  sd  Thomas  Pollock  have  liberty  to  ship:  of  What  porke 
is  in  his  custody  belonging  to  y®  sd  Coll  Jn°  Lear  as  Marving  v®  Widdow 
A Exectrix  of  y®  Hon®bl  Seth  Sothell  Esqr  decd 

Thomas  Twiddy  arrested  to  answer  y®  sute  of  Thomas  White  and 
Diana  his  wife  in  a plea  of  y®  ease  and  y®  sd  White  came  to  prosecute  his 
sute.  And  the  sd  Thomas  Twiddy  came  not. 

Ordered  y*  y®  Marshall  have  here  the  Body  of  the  said  Thomas 
Twiddy  y®  first  day  ol'  the  next  Gen®"  Court  to  answer  y®  said  Plaint  als 
Judgenfi  to  be  confirmed  agst  v®  Marshall 

Jacob  Devilliard  arrested  to  answer  y®  sute  of  Tho:  White  in  a plea 
of  Debt  and  v®  said  Jacob  Devilliard  came  not.  And  y®  said  Tho: 
White  craves  Judgem*  agst  y®  Marshall  Ordered  v*  y®  Marshall  have 
here  y®  Body  the  said  Jacob  Devilliard  to  answer  y®  Plaint  of  Thomas 
White  y®  first  day  of  next  Gen®11  Court  als  Judgem1  to  be  confirmed 
against  the  Marshall 

Upon  y®  Petition  of  Hon®11  Thomas  Harvey  esqr  Orderd  v*  Wm  v*  son 
of  Timothy  Pead  late  of  the  County  of  Albemarle  Decd  being  left  desti- 
tute be  bound  unto  y®  sd  Thomas  Harvey  esqr  and  Sarah  his  wife  untill 
he  be  at  y®  age  of  twenty  one  years  and  the  said  Thomas  Harvey  to  teach 
him  to  read 

The  Court  adjourned  till  y®  Morrow  morning  seven  of  y®  Clock 

February  y®  27 

The  Court  Meet  and  Present  The  Honerbl®  Thomas  Harvey  Esqr  dep 
Govern'  Hon8bl  Dan1  Akehurst,  Benjamin  Dakar  ftrancis  Tomes  MajT 
Sam1  Swann  Coll  Tho.  Pollock  Ksqr  Lds  Deputy.-  Cap*  Anthony  Dawson 
Assistant 


COLONIAL  RECORDS. 


44<> 


Upon  Petition  of  Thomas  Twiddv  Ordered  that  Administration  of  y° 
Goods  and  Chattells  of  Thomas  W ingod  decd  be  eomitted  to  y®  said  Thomas 
Twiddy  And  Jn°  Northcoat  Win  Godfrey  ffraneis  Penrice  Albert  Al- 
bertson jnnr  are  appointed  apprisers  of  y®  sd  estate  to  be  sworne  before 
Mr  Jn°  Godfrey  And  Hanaball  Haskins  and  Robert  Moline  undertake 
on  behalfe  of  v®  said  Thomas  Twiddv  for  ye  true  p'formanee  thereof. 

Robert  Moline  arrested  to  answer  v®  sute  of  Thomas  White  and  Diana 
his  wife  in  a plea  of  ye  case  and  y®  sd  Thomas  White  cometli  and  saith 
that  v®  said  Robert  Moline  is  Indebted  to  y®  Plaintif  by  his  acc*  con- 
tracted wth  ye  said  Diana  Wildest  shee  was  sole  y®  sum  of  four  pounds 
seven  shillings  and  one  penny  and  he  produceth  his  account  And  y®  said 
Robert  Moline  cometli  and  produceth  an  Account  in  ballance  of  v®  acc6 
brought  against  him  by  y®  said  Thomas  White  bv  woh  it  a p pea  res  that 
there  is  due  to  y®  said  Thomas  White  and  Diana  his  wife  y®  sum  of 
twelve  shillings  And  y®  said  Moline  upon  his  Oath  further  saith  that 
upon  demand  made  by  y®  said  Thomas  White  he  the  said  Robert  Moline 
tendered  his  acc1  wth  payni*  of  y®  Ballance. 

Ordered  y*  y®  sute  be  dismissed  and  v*  the  sd  Thomas  White  and 
Diana  his  wife  pay  costs  of  sute  al is  Execution 

Robert  Moline  arrested  to  answer  y®  sute  of  Thomas  White  and  Diana 
his  wife  in  a plea  of  y®  case  And  v°  said  Thomas  White  came  and  saith 
that  the  said  Robert  Moline  is  Indebted  to  v®  Plaintifs  y®  sum  of  thirty 
six  shillings  by  bill  passed  to  y®  said  Diana  one  of  y®  Plaintifs  Whilst 
shee  was  sole  upon  y®  acc*  of  Thomas  King  and  further  saith  that  y® 
said  Robert  Moline  did  assume  and  Promis  to  pay  upon  y®  acc1  of  y®  said 
Thomas  King  w*  further  acc1  v®  said  Thomas  King  should  contract 
Anil  y®  said  Robert  Moline  cometli  and  saith  as  to  v®  Hill  for  thirty  six 
shillings  he  confesseth  to  be  due  to  y®  Plaintif  and  to  y®  assumption 
aforesd  in  behalf  of  the  s'1  Thomas  King  the  said  Robert  Moline  saith 
that  he  hath  not  assumed  as  is  aleged  And  v®  said  Thomas  White  saith 
that  concerning  y®  assumption  of  y®  sd  acc*  he  will  noe  further  proceed 

Ordered  y*  the  said  Robert  Moline  pay  unto  v®  the  said  Thomas  W hite 
and  Diana  his  wife  the  sum  of  thirty  six  shillings  in  porke  alias  Execu- 
tion. 

John  King  arrested  to  answer  Patrick  Bayly  in  a plea  of  Debt  and 
y®  said  Patrick  Bayly  came  and  saith  y*  y®  sd  John  is  justly  Indebted  to 
y®  Plaintif  v®  sume  of  thirty  pounds  ten  shillings  and  live  pence  in 
porke  by  bill  And  y®  said  Jn°  King  cometli  and  confesseth  Judgem*  for 
the  same  Ordered  v*  the  said  Jn°  King  pay  unto  y®  sd  Patrick  Bayley 
y®  sum  of  thirty  pounds  ten  shills  and  five  pence  in  porke  ali3  Execu- 
tion - 53 


COLONIAL  RECORDS. 


150 


Thomas  White  and  Diana  his  wife  brings  their  action  ag“  David 
Blake  in  a plea  of  y®  ease  and  v®  Marshall  is  required  to  arrest  the  said 
David  Blake  to  answer  y®  said  Plaint  and  y®  Marshall  maketh  returne 
vt  ye  sd  Davj(]  Blake  is  not  to  be  found 

Ordered  y‘  Attachment  lx;  given  against  v®  estate  of  y®  said  David 
Blake  and  returne  to  be  made  to  y®  Next  Gen®11  Court. 

Mr  Patrick  Bavley  acknowledgeth  his  deed  of  sale  of  a tract  of  land 
unto  -In0  King 

Richard  Plater  arrested  to  answer  y®  snte  of  Thomas  White  and 
Diana  his  wife  in  a plea  of  the  Case  and  y®  sd  Richard  Plater  cometh  not 
Ordered  y‘  v®  Marshall  have  here  y®  Body  of  y®  said  Richard  Plater 
y®  first  day  of  v®  next  Gen®11  Court  to  answer  y®  said  Plaint  Alias  Judge- 
ment to  be  confirmed  ag8t  y®  Marshall 

Thomas  White  arrested  to  answer  y®  sute  of  Mr  Edw  : Mayo  in  a plea 
of  Debt  and  y®  said  Thomas  White  cometh  and  saitli  that  noe  declara- 
tion of  the  said  action  hath  been  delivered  to  him  as  by  law  is  provideth 
and  thereupon  craveth  a nonsute. 

Ordered  that  y®  action  ffall  and  y®  said  Edw.  Mayo  pay  costs  of  sute 
ali®  Execution. 

Thomas  White  arrested  to  answer  y®  sute  of  Thomas  Hassold  in  a plea 
of  Debt  and  y®  said  Thomas  White  came  and  saitli  that  y®  declaration 
delivered  to  him  by  y®  sd  Hassold  is  not  signed  by  the  Plaintif  nor  by 
y®  Clerk  according  to  rule  and  therupon  he  craveth  a nonsute 

Ordered  that  v®  sute  ffall  and  y‘  y®  said  Tho.  Hassold  pay  costs  als 
Execution 

Thomas  Hassold  arrested  to  answer  y®  sute  of  ffrancis  fibster  in  a plea 
of  Debt  and  y®  said  ffrancis  fibster  came  not. 

Ordered  y‘  y®  sute  be  dismissed  and  y‘  the  sai<l  ffrancis  ffoster  pay  costs 
of  sute  ali*  Execut" 

The  Estate  of  Henry  carpenter  attached  to  answer  y®  plaint  of  John 
Tweggar  and  y®  sd  Jn°  Tweggar  came  not 

Ordered  y‘  y®  said  sute  ffall  and  that  the  said  Jn°  Tweggar  pay  costs 
of  sute. 

A letter  of  Attorney  from  Nathaniel  Dunscom  to  y®  Honbl  Dan1  Ake- 
hurst  esqr  proved  by  y®  oath  of  Mary  Jenings  Ord.  to  be  recorded 
A Letter  of  Attorney  from  Barbary  Midleton  to  Patrick  Henley 
proved  by  y®  Oaths  of  Richard  Pope  and  y®  Hon®1’1  Dan1  Akehurst  esqr 
A Nancup*  Will  of  Mrs  Anne  Durant  proved  by  the  oath  of  Jn° 
Clapper  and  Elinor  Moline 

Ordered  that  a Probat  of  y®  sd  Will  be  granted  to  Thomas  Durant  who 
is  appointed  Executor  of  y®  said  Will 


COLONIAL  RECORDS. 


45] 


Ordered  y*  Jn°  Halford  be  appointed  appriser  of  y®  estate  of  Mr  Geo 
Durant  instead  of  Jonathan  Bateman  decd  to  be  sworne  befor  Jn°  God- 
frey or  Wm  Duckenfield  esqr 

Wm  Currey  proves  by  his  oath  an  aect  ag8t  the  estate  of  George  Du- 
rant and  appointeth  Thomas  Tweddy  his  Attorney 
The  Court  adjourned. 

March  y®  ffirst 

The  Court  meet  Presn.  The  Hon®bl  Tho.  Harvey  esqr  Dep  Govern1 
The  Hon®bl  Dan1  Akehurst  Benj  Lakar  ffrancis  Tomes  Majr  Sam1  Swann 
Col  Tho : Pollock  esqr  LdB  Deputys  Cap4  Anthony  Dawson  Mr  Wm 
Duckenfield  assistants 

Mr  Duckenfield  1 Patrick  Henley  and  Sarah  his 
riseth  j wife  Executrix  of  y®  last  Will 

and  testam*  of  Mr  John  Culpeper  dec11 

Arrested  to  answer  y®  sute  of  Wm  Duckenfield  and  Susanah  his  wife 
Executrix  of  y®  last  Will  and  testam*  of  Coll  ffrancis  Heartly  And  y® 
said  Wm  Duckenfield  eometh  by  Hanaball  Haskins  his  Attorney  and 
saitli  y*  y®  said  Patrick  Henley  and  Sarah  his  wife  is  indebted  to  y®  Plan* 
by  ace*  contracted  by  y®  said  Jn°  Culpeper  in  his  life  time  w*h  y®  sd  ffran- 
cis Heartly  in  his  life  time  y®  sum  of  Eleven  pounds  seventeen  shillings 
five  pence  half  penv  and  y®  said  Patrick  Henley  craves  Over  of  v®  sd  ace* 
w“h  being  read  bearing  date  Ano  1689-90  y®  said  Henley  saith  that  after 
v®  date  of  v®  said  ace*  viz.  Ano  1690—91  y®  said  Jn°  Culpeper  had  from 
y®  sd  ffrancis  Heartly  a full  discharge  from  all  former  ace*8  woh  bv  y®  said 
discharge  produced  in  Court  he  maketh  appear 

Ordered  y*  y®  sute  be  dismissed  and  y*  y®  said  Wm  Duckenfield  and 
Susanah  his  wife  pay  costs  al®  Execution 

And  v®  sd  Patrick  Henley  prayeth  his  said  discharge  from  y®  sd  ffran- 
cis Heartlev  to  be  recorded 

. Jn°  Robison  A dm™  of  y®  Goods  and  ehattells  of  Jn°  Philpot  arrested 
to  answer  Rich  Cragge  in  a plea  of  Debt  and  y®  said  Richard  Cragge 
eometh  and  saith  y*  y®  said  John  Philpot  by  bill  under  his  hand  is  bound 
unto  y®  Plaint,  in  y®  sume  of  four  pounds  ten  shillings  in  porke  wch  Ik* 
proves  by  y®  Oathes  of  Mathew  Kelly  and  Wm  Plater.  And  y®  Hon®bl 
Dan1  Akehurst  es(jr  attor  of  Nathaniel  Dunscom  to  whom  v®  adintion  of 
y®  said  John  Philpotts  estate  not  administered  upon  is  comitted  accord- 
ing to  his  assumption  in  that  case  made  in  behalfe  of  y®  sd  Dunscom  ap- 
pears  and  haveing  not  to  say  in  defences 

Ordered  that  pavm*  of  y®  sume  of  four  pounds  ten  shillings  in  porke 
w*h  costs  be  made  to  the  said  Richard  Cragge  out  of  the  estate  of  y®  said 
.ln°  Philpott 


152 


COLONIAL  RECORDS. 


Mr  Andrew  Ros  .In0  Stepney  Tim.  Lepper  An:  Norman  Coll  \Vm  Wil- 
kison  Cap4  Henderson  Walker  and  Anthony  Dawson  their  affidavits 
taken  for  Majr  Alexander  Lillington  defend  in  an  action  of  trespas  of 
the  case  brought  ag"4  him  by  Mr  Caleb  Cutaway  and  Mr  Jn°  Barrows 
Guardians  of  Jn°  Hencoek  son  and  heir  of  Stephen  Meneock  dec4 
Administration  of  y*  estate  of  Richard  Stibcll  Ordered  to  be  eomitted 
to  James  Ward  and  Hanah  his  wife  relict  of  y®  sd  Richard  Stibcll  being 
nearest  of  kin 

James  ffisher,  Wm  Charleton  Thomas  Clarke  and  Wm  Bretbell  or  any 
three  of  them  being  sworne  before  Mr  Jn°  Porter  junr  are  appointed  to 
apprise  the  same 

And  Christopher  Butler  and  Jn°  ffoster  assume  and  undertake  in  be- 
half of  v®  s4  Ward  in  y®  sume  of  one  hundred  pounds  for  ye  prformance 
The  Administration  of  y*  estate  of  Timothy  Read  dec4  ordered  to  be 
eomitted  to  Majr  Alexandr  Lillington  as  greatest  creditor  who  proves  by 
his  oath  y4  y*  sd  Pead  oweth  him  by  acc4  y®  sume  of  four  pounds  five 
shillings  and  ten  pence  halfepeny 

Edw.  Wilson  Jn°  Spclman  Jn°  Cheston  and  Richard  Davenport  or 
any  three  of  them  being  sworne  before  Mr  Jn°  Barrow  to  apprise  the  same. 
And  Mr.  Rich.  Pope  on  behalfe  of  y®  said  Alexander  Lillington  under- 
taketh  in  y®  penall  sum  of  forty  pounds  for  the  true  ftformance  thereof 
Mr  Jn°  Porter  jimr  Dan1  Akehurst  Esqr  & ffrancis  Tomes  esqr  sworne 
to  prove  ve  said  ffrancis  Tomes  acc4  ag8t  v®  estate  of  Seth  Sothell  Esqr 
Ordered  v4  Thomas  White  pay  unto  Esavv  Albertson  being  evidence 
for  White  vers  Bishop  and  Sudell  ye  sum  of  five  shillings  and  ten  pence 
Caleb  Callaway  and  Jn°  Barrow  Guardians  of  Jn°  Hencoek  son  and 
heir  of  Stephen  Hencoek  dec4  versus  Majr  Alexander  Lillington  in  a 
plea  of  trespas  of  y®  case  referred  to  y®  first  day  of  the  next  Gen*11  Court 
by  consent  of  both  partys. 

Coll  Thomas  Pollock  enters  his  petition  ag8t  the  estate  of  Thomas 
Hawkins  Dec'1  for  y®  sume  of  ten  pounds  four  shillings  in  skins  to  be 
paid  at  y®  Virginia  rate  and  prayeth  y4  upon  v®  neglect  of  y®  nearest  of 
kin  he  may  have  administration  of  his  estate 

Patrick  Henley  and  Sarah  his  wife  Executrix  of  the  last  will  and  tes- 
ta m4  of  Jn°  Culpeper  dec4  arrested  to  answer  y®  sute  of  Cap4  Jn°  Hunt 
Attorney  of  Anthony  Brockhos  of  New  Yorke  in  a plea  of  the  case  and 
y®  s4  Jn°  Hunt  saith  y4  y®  said  .1  n°  Culpeper  hath  received  by  order  of 
Thomas  Clancy  upon  y®  acc4  of  y®  said  Anthony  Brockhos  anti 
James  Larkin  certain  goods  to  y*  value  of  forty  five  pounds  Eighteen 
shills  and  six  pence  and  y®  said  Patrick  Henley  saith  that  y*  goods  he 
hath  received  as  is  aleged  and  his  reasonable  acc4  thereof  he  is  ready  to 


COLONIAL  RECORDS. 


453 


render  but  y®  sd  .Tn°  Hunt  haveing  noe  authority  from  y®  said  James 
Larkin  to  whom  parte  of  the  sd  Goods  did  belong  lie  cannot  answer  the 
said  sute 

Ordered  that  ye  sute  fall  and  that  the  said  Jn°  Hunt  pay  costs  of  sutc 
Charles  Jones  versus  Richard  Atkins  Executor  of  the  last  will  and 
testanfi  of  James  Johnson  returned  Non  est  Inventus  and  y®  said  Charles 
Jones  came  not  Order4  y‘  y®  sute  be  dismissed  wth  costs  of  sute. 

Jn°  Clapper  by  Whirr1  from  v®  Grand  Councell  is  brought  before  this 
Court  to  answer  a complaint  Exhibited  ag8t  him  for  his  Misbehaviour 
and  abusive  language  Especially  ag8t  y®  Hon°bI  Thomas  Harvey  esqr  Dep 
Govern'  etc  of  this  Province  etc: 

Ordered  y‘  v®  sd  Jn°  Clapper  shall  publickly  upon  his  knees  crave  v® 
Hon®11  Deputy  Governors  Pardon  and  give  bond  for  his  good  abearing 
and  appearance  at  y®  Next  Gen®11  Court. 

Coll  Wm  Wilkison  craveth  that  a Caveat  be  entered  on  his  behalfe 
ag8t  y®  estate  of  Thomas  Hawkins  deed 

Majr  Sam1  Swann  surveyor  of  this  province  brings  his  sute  against 
Benjamin  Lakar  Esqr  for  and  that  y®  said  Benjamin  Lakar  refuseth  to 
render  y®  sum  of  three  pounds  two  shillings  wch  is  by  statute  due  to  v® 
said  Sam1  Swann  from  y®  said  Benjamin  Lakar  viz  forty  shillings  for 
surveying  of  one  tract  of  land  containing  five  hundred  thirty  eight  acres 
and  twenty  two  shillings  for  surveying  four  hundred  acres  belonging  to 
v®  said  Benjamin  Lakar  being  parte  of  a tract  of  land  containing  fifteen 
hundred  acres  surveyed  by  y®  said  Sam1  Swann  to  y®  end  that  he  might 
lay  out  to  every  one  of  y®  said  possessors  of  the  said  tract  of  fifteen  hun- 
dred acres  their  just  parts  And  y®  said  Benjamin  Lakar  saith  upon  his 
oath  that  he  never  heard  Majr  Swann  nor  any  other  ^son  holding  land 
wthin  the  said  tract  of  fifteen  hundred  acres  say  y‘  v®  surveyor  could  not 
lay  out  to  every  one  his  just  parte  wtbout  danger  of  doeing  Injury  to 
some  of  them  Except  he  first  surveyed  the  whole  tract 

Ordered  y‘  v®  sute  be  dismissed  and  the  said  Sam1  Swann  to  pay  costs 
Upon  y®  Peticon  of  W m Duckcnfield  esqr 

Ordered  y‘  the  said  W in  Duckenfield  have  liberty  to  survey  and  have 
patent  for  a tract  of  land  containing  one  hundred  and  eighty  acres  for- 
merly belonging  to  John  Tarkinton  called  Tarkintons  quarter  and  bv 
v®  said  'Park intons  conviction  of  felony  forfeited  to  v®  Lds  Proprietors 
Andrew  Ros  Attorney  of  Lawrence  Magco  and  Mary  his  wife  Guard- 
dians  of  W m Battle  son  and  heir  of  Jn°  Battle  acknowledged  his  deed 
of  Sale  to  Rich  Pope. 


454 


COLONIAL  RECORDS. 


Upon  complaint  of  Coll  Thomas  Pollock  Attorney  Coll  Jn°  Lear. 
Ordered  that  noe  fJson  hunt  or  kill  any  unmarked  Cattle  in  the  neck  of 
land  lying  upon  Cuscopannock  River  East  of  y®  great  swamp  that 
divides  between  that  and  the  Inhabitants  of  South  Lancaster 

THOMAS  HARVEY 
DANIEL  AKEHURST 
FFRANCIS  TOMES 
BENJAMIN  LAKAR 


RECORDS  OF  COURT  OF  CHANCERY. 

1(394-5  At  y®  Court  of  Chancery  holden  at  y®  house  of  Thomas  White 
y®  28th  of  ffebruary 

Presnt  y®  HonebI®  Thomas  Harvey  esqr  The  Honbl®  Dan1  Akehurst  Esqr 
Benj.  Lakar  ffraneis  Tomes  Major  Sam1  Swann  Co11  Thomas  Pollock 
Lds  Deputvs  Cap1  Anthony  Dawson  Mr  Wm  Duckenfield  Assistants 
Mr  Patrick  Henley  sumoned  to  answer  y®  plaint  of  Wm  Bournsby 
and  y®  said  Wm  Bournsby  sheweth  that  Wheras  y®  said  Patrick  Henley 
had  Recovered  at  Comon  Law  ag8t  y®  Complain1  v®  sum  of  ten  pounds 
wth  costs  on  y®  acc*  of  some  Cattle  of  v®  said  Patrick  Hen  leys  aleged  to  be 
detained  by  y®  said  Wm  Bournsby  y®  said  Wm  Bournsby  saith  y‘  the  sd 
Cattle  was  indeed  had  by  y®  sd  Henley  and  by  him  disposed  of  and 
craves  that  hereof  y®  sd  Patrick  Henley  may  he  examined  upon  his  Oath 
concerning  the  premises  And  y®  sd  Patrick  Henley  upon  his  oath  saith 
that  he  had  not  killed  or  any  waves  disposed  of  the  three  Kowes  for  wch 
he  brought  his  action  at  Comon  Law  agst  y®  sd  Wm  Bournsby  and  upon 
wch  the  recovery  of  y®  said  ten  pounds  was  had 

Decreed  v‘  the  said  Wm  Bournkbv  pay  unto  the  said  Patrick  Henley 
y*  sum  often  pounds  recovered  at  Comon  Law  wth  all  costs  of  sute. 

.ln°  Mason  sumoned  to  answer  y®  sute  of  Wm  Bournsby  and  y®  sd  Ma- 
son came  and  saith  y*  the  said  Wm  Bournsby  brought  his  sute  agst  v®  sd 
Jn°  Mason  at  the  prcinct  Court  of  Pacotanck  for  and  concerning  the  sale 
of  one  halfe  of  a vessel  1 called  y®  John  and  Sarah  in  wch  sute  y®  said  Wm 
Bournsby  recovered  agst  v®  said  Mason  v®  sum  of  twenty  pounds  from 
which  j udgemk  v®  sd  Mason  appealed  to  v®  Gen®11  Court  holden  for  this 
Province  in  September  last  and  v®  said  Wm  Bournsby  to  avoid  the  hear- 
ing of  the  matter  in  y®  Gen®11  Court  bv  an  Injunction  removed  y®  sute 
unto  v®  Court  of  Chancery  at  wch  Court  y®  sd  Mason  being  come  now 
saith  that  the  sd  Wm  Bournsby  hath  not  filed  his  bill  in  Chancery  in- 
tending to  lett  his  sute  fall  haveing  by  such  indirect  meanes  disappointed 
v®  said  Mason  of  his  appeal  to  y®  Gen®11  Court 


COLONIAL  RECORDS. 


155 


Decreed  y‘  the  order  ol‘  y®  Dree1  Court  obteined  against  y®  said  Mason 
be  reversed  and  made  void  and  y®  sute  in  Chancery  be  dismissed  and  y® 
said  Win  Bournsby  pay  all  Costs. 

Patrick  Henley  and  Sarah  his  wife  Executrix  of  y*  last  Will  and  tes- 
tament of  Jn°  Culpeper  decd  sumoned  to  answer  y®  sute  of  Wm  Ducken- 
field  Es(jr  and  ve  said  Wm  Duckenfield  saith  that  there  is  due  to  him 
from  ye  defend18  ye  sum  of  five  pounds  seven  shillings  for  soe  much 
money  paid  by  the  said  Wm  Duckenfield  unto  Henry  Gawler  in  Vir- 
ginia on  ye  acc*  of  y®  said  Jn°  Culpeper  in  his  life  time  for  woh  y®  s'1  Jn° 
Culpeper  assumed  paym‘  of  y®  said  sum  unto  the  said  Wm  Duckenfield 
And  y®  said  Patrick  Henley  coiueth  and  confesseth  the  same  to  be  due  as 
is  aleged  and  assumeth  paym‘  of  y®  same  in  Wheat  at  the  next  insueing 
crop  and  y®  said  Wm  Duckenfield  is  content  to  receive  y®  sd  sum  in  that 
specie. 

Decreed  yk  the  sd  Patrick  Henley  and  Sarah  his  wife  pay  unto  y®  sd 
Wm  Duckenfield  the  sum  of  five  pounds  and  seven  shillings  in  Wheat 
ali8  Execution. 

Jn°  Hopkins  sumoned  to  answer  y®  sute  of  Christopher  Butler  and  y® 
said  Jn°  Hopkins  came  and  saith  that  whereas  he  y®  said  Hopkins  had  at 
y®  last  Gene11  Court  obteined  judgnrd  ag8t  severall  Goods  belonging  to  Wm 
Sprag  for  y®  satisfying  of  a debt  due  from  y®  said  Wm  Sprag  to  y®  said 
Jn°  Hopkins  in  woh  sute  Christopher  Butler  appearing  and  pretending  a 
title  to  the  sd  Goods  hath  bv  an  Injunction  in  Chancery  stoped  the  pro- 
ceedings and  caused  y®  sd  Hopkins  be  sumoned  to  the  Court  of  Chancery 
and  saith  further  that  v®  sd  Christopher  Butler  hath  not  filed  anv  bill 
whereto  y®  sd  Hopkins  may  answer  woh  appearing  to  be  soe  as  is  aleged 

Decreed  y‘  y®  sute  be  dismissed  and  that  the  said  Christopher  Butler 
pay  costs  of  this  sute  and  that  y®  former  judgem*  Given  ag8t  the  said 
goods  be  confirmed 

Jn°  Stepney  sumoned  to  answer  the  sute  of  Christopher  Butler  and  v* 
said  Stepney  cometh  and  saith  that  whereas  y®  said  Jn°  Stepney  Obtained 
a judgm*  ag8t  some  Chattells  of  v®  estate  of  Will  Sprag  attached  at  y® 
sute  of  v®  said  Jn°  Stepney  for  y®  satisfying  of  a debt  due  to  y®  said  Jn° 
Stepney  from  the  said  Wm  Sprag  as  appearcs  upon  Record  in  wch  sute 
the  said  Christopher  Butler  Appearing  and  pretending  title  to  y®  said 
Chattells  by  an  Injunction  hath  removed  the  sute  into  this  Court  of 
Chancery  and  caused  y®  sd  Jn®  Stepney  to  be  sumoned  to  this  Court  in 
woh  v®  said  Christopher  Butler  hath  filed  no  Bill  ag8t  v®  said  Stepney  woh 
appearing  by  record  to  be  soe. 


COLONIAL  RECORDS. 


456 


Decreed  that  ye  sute  in  Clianoery  be  dismissed  and  y*  ye  said  Christo- 
pher Butler  pay  costs  and  that  ye  former  jndgem*  upon  the  attach  in1  be 
confirmed 

THOMAS  HARVEY 
DANIEL  AKEHURST 
BENJAMIN  LAKAR 
THOMAS  POLLOCK 
SAMUEL  SWANN 


RECORD  BY  ORDER  OF  COURT 

The  first  of’  yc  3 month  1682 

Governor  Seth  Sothell  is  Debtr  To  5 Barr1’  of 4 £.  S.  d 
March  Corne  to  .In0  Blany  by  tins  order  to  Dan1  Akehurst  >02  01  08 
17  to  me  to  pay  as  by  their  notes  will  appear 
to  one  pr  of  Wool  cards 
to  one  pr  of  Trucks 


00  02  06 
00  05  00 


02  09  02 


In  v*  6th  Moneth  8th  or  therabouts 


Wm  Gosnell  is  Dr  for  2 pr  of  shoes  00  08  04 

to  one  pott  of  Butter  about  8 gall  01  15  00 

to  45  pounds  of  Bacon  at  00  19  00 

to  2 barrells  of  Indian  Corne  00  16  08 

to  one  bottle  of  Honey  00  02  00 

to  one  Holand  Handkerchif  00  02  00 


04  03  00 


All  wch  I had  Govern1  Sothells  word  for  to  pay  me  after  Wm  Gosnell 
was  dead 

I the  subscriber  doe  declare  on  ye  penalty  of  Perjury  y‘  y°  pr  of  wool- 
cards  and  trucks  were  delivered  to  Seth  Sothell  as  alsoe  y‘  Mr  Gosnell 
had  what  is  charged  to  his  acct*  and  y*  I never  had  any  part  or  prcell  of 
ye  same 

F FRANCIS  TOMES 

Sworne  before  ye  Gen*11  Court 
ye  28  of  fl’eb  1694 
W.  Glover  Clrk 


COLONIAL  RECORDS. 


457 


I doe  testify  that  Seth  Sothell  desired  me  to  give  ffrancis  Tomes  an 
ace1  of  w*  money  was  due  to  Blany  from  Seth  Sothell  for  ye  ffreight  of 
his  goods  from  Quipoton  to  this  place  Accordingly  I by  a Noat  ordered 
ffrancis  Tomes  to  pay  to  Jn°  Blaney  five  barrells  of  corne  for  v*  freight 
of  his  goods  the  wch  Corne  bv  a recep*  under  Blanys  hand  I find  ye  said 
ffrancis  Tomes  did  pay  to  ve  truth  hereof  I doe  subscribe  ye  28th  of  ffeb 
1694-5 


DAN1  AKEHURST 

Sworne  in  y*  Gene11  Court  feb  28  1694 

W.  GLOVER  Clerk. 


The  deposition  of  Jn°  Porter  Junraged  30  yea  res  or  thereabout  Exam- 
ined and  Sworne  saith 

That  sometime  in  or  about  ve  monetli  of  November  in  ye  year  1693 
Governor  Sothel  and  ffrancis  Tomes  was  at  the  dcponts  fathers  house  in 
ye  Prec*  of  Chowan  in  North  Carolina  and  Governor  Sothell  haveing 
brought  a box  of  goods  to  this  deponts  fathers  aforesaid  woh  box  this  de- 
pon* did  then  understand  to  belong  to  M rs  Elizabeth  Banks  of  London 
and  was  sent  her  by  her  brother  Win  Tompson  of  London  to  her  then 
living  in  Carolina  by  the  sd  Governor  Sothell  woh  box  as  I understood  at 
y*  time  by  their  discourse  was  opened  before  the  delivery  of  ye  same  to 
Mr  Tomes  Mrs  Eliz.  Banks  Attorney  and  some  of  ye  Perticulars  taken 
out  as  a p'cel  of  Narrow  lace  \voh  Mr  Sothell  owned  he  had  and  brought 
some  of  the  lace  sewed  to  headlinnen  woh  he  said  was  done  by  his  wife 
and  alsoe  Mr  Tomes  demanded  of  Mr  Sothell  two  Guinys  w#h  was  alsoe 
in  ye  sd  Box  to  wch  Mr  Sothell  replyed  that  he  was  goeing  for  England 
and  that  he  would  acc*  wth  Mr  Thompson  for  them  wth  some  other  things 
then  discoursed  of  between  them  woh  this  depon*  doth  not  at  prsent  re- 
member this  being  y°  discourse  woh  at  the  afore*4  time  and  place  past  in 
y°  hearing  of  this  depon*  between  Seth  Sothell  & Mr  ffrancis  Tomes  At- 
torney of  Mrs  Eliz  Bancks  to  y°  best  of  his  memory.  Witness  my  hand 
this  28th  day  of  ffeb  1694-5 

JN°  PORTER  Junr 

Sworne  before  ye  Gen"11  Court 
y*  28th  of  ffeb  1694 

W.  GLOVER  Crk 


54 


458 


COLONIAL  RECORDS. 


1696. 


[B.  I'.  R.  O.  Colonial  Entry  Book.  Vol.  100.  p.  376.] 


CIRCULAR  LETTER  FROM  LORDS  OF  THE  PRIVY 
COUNCIL  TO  THE  GOV"  IN  THE  PLANTA- 
TIONS 13  FEBRUARY  1695-6. 

After  Our  very  hearty  commendations 

Wheras  the  Lords  spirituall  A temporall  with  the  Commons  assembled 
in  Parliam1  have  by  their  late  Address  represented  to  His  Majesty  the 
obstructions  that  will  unavoidably  accrue  to  the  trade  and  navigation  of 
this  Kingdome  by  an  Act  lately  passed  in  Scotland  for  erecting  a com- 
pany to  trade  from  thence  to  India  Africa  and  America  a copy  of  which 
Act  and  the  Address  of  the  Lords  and  Commons  with  Her  Maj.  gracious 
answer  thereupon  You  will  receive  from  the  Comm”  of  his  Maj.  Cus- 
tomes  together  with  a letter  from  the  said  Comm”  recommending  to  your 
care  the  vigorous  execution  of  the  several  laws  made  here  in  England 
for  the  security  of  the  Plantation  trade  And  to  see  that  the  Officers  of 
the  Comm”  of  the  Customes  within  your  government  do  strictly  pursue 
their  duties  according  to  the  said  Laws  & further  reminding  you  of  what 
is  by  the  said  laws  more  especially  required  at  your  hands  for  the  better 
securing  the  Plantation  trade  to  this  nation  Wee  have  received  his  Maj. 
comands  to  let  you  know  that  his  Maj.  being  very  sensible  how  preju- 
dicial the  said  Act  past  in  Scotland  may  be  to  the  trade  & commerce  of 
this  Kingdome  as  well  to  his  Maj.  Plantations  as  toother  parts  his  Maj- 
esty expects  from  you  not  only  a strict  performance  of  what  is  recomended 
to  your  care  by  the  Com”  of  the  Customes  in  their  said  letter  as  the  best 
means  to  remedy  the  said  inconveniences  for  the  present  but  that  you  also 
use  your  utmost  endeavours  that  the  Laws  of  Trade  and  Navigation  of 
this  Kingdome  may  be  duly  and  strictly  executed  within  your  govern- 
ment as  well  bv  what  countenance  and  assistance  you  may  give  to  the 
Officers  of  the  Com”  of  the  Customes  in  this  behalf  as  by  all  other  ways 
and  means  whatsoever  that  you  may  use  whereby  the  ill  consequences  of 
the  said  Act  past  in  Scotland  to  the  trade  and  navigation  of  this  king- 
dome  may  be  avoided  in  all  which  his  Maj  expects  a strict  compliance 
from  you  according  to  your  duty  as  you  will  answer  the  contrary  And 
so  Wee  bid  you  verv  heartily  farewell  From  the  Councill  Chamber  at 


COLONIAL  RECORDS. 


459 


Kensington  this  thirteenth  day  of  February  1695-0  in  the  eighth  year 
of  his  Maj.  Reigne 


Your  very  loving  Friends 

MONMOUTH  PEMBROKE  C.  P.  S. 

STANFORD  DEYONSPI I RE 


TANKERVILLE  DORSETT 


DURSLEY  BRIDGEWATER 


■JOHN  NICHOLAS. 


[B.  P.  R.  O.  Va.  Council.  B.  T.  Va.  58.] 


AT  A COUNCIL  HELD  AT  JAMES  CITY  THE  13th  OF 

FEBry  1696 

Present. 

His  Excellency  Sr  Edmund  Andros  Knt  Governor  Nathaniel  Mack 
by  his  petition  Complaining  to  his  Excellency  that  Wm  Full- 
wood  being  indebted  to  him  one  hundred  pounds  ster1  and  the  said  Full- 
wood  having  illegally  departed  this  Government  the  said  Macklanshaw 
caused  the  goods  of  the  said  Fullwood  being  in  an  Island  called  Crow 
Island  patented  and  held  since  the  first  settlement  of  this  Colony  to  be 
attached  by  Wm  Fitz  Gerard  under  Sheri f of  Princess  Anne  County,  but 
before  the  said  Sheriff  departed  off  the  said  Crow  Island,  one  \Vm  Bray 
pretending  himself  Marshall  or  sheriff  of  North  Carolina  came  with  force 
and  Arms  and  Rescued  the  goods  attached,  carryed  away  the  under 
Sheriff  and  Kept  him  in  Custody  untill  he  gave  security  for  his  appear- 
ance at  next  Gen"  Court  held  for  Carolina;  by  means  of  which  the  said 
Macklanshaw  is  in  Danger  of  looseing  his  Debt  and  prayed  Relief  therein 
all  which  appearing  by  Testimony  at  this  Board  It  is  the  opinion  of 
the  Council  that  reparation  be  demanded  of  the  Gov'  Commander  or 
Chief  Officer  of  North  Carolina  for  the  abovesaid  Violence  Committed 
in  this  his  Majestys  Colony  of  Virginia  and  Restitution  be  made  of  the 
said  goods  and  the  person  of  the  said  Wm  Bray  with  those  that  assisted 
him  in  the  said  violence  be  forthwith  delivered  to  the  Sheriff  in  princess 
Anne’s  County  to  answer  it  & be  proceeded  against  according  to  law 


460 


COLONIAL  RECORDS. 


AT  A COIJNCTLL  HELD  AT  JAMES  CITY  THE  2d  OF 
MARCH  1695-[6] 

Present 

Mis  Excellency  Sir  Edmund  Andros  Knt  Governor. 

His  Excellency  was  pleased  to  communicate  to  this  Board  a Letter 
from  Thomas  Harvey  Esqr  Deputy  Gov1  of  North  Carolina  that  he  had 
reed  his  Excell"*  Letter  Containing  Mr  Makclanahaws  Complaint  against 
\V“  Bray  Deputy  Marshal  in  Coratuck  within  that  Government  and 
being  altogether  ignorant  of  the  whole  matter  had  Communicated  his 
Excelleys  Letter  to  the  palatines  Court  and  that  order  was  given  for  W“ 
Brays  appearance  with  all  possible  speed  that  being  informed  of  the  whole 
matter  he  might  be  Capable  of  giving  his  Excellcy  a Satisfactory  answer 
the  further  Consideration  of  the  said  matter  is  Reserved  till  an  answer  is 
received  As  that  in  the  mean  time  the  sheriff  of  Nansmond  Norfolk  and 
Princess  Anne  Countvs  be  ea refull  in  Collecting  his  Majestys  Quittrents 
and  other  Publick  Dues  to  ascertain  their  bounds  and  that  they  be  not 
incroaehed  upon  in  their  several  Balywicks,  And  ordered  accordingly 

‘2nd  March  1695-(6) 

His  Excellency  was  pleased  to  communicate  to  this  Board  a letter  from 
Thos  Harvey  Esq.  Deputy  Governor  of  North  Carolina  that  he  had  re- 
ceived his  Excell,  letter  containing  Mr  Macklenahan’s  complaint  against 
William  Bray  Deputy  Marshal  in  Corrotuck  within  that  government 
and  being  altogether  ignorant  of  the  whole  matter  had  communicated 
his  Excellency’s  letter  to  the  Palatines  Court  and  that  order  was  given 
for  William  Bray’s  appearance  with  all  possible  speed  that  being  in- 
formed of  the  whole  matter  he  might  be  capable  of  giving  his  Excel- 
lency a satisfactory  answer  the  further  consideration  of  the  said  matter 
is  deferred  till  an  answer  is  received  and  that  in  the  meantime  the  Sheriffs 
of  Nansamoml,  Norfolke  and  Princess  Anne  Countys  to  be  careful  in 
collecting  his  Maj.  Quit  rents  and  other  public  dues  to  ascertain  their 
bounds  and  that  they  be  not  encroached  upon  in  their  several  Balywicks 
and  Ordered  accordingly. 


COLONIAL  RECORDS. 


461 


[B.  P.  K.  O.  R.  T.  Plantations  General.  Vol.  4.  p.  53.] 


TO  THE  HONbl  THE  COMM"  OF  HIS  MAties  CUSTOMS. 

PROPOSALLS  HUMBLY  OFFERED  FOR  THE  MORE 
EFFECTUAL  PUTTING  IN  EXECUTION 
THE  ACT  FOR  PREVENTING 
FRAUDS  & R EGULATING 
ABUSES  IN  Ye  PLAN- 
TATION TRADES. 

(31  July  1696) 

1.  That  the  Gov"  in  all  the  proprietyes  be  duly  qualified  for  the  dis- 
charge of  their  Trust,  in  relation  to  the  acts  of  Trade;  as  in  the  act  for 
preventing  Frauds  etc:  is  directed 

2.  That  fitt  persons  be  appointed  to  be  the  Gov"  of  Carolina  & Pen- 
silvania  to  prevent  the  illegal  Trade  carried  on  by  Scotchmen  & others 
in  vessel  Is  belonging  to  New  Engd  & Pensil  vania  from  those  Provinces 
to  Scotland,  Carasaw,  & other  unlawful  places. 

3.  That  a Commission  under  the  Great  Seal  of  Engd  (as  formerly)  be 
directed  to  divers  persons  with  power  to  administer  the  Oath  to  the  pres- 
ent Gov"  in  all  the  Plantations,  <fc  also  to  such  who  shall  hereafter  be 
made  Gov”  of  any  of  them  before  their  entring  upon  any  of  their  re- 
spective Goverm*8 

4.  That  there  be  appointed  a Judge,  a Register,  a Marshall  of  the 
Courts  of  Admiralty  & an  Attorney  Gen"  in  all  y®  Colonys  & Provinces 
upon  the  Coast  of  America  to  trye  causes  arising  upon  seizures  & for- 
feitures made  upon  the  Breach  of  y®  several  acts  relating  to  the  Trade  in 
the  plantations  as  in  the  aforesaid  Act  for  preventing  Frauds  etc:  is 
directed 

5.  That  all  such  collectors  & others  who  have  by  ignorance  or  Conni- 
vance encouraged  the  illegal  Trade  in  the  plantations  be  removed,  & hon- 
est & able  officers  be  put  in  their  Rooms  & also  in  places  where  officers 
are  yet  wanting,  for  the  better  putting  the  said  not  in  Execution 

all  which  etc: 


bv  ED:  RANDOLPH. 


COLONIAL  RECORDS. 


462 


[B.  P.  R.  0.  B.  T.  Plantations  General.  Vol.  4.  p.  45.] 


THE  NAMES  OF  PERSONS  TO  RE  THE  JUDGES,  REGIS- 
TERS & MARSHALLS  IN  THE  COURTS  OF  ADMIR- 
ALTY & ALSO  OF  THE  ATTURNEYS  GEN" 

I N TH  E FOLLOW  I N< I COL(  )N  VS  & PROV- 
INCES ON  THE  CONTINENT  OF 
AMERICA.  (July  31st  1696.) 


Virginia  & | Edward  Hill  (of  the  Councill) Judge 

North  Carolina  / Myles  Cary Register 

Michaell  Shewman Marshall 

Edward  Chilton Attorney  Gen" 

* * * * * * 


Mem:  That  the  fees  of  the  officers  in  the  several  1 courts  of  Admiralty 
(now  not  known)  be  ascertained  by  the  Judge  of  the  Court  of  Admiralty 
in  Engd  to  be  approved  of  & allowed  by  the  Gov”  & Councill  in  each 
respective  Govm‘  or  otherwise  as  sliall  be  directed  That  upon  the  absence, 
removal  or  death  of  any  of  the  said  officers,  t the  Gov”  in  those  places  Ik* 
impowered  to  appoint  other  persons  to  officiate  in  their  rooms  and  to  re- 
turn the  names  of  such  persons  to  the  Admiralty  in  England  to  receive 
from  thence  Deputations  accordingly. 

That  there  can  be  no  establishment  of  Courts  of  Admiralty  in  the 
Bahama  Islands,  Carolina  or  in  any  other  of  the  Proprieties  until  there 
be  a regulation  in  the  Gov”  as  is  directed  in  the  act  for  preventing  of 
Frauds  and  regulating  abuses  in  the  Plantation  Trade 
All  which  is  humbly  submitted 

by  ED:  RANDOLPH. 


[B.  P.  R.  O.  B.  T.  Plantations  General.  Vol:  4.  p.  113.] 


TO  THE  RIGHT  HONOble  THE  LORDS  & OTHERS  THE 
COMM”  FOR  TRADE. 


August  25th  1696 

May  it  please  your  Lordships 

Having  in  my  paper  of  proposalls  to  the  Comm"  of  his  MajtlM  Cus- 
toms, for  the  better  putting  in  Execution  the  Act  for  preventing  frauds 
&c:  (a  copy  whereof  I presented  to  your  Lordships)  ottered  (that  there 


COLONIAL  RECORDS. 


463 


be  a Judge  a Register  a Marshall  and  an  Attorney  Generali  apointed  in 
all  the  Colonies  & Provinces  upon  the  Continent  of  America)  I was 
directed  by  their  Hon”  to  nominate  persons  fitt  for  those  Employments. 
And  accordingly  I did  in  another  paper  (now  before  yr  Lordshipps  give 
in  the  names  of  several  such  persons.  Not  but  that  there  were  Attorney 
Generalls  in  divers  of  those  places,  (but  in  regard  (as  I informed  the 
Commissioners)  some  of  them  are  wholly  ignorant  of  the  Laws  & prac- 
tice in  the  Courts  in  England  & others  countenanced  the  illegal  Trade, 
so  that  until  they  were  removed  & persons  understanding  & well 
experienced  in  the  proceedings  at  Law,  be  recomended  to  such  places  it 
could  not  be  expected  that  the  Acts  for  securing  the  Plantation  Trade 
should  be  executed  & observed  1 do  humbly  therefore  lay  before  yor 
Lordships  an  account  of  the  present  Attorney  Gen1'8  in  those  Colonies  & 
Provinces  & my  Reasons,  why  some  of  them  should  be  removed,  A oth- 
ers to  be  apointed  in  their  Roomes. 

* t-  * * * * 

North  Carolina  has  no  Attornev  Generali. 


[B.  P.  R.  O.  Amer:  <?fe  \V . Ind:  No.  601.  | 


TO  THEIR  EXCELLENCES  THE  LORDS  JUSTICES. 
May  it  please  your  Ex°-vs 

In  obedience  to  your  Exoys  Order  of  the  23th  of  July  last  annexed  to 
an  Extract  of  a Presentment  from  the  Com”  of  the  Customes,  Wee 
humbly  represent  to  vour  Excy8  that  in  our  opinion  the  constituting  At- 
turnys  Generali  in  each  respective  Plantation  as  moved  for,  bv  the 
Comm”  of  the  Customes  will  be  conducing  to  the  ends  by  them  pro- 
posed; And  that  therefore  in  order  to  the  putting  of  that  design  in  exe- 
cution, Wee  have  advised  with  Mr  Edward  Randolph  Surveyor  Generali 
ot  his  Majtya  Customes  in  the  Continent  of  America,  and  are  by  him 
informed  that  \\  illiam  Randolph  the  present  Atturney  Generali  in  Vir- 
ginia is  wholly  unacquainted  with  the  Lawes  and  practice  of  the  Courts 
in  England;  that  George  Platter  the  present  Attorney  Generali  in  Main- 
land is  a favourer  of  illegal  Trade,  that  David  Lloyd  the  present  At- 
turny  Generali  in  Pensilvania  has  declared  that  he  served  for  the  Prov- 
ince only  and  thereupon  refused  to  put  severall  forfeited  Bonds  in  suit, 
That  Anthony  Checkly  the  present  Atturny  Generali  of  the  Massachu- 


COLONIAL  RECORD, S. 


n>i 


sets  Bay  is  not  only  ignorant  of  the  Lawes  of  England  but  has  been 
himself  an  illogall  Trader.  For  which  reasons  Wee  are  also  humbly  of 
opinion  that  the  forenamed  Persons  are  not  fit  to  be  his  Maty‘  Attnrnys 
Generali,  however  fitt  they  may  be  judged  by  the  Proprietors  of  any  of 
those  Provinces  for  the  Places  that  they  have  Power  to  dispose  of.  And 
that  it  may  be  expedient  for  his  Maty*  service  that  the  Persons  following 
whom  the  said  Mr  Edward  Randolph  represents  as  duly  qualyfved  may 
be  constituted  His  Matys  Attnrnys  Generali  for  the  respective  Colo- 
nies hereafter  mentioned  viz1  for  Virginia,  Mariland  and  Pensil- 
vania  (as  also  for  North  Carolina  and  West  Jersey  where  there  is 
at  present  no  Atturny  Generali)  Edward  Chilton,  For  the  Massacluisets 
Bay  (as  also  for  Road  Island  and  New  Hampshire,  where  also  there  is 
at  present  none)  Thomas  Newton.  For  New  Yorke,  (as  also  for  East 
Jersey  and  Conecticott  where  also  there  is  at  present  none)  James  Gra- 
ham. These  being  the  only  alterations  of  this  kinde  for  which  wee  have 
anv  Grounds  suggested  to  us.  Wee  omitt  to  mention  those  of  His  Maty* 
Colonies  wherein  there  are  Attnrnys  Generali  already  settled,  and  hum- 
bly submitt  our  opinion  upon  these  to  your  Excy’  consideration 

J.  BRIDGEWATER 
PH.  MEADOWS 
JOHN  POLLEXFEN 
JOHN  LOCKE 
ABR:  HILL. 

Whitehall 

September  the  7th  1 696. 

A true  Copy 

RICH:  COLIXGE. 


[B.  IJ.  K.  O.  B.  T.  Proprieties.  Vol.  25.  p.  6.] 


Mr  RANDOLPH’S  MEMb  ABOUT  ILLEGAL  TRADE  IN  THE 
PLANTATIONS,  MENTIONED  IN  FOREGOING 
PRESENTMENT. 

To  the  Honourable  the  Commissioners  of  his  Majesty’s  Custom — 
May  it  please  vour  Honours 

Your  Honours  were  pleased  in  your  presentment  of  the  17th  of  July 
past  to  the  Right  Honourable  the  Lords  Commri  of  his  Majesty’s  Treas- 


COLONIAL  RECORDS. 


465 


ury  to  represent,  that  it  hath  been  found  bv  experience,  either  through 
the  remissnesse  or  connivance  of  the  Governors  of  the  severall  Colonies 
and  plantations  which  are  under  distinct  proprieties,  The  Acts  of  Trade 
& Navigation,  and  your  Honours  Orders  A Instructions,  in  pursuance 
thereof,  have  not  been  observed  as  in  other  Colonies  and  plantations  which 
are  under  Governors  nominated  A appointed  by  his  Majesties  immediate 
Commission,  and  did  therefore  humbly  move  their  Lordships  that  the  Re- 
spective Governors  of  the  said  proprieties  may  be  persons  of  good  Estate  A 
Reputation,  and  otherwise  duely  qualifyed  for  the  discharge  of  their  truth, 
being  by  a clause  in  the  aforesaid  Act  for  preventing  frauds  and  regulating 
abuses  in  the  Plantation  Trade  to  be  allowed  A approved  by  his  Majesty 
his  heirs  A successors,  and  obliged  to  take  the  oaths  enjoined  by  that,  or 
by  any  other  Act  to  be  taken  by  the  Governors  or  Comanders  in  chief  in 
other  his  Majesties  Colonies  or  Plantations  before  their  entrance  into 
their  respective  Governments  under  the  like  penalties  which  his  Majestvs 
Governors  A Commanders  in  chief  are  by  the  said  acts  lyable  to. 

Notwithstanding  the  owners  of  the  Proprieties  upon  the  Continent  of 
America  and  Islands  adjaceht  take  no  notice  thereof,  but  omitt  to  nomi- 
nate fitt  persons  to  be  allowed  and  approved  by  his  Majesty  in  Councill,  be- 
fore their  entrance  on  their  respective  Governments,  from  whence  it  fol- 
lows that  whilst  the  principles  omitt  their  obligations  at  home,  it  cannot 
be  expected  their  Deputies  will  do  their  Duties  in  the  plantations,  so  that 
altho  (pursuant  to  the  said  Act)  The  Officers  of  the  Customs,  the  Judges 
and  other  officers  in  the  Courts  of  Admiralty,  the  Attorneys  Generali,  A 
the  Commissioners  under  the  Great  Seal  for  Administring  the  oaths  to 
the  respective  Governors  in  the  said  Colonies  and  plantations  are  ap- 
pointed A prepared  ready  for  dispatch  : 

Nevertheless  the  Governors  and  other  publick  Ministers  in  the  Pro- 
prieties are  continued  in  their  offices  A places,  A no  care  taken  to  appoint 
others  in  their  stead,  tho  they  maintain  and  support  the  illegal  Traders 
as  much  as  ever : 

It  cannot  therefore  be  expected  that  the  Frauds  A Abuses  in  the  Plan- 
tation Trade  so  long  practised  & so  often  complained  of  can  be  prevented 
untill  persons  of  good  Estates  and  reputation,  and  otherwise  duly  quali- 
fied the  discharge  of  their  Trust,  be  first  allowed  A approved  by  his 
Majesty  and  to  be  the  Governors  of  those  Proprieties  according  to  the 
said  Act,  otherwise  it  is  to  no  purpose,  nor  will  it  countervaile  the  charge 
to  send  over  officers  and  maintaine  them,  to  put  the  Acts  of  Trade  in 
execution,  in  Virginia  A other  places,  under  his  Majesty’s  immediate 
authority  so  long  as  the  Governors  for  the  Proprietors  take  upon  them  a 
55 


COLONIAL  RECORDS. 


40! 


power  to  dispenee  with  the  open  breach  of  the  Acts  of  Trade,  and 
thereby  keep  their  ports  open  to  Illegal  Traders,  whi  1st  others  are  barred 
up  by  oaths  & strict  penalties,  which  must  needs  occasion  the  draining 
A soon  depopulating  his  Majestys  own  plantations  by  the  people  enjoy- 
ing an  extraordinary  liberty  in  agenerall  Trade  and  constant  benefitt  by 
pirates  and  the  Scotch  Trade  in  the  proprieties  and  private  Charters. 

The  chief  end  of  granting  those  vast  Tracts  of  Land  (now  called  pro- 
prieties) to  noble  men  and  others,  was  doubtless  to  encourage  the  first 
undertakers  to  plant  A improve  them  for  the  benefitt  of  the  Crowne,  & 
to  be  always  subject  & depending  on  England,  A conformable  to  the 
Laws  thereof.  Great  numbers  of  people  are  now  seated  in  some  of 
those  proprieties,  but  have  been  long  endeavouring  to  break  loose  & sett 
up  for  themselves,  having  no  sort  of  regard  to  the  Acts  of  Trade,  and 
discountenancing  appeals  from  their  Courts  to  his  Majesty  in  Council  1. 
The  persons  appointed  hy  the  Proprietors  to  be  their  Governors,  are  gen- 
erally men  of  very  indifferent  qualifications  for  parts  A Estates.  Their 
maintenance  is  inconsiderable,  which  renders  their  Governments  preca- 
rious also.  They  have  power  only  (like  civill  Magistrates  in  petty  Cor- 
porations in  England)  to  make  Municipall  Laws  with  consent  of  the 
people,  for  their  quiet  & peaceable  Government  but  are  indeed  Stewards 
only  & overseers  accountable  and  alwaies  lvable  to  be  turned  out  at  the  plea- 
sure of  those  who  employ  them  ; So  that  it  cannot  be  presumed  that  Gov- 
ernors made  by  the  proprieties  only,  as  such,  are  impowered,  or  in  any 
wise  concerned  to  put  in  execution  the  Acts  of  Trade  in  their  Govern- 
ment, But  on  the  contrary,  I am  humbly  of  opinion  that  twill  be  judged 
a high  misdemeanor  in  any  of  them  to  attempt  it,  untill  they  are  first 
qualifyed,  as  bv  the  said  Act  for  preventing  Frauds  is  directed:  the  pro- 
prietors themselves  have  no  such  power,  nor  can  have  granted  them  by 
their  Patents 

I humbly  lay  before  your  Honours,  an  account  of  the  present  Gov- 
ernors of  proprieties,  A of  their  qualifications,  in  relation  to  the  Acts  of 
T rade. 

Bahama  Islands:  Mr  Nicholas  Trott  is  the  present  Governour;  those 
Islands  have  been  and  still  are  a common  retreat  for  pyrates  and  illegal 
Traders : Cadwallader  Jones  the  late  Governor  under  pretence  of  a power 
to  make  all  officers,  made  one  Boulton  Collect1  of  the  Customs:  he  en- 
tred  and  cleared  vessels  according  as  the  Governor  and  be  pleased.  In 
the  year  1693  Thomas  Carter  Master  of  the  Ship  Bridge  Town  of  Bar- 
bados richly  laden  from  Jamaica  to  London,  run  the  ship  wilfully  aground 
upon  the  Island,  the  Master  A sailors  divided  the  money,  and  the  l>est  of 


COLONIAL  RECORDS. 


467 


her  loading  ; the  Governor  made  his  advantage  by  it,  all  appeals  lye  from 
their  Courts  to  the  Lords  proprietors  in  England. 

Carolina:  Mr  John  Archdale  a Quaker  is  deputed  Govern1,  by  the 
Lords  proprietors  (as  I am  informed)  during  his  son’s  Minority  who  is 
one  of  the  Lords  Proprietors;  the  Cheif  Towne  for  Trade  is  Charles 
Towne,  free  to  all,  from  all  places.  They  Trade  to  Carasaw  from  whence 
the  Manufacture  of  Holland  is  brought  to  Charles  Towne  and  earn  ed 
by  New  England  men,  and  other  illegal  Traders  to  Pensilvania,  Boston 
etc  and  returns  are  made  for  them  in  Plantation  Commodities,  which  are 
earryed  from  Carolina  to  Carasaw,  and  thence  to  Holland,  about  3 years 
ago  70  pyrats  having  run  away  with  a Yessell  from  Jamaica,  came  to 
Charles  Towne  bringing  with  them  a vast  quantity  of  Gold  from  the  Red 
Sea,  they  were  entertained,  and  had  liberty  to  stay  or  goe  to  any  other 
place.  The  Vessel]  was  seized  by  the  Governor  for  the  proprietors  as  a 
Wreck  & sold,  they  have  no  regard  to  the  Acts  of  Trade.  The  present 
Governor  is  a favourer  of  the  illegal  Trade,  having  given  his  permit  to 
the  Master  of  a Forreigne  Vessell  to  trade,  taking  no  notice  of  Mr  Gue- 
rard  appointed  the  Collector  by  your  Honors  Deputation,  as  by  a Copy  of 
the  Governors  Permitt  Noe  appears;  all  appeals  are  likewise  from  the 
Courts  in  this  Province,  to  the  Lords  proprietors  in  England. 

North  Carolina  has  60  or  70  scattered  families,  but  under  no  regular 
government.  One  Jarvis  was  appointed  the  Governr  by  (’oil.  Ludwell 
then  Govern1-  of  all  Carolina,  he  had  no  sallarv.  The  Inlet  of  Carituck 
lies  conveniently  for  carrying  away  the  Tobacco  made  in  the  Southern 
parts  .of  Virginia.  The  Inlet  of  Roanoake  is  frequented  with  small  ves- 
sel Is  trading  to  A from  the  W est  India  Islands.  Pyrats  A runaway  Ser- 
vants resort  to  this  place  from  Virginia  etc. 

Pensilvania  Mr  William  Markham  is  the  present  Governor,  Samuell 
Carpenter,  & John  Goodson  (both  Quakers)  were  joined  in  the  Govern- 
ment with  him  but  they  refused  to  Act. 

The  Acts  of  Trade  (whatever  they  pretend)  are  not  observed  here;  a 
plain  discovery  has  been  made  of  nine  Vessel  Is  loaden  with  Tobacco, 
which  have  from  the  year  1690  to  the  year  1695  gone  directly  from  this 
Province  to  Scotland  (besides  Gustavus  Hamilton  the  Cheif  factor  for 
the  Scotch  Merchants)  who  last  year  carried  out  of  Delaware  300  hogs- 
heads of  Tobacco  without  clearing,  as  also  other  Vessel  Is  from  the  same 
place,  went  with  Tobacco  to  Scotland  as  appears  by  letters  from  your  Honors 
Agent  in  that  Kingdom.  The  Brigantine  William  & Marv  (called  the 
New  Castle  Brigantine)  when  in  August  1694,  she  cleared  out  from  Pen- 
silvania for  England,  William  Righton  Master  A Maurice  Trent  a Scotch- 


COLONIAL  RECORDS. 


468 


man,  an  old  Transgressor  Merchant  (one  of  her  owners  lives  in  London) 
imported  into  Pensilvania  a great  quantity  of  Scotch  goods,  & was  ad- 
mitted to  an  entry  in  the  year  1695,  hv  the  Collector  in  Pensilvania. 
She  was  afterwards  seized  in  West  .Jersey  by  Cap4  Meeeh,  appointed  by 
Coll.  Nicholson  (pursuant  to  her  late  sacred  Majestys  order  in  Counoill 
of  the  9th  of  August  1694.  lie  seized  also  another  Vessell  called  the 
Mill;  Everett  Johnson  Master  from  some  port  in  Norway,  (as  1 am  in- 
formed) loaden  with  wine  & European  goods,  having  no  clearing  from 
any  port  in  England,  the  Master  confessed  himself  to  be  a Dutchman,  as 
appears  by  Capt.  Meeches  Journal,  N°  2,  his  tryall  was  putt  off,  the  Mas- 
ter being  gone  to  New  York,  And  afterwards  suspended  till  further  ord- 
ers from  England.  The  Governor  entertains  several  pirates  from  the 
Red  & South  Seas,  who  carry  on  an  illegal  trade  to  Carasaw,  & other 
prohibited  places.  It  appears  by  a Copy  of  Mr  Markham’s  Letter  to  me 
N°  4.  that  he  has  but  a small  maintenance,  desiring  me  to  make  him  Col- 
lector of  the  Customs  in  Pensilvania  by  which  your  Honors  may  please 
to  take  notice  that  Governors  under  such  necessities  will  be  easily  tempted 
to  doe,  & connive  at  unlawfull  things.  The  Charge  to  maintain  officers 
of  the  Customs  in  that  Province  together  with  a Vessel  1 of  about  40 
Tuns,  & men  sufficient  to  cruise  upon  the  Coast  thereof,  as  by  her  late 
Sacred  Majesties  order  in  Couneill,  Coll1  Xicollson  is  directed  to  provide 
will  amount  to  above  20004;  a year,  to  prevent  the  Illegal  Trade  in  Pen- 
silvania, & the  shipping  of  Tobacco  brought  overland  from  Maryland  to 
Delaware  Bay,  which  notwithstanding  will  be  carryed  on  untill  there  be 
such  a Regulation  in  the  Government  of  that  Province,  as  by  the  said 
Act  for  preventing  frauds  etc  is  enacted. 

Pensilvania  lies  in  the  centre  between  Maryland  and  New  York  most 
commodiously  to  carry  on  all  illegal  Trade,  & that  place  will  soon  be- 
come a Staple  of  all  European  & plantation  Commodities. 

Jerseys.  East  & West  Jersey  Mr  Andrew  Hamilton  a Scotchman  is 
the  Governor  of  those  Provinces  appointed  by  the  Proprietors  to  Lease 
out  their  Lands  & receive  their  Quit  rents.  He  is  a great  favourer  of 
the  Scotch  Traders  his  Countrymen,  & would  not  allow  of  Cap4  Meech’s 
power,  when  he  had  seized  the  Brigantine  William  & Mary  William 
Righton  Master.  The  Governor  sat  Judge  in  Court  The  vessel]  was 
favoured  upon  the  Masters  setting  forth  in  his  petition  that  the  French 
mett  him  at  Sea,  A took  away  his  Cocquets,  she  is  since  gone  to  Barba- 
dos: Patrick  Robinson  a Scotchman  the  Secretary,  and  David  Lloyd  the 
Attorney  Generali  in  Pensilvania  went  to  the  Court  in  West  Jersey  to 
defend  the  vessell  against  the  persecutors  for  his  Majesty. 


COLONIAL  RECORDS. 


469 


Connecticott  in  New  England,  Coll1  Robert  Treat  is  the  present  Gov- 
ernor of  that  Colony,  granted  to  the  Inhabitants  bv  Charter,  to  have  a 
Governor  annually  chosen,  with  power  to  purchase,  and  sell  Lands.  The 
Inhabitants  are  generally  husbandmen  & planters.  The  Governor  per- 
mitted a Vessel  1 from  Holland  under  pretence  of  wanting  wood  and  wa- 
ter to  come  into  New  Haven,  where  she  unlivercd  great  part  of  her  load- 
ing, which  was  carried  to  New  York,  and  having  taken  horses  aboard, 
sailed  with  the  remainder  of  her  goods  to  Barbados.  Thomas  Fisher 
Master  of  the  Brigantine  Adventure  of  London  imported  about  Decem- 
ber 1691  a very  great  Cargoe  of  Scotch  goods  at  New  London  in  that 
Colony,  they  were  seized  by  Mr  Brenton  the  Collector;  he  thought  it  most 
advisable  to  admitt  Gustavus  Hamilton  to  a Composition  (which  he  will- 
ingly agreed  to)  rather  than  submitt  the  Cause  to  a trvall  in  that  Colony. 

Road  Island,  Caleb  Carr  was  late  Governor  of  that  and  Providence 
plantation  granted  by  Charter  also,  tis  become  a free  port  to  illegal  Tra- 
ders and  py rates  from  all  places:  Thomas  Tew  a pvrate  came  thither 
from  the  Read  Sea  in  the  year  1694  and  brought  with  him  100,000  lbs  in 
Gold  and  & Silver,  he  shared  12000"“  for  himself  & his  Sloop;  the 
people  are  enriched  by  them.  'Pis  necessary  that  place  be  taken  care  of 
& putt  under  a regular  Government,  the  present  pretenders  to  govern 
being  either  Quakers  or  Ana.  Baptists. 

Province  of  New  Hampshire,  Mr  William  Partridge  being  nominated 
by  Mr  Samuell  Allen  the  present  Proprietor  is  allowed  by  his  Majesty  <fc 
made  the  Deputy  Governor  of  that  Province. 

Province  of  the  Massachusetts  Bay,  Tho’  his  Majesty  has  the  appoint- 
ing the  Governor  of  that  Province,  yet  the  illegal  Trade  is  carried  on  as 
much  as  ever,  to  Scotland  Holland,  France  etc  for  want  of  a Governor 
to  surpress  that  Trade,  & to  support  and  countenance  the  officers  of  the 
Customs  in  the  Execution  of  their  duties.  Mr  William  Stoughton  is 
the  Lieutenant  Governor,  he  is  a good  Scholar,  but  not  bred  up  to  Mili- 
tary Discipline.  The  Country  lying  open  is  exposed  to  the  fury  of  the 
French,  & Indians  whenever  they  please  to  attack  them.  They  have  in 
their  Laws  hitherto  made  no  provision  for  a Governor’s  maintenance  as 
is  done  in  all  other  his  Majestvs  Governments,  & was  likewise  in  that 
Province  for  their  former  Governors,  on  purpose  to  discourage  men  of 
honor  & abilities  to  live  amongst  them;  but  whatever  it  costs  that  coun- 
trey, and  the  Trade  thereof  ought  to  be  taken  care  of. 

Now  from  what  has  been  herein  humbly  offered,  it  cannot  reasonably 
be  imagined,  that  the  proprietors  Governors  are  persons  qualified  or  fit t 
to  be  entrusted  with  the  conduct  and  execution  of  the  principal!  powers 


470 


COLONIAL  RECORDS. 


reposed  by  those  Acts  only  in  the  Governors  Commanders  in  Chief  in 
the  Plantations  under  his  Majestys  immediate  authority;  so  that  if  the 
proprietors  and  owners  of  those  Lands  refuse  to  conform  to  the  Rules  & 
method  prescribed  them  in  the  said  Act  for  preventing  Frauds  etc;  It’s 
humbly  proposed  that  they  should  be  obliged  to  accept  of  such  Regula- 
tion in  Government,  in  reference  to  Trade,  as  his  Majesty  shall  think 
necessary  to  make,  which  will  in  no  wise  invade  their  just  Rights  & 
Proprieties  in  those  Lands,  nor  hinder  them  from  imploving  their  Agents 
& factors  to  take  care  & dispose  of  their  estates  & to  receive  the  Rents 
tfe  profits  arising  from  them. 

The  Lord  Baltemore  the  proprietor  of  the  Province  of'  Maryland,  Mr 
Samuell  Allen  the  proprietor  of  the  Province  of  New  Hampshire,  A the 
Inhabitants  in  the  province  of  the  Massachusetts  Bay  have  all  their 
Rights  and  properties  entirely  Secured  to  them  in  their  respective  pro- 
prieties. 

They  have  their  agents  and  Attorneys  upon  the  place  to  manage  their 
affairs  with  all  freedom,  tho’  at  the  same  time  the  Governors  of  all  those 
provinces  are  appointed  bv  his  Majesties  immediate  Commission. 

All  which  is  humbly  submitted  by  etc 

El):  RANDOLPH  S:  G— 


November 
the  10th  1696. 


To  the  Kings  most  Excel  1‘  Mat,e  in  Council!. 

The  humble  Petition  of  the  Lords  and  other  the  Proprietors  and 
Agents  of  the  Provinces  of  Carolina,  the  Bahama  Islands,  Pensilvania 
East  and  West  Jersey  and  Conecticott  in  America. 

Sheweth 

That  by  Summons  from  Mr  Attorney  Generali  dated  the  thirteenth  of 
October  last,  your  Pet15  received  intimation  of  an  order  of  Reference  to 
him  from  the  late  Lords  Justices  to  consider  and  report  whether  an  At- 
torney Generali  might  not  be  appointed  for  your  Matie  in  the  said  several! 
Provinces,  notwithstanding  their  Grants  & Charters. 

That  upon  your  Petrs  attending  the  said  Attorney  Generali,  a Paper 
annexed  to  the  said  Order  of  Reference  purporting  a Representation  to 
the  said  Lords  Justices  from  the  Councill  of  Trade  was  read,  wherein  is 
suggested  that  some  Complaints  have  been  made  to  the  Commr8  of  yor 
Maties  Customes  and  to  the  said  Councill  of  Trade  by  one  Edward  Ran- 
dolph, that  divers  Irregularities  have  bin  lately  committed  in  the  said 
Provinces  contrary  to  the  Acts  of  Navigation,  and  to  your  Maties  Preju- 


COLONIAL  RECORDS. 


171 


dice,  and  that  the  Persons  whom  your  Pet”  have  (as  they  are  advised 
they  lawfully  might  doe)  Constituted  Attorneys  Generali  in  the  said 
Provinces  are  unqualified  for  their  several!  Imployments. 

And  forasmuch  as  your  Pet”  have  bin  ahvaies  carefull  to  appoint  Offi- 
cers in  the  said  severall  Provinces  well  affected  to  your  Maties  Government 
and  Interest,  and  qualified  for  their  Offices  and  Imployments,  and  that 
the  said  Representation  is  (as  your  Petrs  conceive)  the  occasion  and  ground 
of  the  said  Reference,  and  that  the  suggestions  in  the  said  Representation 
doe  not  only  affect  the  Persons  therein  named  but  in  Consequence  your 
Pet”  also,  and  for  that  your  Petitioners  till  their  attendance  on  Mr  At- 
torney Generali  had  no  notice  of  the  said  Complaints  and  Representation, 
or  the  Contents  of  it,  and  so  no  opportunity  to  rectifie  or  deare  some  mis- 
informations given  to  your  Matie,s  said  Commissioners  and  Councill  of 
T rade. 

Your  Pet"  therefore  most  humbly  pray  they  may  have  a Coppv  of  the 
said  Representation,  and  that  your  Pet”  may  be  heard,  and  the  truth  and 
reason  of  the  said  Complaints  farther  and  more  clearly  examined  before 
Mr  Attorney  shall  make  Report  in  the  matter  referr’d  to  him. 

And  yor  Pet”  as  in  duty  bound  shall  ever  pray  &c. 

J.  LANE  W”  THORNBURG  ' CRAVEN  Pal1 

J.  WINTHROP  for  Sr  JOHN  COLLETON  Barr1  BATHE 

MICHAEL  WATTS  THO.  AMY  ASHLEY 

W"  PENN  BERKELEY 


[H.  P.  R.  O.  Amer:  and  VV.  Ind:  Plant.  Gen.  No.  601.] 


TO  THE  IP  HON™*  THE  LORDS  COMM”  OE  TRADE  AND 

PLANTATIONS 

The  Lords  Proprietors,  Agents  and  others  of  the  Provinces  of  Caro- 
lina, Bahama  Islands,  Pensilvania,  East  A West  Jersey  and  Conecticott 
in  America: 

Protesting  their  Loyalty  and  duty  to  his  Majestv  and  reserving  the 
benefit  of  being  heard  by  themselves  or  Councill  to  their  Right  and 
power  of  erecting  ( ourts  of  Admiralty  in  the  said  Provinces  doe  offer 

That  there  are  severall  Clauses  in  their  respective  Grants  and  Char- 
ters which  (as  they  are  advised)  import  and  imply  a Grant  of  v*  admi- 
rall  Jurisdiction  and  power  of  erecting  the  said  Courts  and  constituting 
Judges  and  Officers  thereof  in  the  said  Provinces. 


472 


COLONIAL  RECORDS. 


That  the*  reason  why  they  have  not  hitherto  erected  such  Courts  or 
constituted  such  Officers  is  that  all  suits  or  Informations  upon  and 
for  the  breach  of  the  acts  of  navigation  may  as  appeal’s  by  the  said 
acts  and  particulerly  by  the  15th  of  Kng  Cliarls  y®  2d  be  brought 
and  prosecuted  in  the  Common  Law  Courts  and  yl  the  erecting  Courts 
of  admiralty  would  have  occasioned  Sallarves  and  other  great  and  expen- 
sive Charges. 

That  they  apprehended  there  was  no  necessity  of  such  Courts  unless 
for  the  condemnation  of  prises  few  or  none  of  which  have  bin  brought 
into  the  said  Provinces  during  this  Warr  in  order  to  be  there  tried  and 
condemned. 

That  the  said  Proprietors  are  nevertheless  willing  and  ready  to  erect 
such  Courts  and  constitute  such  able  officers  as  shall  be  well  affected  to 
his  Majesty’s  Government,  carefull  of  his  intrest  use  their  uttmost  en- 
deavours to  enforce  an  observance  of  the  said  acts  of  navigation  and 
zealously  prosecute  such  Vessells  and  persons  as  shall  be  guilty  of  the 
breach  of  them. 

All  which  is  humbly  offered  and  submitted 


1697. 


[B.  P.  R.  0.  Amur:  & W.  Ind:  Plant.  Gen.  No.  601.] 


To  the  Kings  most  Excellent  Majesty 

The  Lords  and  others  the  Proprietors  and  Agents  of  the  Provinces  of 
Carolina,  Bohama  Islands,  Pensilvania,  East  and  West  Jersey  and 
Conecticott  in  America, 

Humbly  offer 

That  upon  reading  and  perusall  of  a Copy  of  a Represen- 
tation bearing  date  the  17th  of  December  last  from  the  Counci  11  of  Trade, 
to  your  Majesty,  the  said  Proprietors  understand  the  said  Counci  11  of 
Trade  and  also  vour  Matys  Atturny  Generali  are  of  opinion  that  notwith- 
standing the  severall  Charters  granted  to  the  said  Proprietors,  Your  Ma‘- 
may  appoint  and  erect  Courts  of  Admiralty  in  the  said  Provinces;  And 
that  the  Lords  of  the  Admiralty  did  on  the  19th  of  November  last  repre- 
sent to  your  Maty  that  all  the  Govrs  of  your  Majesty’s  Colonies  and  Plan- 
tations had  Commissions  to  be  vice  admiralls,  or  might  have  them  if  they 
made  application  for  the  same. 


COLONIAL  RECORDS. 


473 


The  said  Proprietors  therefore  most  humbly, pray  that  the  Governors 
of  the  said  severall  Provinces  may  have  Commissions  to  be  Vice  Admi- 
ralls  with  such  powers  relating  to  the  Admiralty  Jurisdiction,  as  the 
Governors  of  your  Matys  other  Plantations  have. 

All  which  is  most  humbly  submitted  Ac. 

DAN.  COXE. 

In  behalf  of  myself  and  the  rest  of  the 
Proprietors. 

Presented  21.  January  1696(-7.) 

(Indorsed) 

Proprietors. 

Petition  of  the  Proprietors 
of  several  Plantations  in  America 
to  his  Maty  praying  that  their  Gov" 
may  be  appointed  Vice  Admiral  Is  in 
their  respective  Governments. 


[B.  P.  R.  O.  B.  T.  Plantations  General.  Vol:  4.  r.  274.] 


A BREIFE  AND  PLAINE  SCIIEAM. 

(February  8th  1696-7.) 

[From  Wm.  Penn.] 

✓ 

How  the  English  Collonies  in  the  North  parts  of  America  viz1  Bos- 
ton, Conetticut,  Road  Island,  New  York,  New  Jerseys,  Pensilvania, 
Maryland,  Virginia  and  Carolina  may  be  made  more  usefull  to  the 
Crowne  and  one  anothers  peace  and  safety  with  an  universall  concurrence. 

1*‘  That  the  severall  Collonies  before  mentioned,  do  meet  once  a year 
and  oftner  if  need  be,  dureing  the  Warr,  and  at  least  once  in  two  yeares 
in  times  of  Peace,  by  their  stated  and  appointed  Deputies,  to  debate  and 
resolve  of  such  measures,  as  are  most  advisable  for  their  better  under- 
standing and  their  publick  Tranquility  and  Safety. 

2dly  That  in  order  to  it  two  persons  well  Qualified  for  Senee  Sobriety 
and  Substance,  be  appointed  bv  each  Province  as  their  Representatives  or 
Deputies,  which  in  the  whole  make  the  Congresse  to  consist  of  Twenty 
persons. 

3dly  That  the  Kings  Com1'  for  that  purpose  specially  appointed  shall 
have  the  Chaire  A preside  in  the  said  Congresse. 

56 


174 


COLONIAL  RECORDS. 


4thly  That  they  shall  meet  as  neere  as  conveniently  may  be,  to  the  most 
centrale  Colony  for  eaze  of  the  Deputies. 

5thly  Since  that  may,  in  all  probability  be  new  Yorke,  both  because  it 
is  neere  the  Center  of  the  Collonys,  and  for  that  it  is  a Frontier  and  in 
the  Kings  nomination,  the  Governor  of  that  Colony  may  therefore  also 
be  the  Kings  high  Comr  during  the  Session,  after  the  manner  of  Scot- 
land. 

6thly  That  their  Business  shall  be  to  hear  and  adjust  all  matters  of 
Complaint  or  difference  between  Province  and  Province,  as  lBt  where  per- 
sons quit  their  own  Province  and  go  to  another,  that  they  may  avoid 
their  just  debts  tho  able  to  pay  them  2dly  where  offenders  fly  justice,  or 
justice  cannot  well  be  had  upon  such  offenders  in  the  Provinces  that  en- 
tertaine  them,  3rdly  to  prevent  or  cure  Injuries  in  point  of  commerce. 
4thly  To  consider  of  wayes  and  meanes  to  support  the  union  and  safety  of 
those  Provinces  against  the  publick  Enemies,  in  the  Congress  the  Quotas 
of  Men  and  charges  will  be  much  easier  and  more  equally  sett,  then  it  is 
possible  for  any  Establishment  made  here  to  do,  for  the  Provinces  hav- 
ing their  own  Condition  and  one  another,  can  debate  that  matter  with 
more  freedom  and  satisfacon,  and  better  adjust  and  ballance  their  affaires 
in  all  respects  for  their  common  safety. 

7thly  That  in  times  of  Warr  the  Kings  high  Com'  shall  be  Gen11  or 
Cheife  Comander  of  those  severall  Quota’s  upon  service  against  the 
Cornon  Enemy,  as  he  shall  be  advised  for  the  good  and  benefit  of  the 
whole. 


[B.  P.  R.  O.  B.  T.  Proprieties.  No:  25.  p.  39.] 

LETTER  OF  THE  COUNCI  LL  OF  TRADE  TO  THE  LORDS 
PROPRIETORS  OF  CAROLINA. 

Febry  9tb  1696-7 

To  the  Right  Honourable  the  Lords  Proprietors  of  his  Majesties  Pro- 
vince of.  Carolina  in  America. 

My  Lords 

H is  Majesty  having  been  informed  by  complaints  from  severall  hands 
of  the  undue  methods  practiced  in  some  of  his  Colonies  for  seducing  the 
Inhabitants  from  others,  and  being  sensible  how  much  that  practice  is 
contrary  to  the  Common  Interest  of  the  whole  has  commanded  us  to 
write  to  the  severall  Governors  or  Governments  of  each  Colony  that  they 
take  care  that  effectual  Laws  be  made  in  each  of  their  respective  Govern- 


COLONIAL  RECORDS. 


470 


meats  agai  nst  the  receiving  and  harbouri ng  not  only  of  Deserters,  but  also  of 
such  Fugitives  as  leave  any  of  his  Plantations  contrary  to  the  Laws  pro- 
vided for  that  purpose  in  each  plantation  respectively;  Which  therefore 
we  accordingly  recommend  to  your  observation  for  the  Province  of  Caro- 
lina. 

And  whereas  his  Majesty  has  also  received  complaints  that  the  enter- 
tainment given  to  Pvrates  in  some  of  his  Colonies,  and  more  particularly 
in  those  under  distinct  proprieties,  had  occasioned  many  ill  minded  per- 
sons, seamen  and  others  to  desert  their  habitations,  and  apply  themselves 
to  such  wicked  and  destructive  courses  to  the  great  weakening  and  dis- 
peopling of  the  Colonies  so  abandoned  by  them,  and  to  the  great  dis- 
honour of  the  English  nation,  whereupon  he  has  also  required  us  to  write 
to  the  severall  Proprietors  and  Governors  of  all  his  Plantations,  that  due 
care  be  taken  for  the  future  that  no  Pvrates  or  Sea  Robbers  be  any  where 
sheltered  or  entertained  under  the  severest  penalties;  We  are  obliged  in 
giving  you  this  notice  to  recommend  it  so  much  the  more  particularly  to 
your  care,  by  reason  that  upon  occasion  of  the  late  Trvalls  of  some  of 
Every’s  Crew  here  severall  informations  have  been  transmitted  to  us 
wherein  mention  is  made  of  Carolina  as  too  ordinary  a Receptacle  of 
Pyrats.  Some  of  the  expressions  in  those  papers  are  as  follows, 

Want  a Pyrate  about  three  years  ago,  after  a good  voyage  broke  up  in 
Carolina,  and  spent  part  of  his  money  there.  Want  now  is  lifted  out  from 
Carolina.  Pirate*  are  kindly  entertained  in  Carolina;  ('apt  Risby  and 
others  of  Every’s  Crew  went  to  Carolina.  These  things  we  sav  oblige  us 
the  more  to  require  of  you  that  an  extraordinary  care  be  henceforwards 
taken  in  that  province  by  a constant  discouragement  to  the  Rise  and  pro- 
gresse  of  such  undertakings  so  as  either  to  wipe  off  these,  or  at  least  pre- 
vent the  like  reflections  for  the  future,  and  particularly  that  those  of 
Every’s  Crew  who  retired  thither  may  be  found  out,  and  both  they  and 
any  others  that  shall  be  discovered,  be  punished  according  to  the  utmost 
severity  of  the  law : of  which  we  expect  a particular  account,  and  arc 
Your  very  affectionate  friends 

J.  BRIDGEWATER 
Ph : MEADOWS 
W"  BLATHWAYTE 
JN°  POLLEN  FEN 


ABR:  HILL. 

Whitehall 

February  the  9th  1(59(5-7. 


COLONIAL  RECORDS. 


176 


[B.  P.  R O.  C'oi. : Kxt:  Book.  No.  20.  p.  219.] 


London  A prill  1697. 

Memorandum. 

After  the  death  of  the  Ivi*rlit  Honourable  \Vm  Earle  of  Craven  Pala- 
tine of  Carolina  which  was  in  Aprill  1697  the  Right  Honourable  John 
Earle  of  Bathe  succeeded  him  after  which  time  the  Lords  Proprietors  of 
Carolina  had  their  meetings  at  his  Lordships  house  at  Sl  James. 


[R.  P.  R.  O.  Amf.r.  and  W.  Ind:  Plant.  Gen.  No.  601.] 


Sir, 

The  Lords  Commissioners  of  his  Matvs  Treasury  having  transmitted 
to  the  Comm”  of  his  Majesty’s  Customes  the  forme  of  the  Bond  prepared 
by  the  Attorney  Generali  for  the  security  to  be  taken  from  the  Proprie- 
tors of  Plantations  for  their  respective  Deputy  Governors  pursuant  to  an 
Address  presented  to  his  Majesty  by  the  Lords  Spirituall  and  Temporall 
in  Parliament;  who  have  reported  that  they  are  of  opinion,  That  the 
Penalty  to  be  inserted  therein  ought  not  to  be  less  than  Two  thousand 
pounds  nor  to  exceed  five  thousand  pounds  with  reguard  to  the  Impor- 
tance of  the  Trade  in  the  respective  Proprieties.  My  Lords  agree  with 
the  said  Report,  and  have  commanded  me  to  send  the  same  to  you  in 
order  to  be  laid  before  the  Lords  Comm”  for  Trade. 

I am 
Sir 

Your  most  humble  Servant 

Wm  LOWNDES. 

Treasury  Chambers 
May  5th  169?? 

To  William  Popple  Esq”  * 


[B.  P.  R.  O.  Amer:  and  VV.  Ind:  Plant.  Gen.  No.  601.] 


Sr 

I have  layd  your  Letter  before  the  Lords  Proprietors  of  Carolina,  and 
the  Bahama  Islands,  with  the  inclosed  Letters  from  his  Majesty. 


COLONIAL  RECORDS. 


477 


Their  Lords5*  are  very  ready  to  pay  all  dutifull  observance  to  his 
Majesty’s  commands,  and  as  they  have  always  hitherto  made  it  one  of 
their  Instructions  to  their  Governours,  to  take  care  to  put  the  severall 
Acts  of  Parliament  in  Execution,  that  concerne  the  Plantation  Trade 
and  Navigation  they  shall  now  enforce  it,  as  his  Majesty’s  particuler 
Command. 

As  to  the  Bond,  their  Lords1*3  are  of  opinion,  that  since  the  late  Act  of 
Parliament  has  placed  the  Aprobacon  of  their  Governours  in  his  Majesty, 
it  cannot  be  expected  they  should  give  security  for  the  Behaviour  of  such 
persons,  as  are  so  constituted  it  being  not  required  by  any  Act  of  Parlia- 
ment that  they  know  of.  I am 

Sir 

Your  Humble  Servant 

Wm  THORNBURGH. 

May  20°'  1697. 


[B.  P.  R.  ().  B.  T.  J.  p.  166.] 


Whitehall  July  the  21st  1697 

sjc 

The  Com  miss"  for  Transportation  attending  to  know  what  resolution 
was  taken  by  this  Board  about  the  fifty  Convict  Women  now  in  New- 
gate mentioned  in  Mr  Vernon’s  letter  of  the  1st  of  this  month  were  ac- 
quainted that  some  Answers  were  yet  expected  from  the  Agents  of  some 
Colonies  who  had  been  writ  to  upon  that  subject  but  that  they  should  be 
again  called  for  and  a speedy  resolution  taken  therein,  But  soon  after  a 
letter  from  the  Agents  of  Barbadoes  being  brought  to  the  Board,  that 
and  all  the  others  relating  to  that  subject  which  have  been  received  during 
some  days  last  past  were  laid  before  their  Lordships  and  read,  viz:  from 
the  Agents  or  Merchants  of  Barbadoes  Jamaica  the  Leeward  Islands 
Virginia  and  Maryland  New  England  and  Carolina  And  none  of  the 
said  letters  giving  any  proper  encouragement  for  the  sending  any  of 
those  Women  to  any  of  those  Plantations,  except  only  to  the  Leeward 
Islands  And  their  Lordships  remembering  that  the  agents  of  New  York 
have  likewise  verbally  declared  their  opinion  that  it  would  not  be  fit  to 
send  them  to  that  Province,  They  thereupon  ordered  a Representation 
to  be  drawn  to  lay  before  the  Lords  Justices  their  opinion  for  sending 
them  to  the  Ijeeward  Islands  according  to  the  tenure  of  the  foremen- 
tioned  letter  of  the  Agents  of  those  Islands. 


478 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Nokth  Carolina.  B.  T.  Vol.  4.  p.  40.] 


London  Dec*1  y®  22°  1697 

Gentlemen 

We  have  now  sent  y®  Copy  of  our  last  ami  having  not  since  had  any 
from  you,  have  nothing  to  add,  but  that  we  have  now  sent  you  y®  Exempli- 
cation  of  our  Charter  under  ye  Create  Seale  of  England  woh  wee  hope 
will  bee  sufficient  to  assert  our  Bounds  wth  the  Governor  of  Virginia 
Wee  have  also  sent  von  by  his  Majestys  Comand  y®  proclamation  for 
a peace  with  France  and  likewise  y*  Articles  of  y®  same  y®  former  you 
are  to  publish  in  due  maner  and  v®  latter  strictly  to  observe. 

Wee  are 

Gent1  Your  very  affectionate  friends 
BATHE  Palatine 
ASHLEY. 

BATHE  for  y®  LORD  CARTERET 
THO: AMY 

To  Tho : Harvey  Deputy  Gov- 
ernour  and  to  our  Deputys 
& Councell  of  North  Caro- 
lina 


[Records  op  Perquimans  Precinct  CouRT.j 


AT  A COURT  HOULDEN  FOR  THIS  FCINCT  AT  Y®  HOLTS 
OF  THOMAS  NICHOLS  THE  SECONT  MONDAY 
IN  JANERUARY  1696-7 

prsent  Mr  Caleb  Calleway 
Cap1  Ralph  ffletcher 
Mr  John  Godfry  Mr  John  Barrow 

Mr  Samuel  Nicholson 

James  Oats  vars  Thomas  Nichols 

In  a plea  of  y®  sd  Nichols  not  appearing  y®  Shrefe  confessed  Judgm* 
ordered  that  John  Stepney  pay  to  James  Oats  three  pound  three  Shillings 
ajid  fower  peence  with  cost. 

Upon  A petition  of  Alexsander  Lillington  Shewen  that  John  Tweger 
Is  Indepted  to  him  two  pound  foorten  shillings  And  He  Haven  obtained 
Attachment  Against  v®  Estate  of  y®  Sd  Tweger  And  no  Repreve  Apear- 


COLON IAL  R ECOR I >S. 


479 


ing  ordered  that  y®  Marshall  Make  Sale  of  y®  estate  Apraised  According 
to  Law  for  ye  defray  m‘  of  of  this  debt  With  Cost. 

Samuel  Pricklofe  prove  A bill  of  Thomas  Hasel  And  Thomas  White 
for  five  pound  in  pork  ordered  that  Thomas  Duren  Exceter  to  y®  Sd 
Hassel  pay  y®  Sd  Pricklofe  five  pound  in  pork  with  Cost 

ffrancis  Segrave  proved  five  Rits  for  five  ~$sons  transported  into  this 
county  Wlioes  Names  are  under  Wretten  viz  himselfe  Lucretia  his  Wife 
Thomas  his  Sonn  ffrancis  his  Soon  William  Powel. 

John  Dunstou  proved  three  Rits  whoes  names  are  under  Wreten  viz 
himselfe  ffrancis  his  Wife  Sarah  Moore 

Dianah  White  petition  y®  Court  Shewen  that  Thomas  Hossel  is  In- 
debted to  hi r one  pound  Seven  Shillings  And  Shee  proved  hir  Account 
ordered  that  Thomas  Duren  Exceter  of  y®  Sd  Hosel  pay  to  y®  Sd  White 
one  pound  Seven  Shillings 

Sarah  Johnson  vars  Edward  Homes  in  a plea Court 

Referd  it  to  y®  Jure  y'  Jure  On  their  othes  sav  thav  find  for  y®  plaintef 
Seven  hundred  pound  of  tobaco  And  Caske  ordered  that  Edward  Homes 
pay  to  Sarah  Johnson  Seven  hundred  pound  of  tobaco  & Cask  with 
Cost. 

Thomas  Speight  proved  tenn  Rits  Whoes  Names  ar  under  Wretten 
viz  himselfe  Richard  Mallone  Nich  Perm  John  Morres  Elizabeth  Moi- 
res John  Morres  Juner  William  Morres  Mare  Morres  Nathaniel  Rave 
Pone  a Negro 

Charles  Scot  Proved  fower  Writs  for  fower  %Lons  transported  into 
this  County  Whoes  Names  are  under  Wretton  viz  himselfe  Mary  Scoot 
Elizabeth  Scot  Charles  Scot  on  for  his  Servetue 

Denis  Meclenden  proved  aleven  Rits  Whoes  Names  are  under  Wret- 
ten viz  himselfe  Charles  Cafen  Mary  his  Wife  Margret  Dun  Dennes  Dim 
Rebecka  Carpender  Elisabeth  Mackclenden  Brient  Mackclenden  Dennes 
Mackclenden  ffrancis  Mackclenden  Thomas  Mackclenden 

John  Oden  proved  Six  Rits  for  Six  ^sons  Whos  Names  are  under 
Wretten  vis  Himselfe  Ann  his  wife  Ann  his  Daughter  Jan  his  Daughter 
Marv  his  daughter  Rachel  his  Daughter. 

Abraham  Williams  proved  fower  Rits  whoes  Names  are  under  Wret- 
ten vis  himselfe  Anne  his  Wife  Edward  Williams  John  Williams. 

Thirlo  ffee  vars  Peter  Jones  In  a plea  of  v*  Case  y®  Sd  Thirlo  ffee  not 
Apearing  ordered  that  he  be  Nonsuted  And  pay  Cost 

John  Hopkins  vars  John  Lewes  v®  Sd  Lewes  Not  Apearing  Ordered 
that  y®  Sd  Lewes  pay  to  John  Hopkins  two  pound  Nineten  Shillings  & 
three  peence  in  Country  pay  And  twenty  three  bushels  of  Indian  Corn 
with  Cost  als  Exec. 


480 


COLONIAL  RECORDS. 


Upon  A peticon  of  John  Watts  Shewen  ....  Grifen  is  Indepted  to 
Him  eigh  pound  thirteen  Shillings  And  he  haven  obtained  Atachment 
Against  his  Estate  one  third  part  of  A Curnen  being  Atached  ordered 
that  y®  Marshall  make  Sale  of  y*  third  part  A p rased  Acorden  to  Law 
And  pay  to  y°  Sd  Watts  eigh  pound  thirteen  Shillings  with  Cost  Mr 
Caleb  Calleway  Alex  Lilli ngton  George  Ames  being  Opinted  Apraisers. 

The  Court  Rejornd  till  to  Moro  Mornen  eight  ado 

John  Hawkins  aeknowledg  A ded  of  Sale  for  three  Handed  Acres  of 
Land  to  Mr  John  God  fry. 

Steven  Manwaren  Aeknowledg  A ded  of  Sale  for  two  Hundred  Acres 
of  Land  to  James  Pareshen. 

James  Pareshen  Aeknowledg  a ded  of  Sale  for  two  Handed  and  fifty 
Acres  of  Land  to  Stephen  Manwaren. 

Collom  fflyn  Proved  A Letter  of  Aturnney  of  Jonathin  Jonses  by  y* 
oths  of  James  Parishen  Esekell  Mawdle 

Collom  fflyn  Aeknowledg  A bill  of  Sale  to  Stephen  Manwaren  As 
Aturnney  to  Jonathan'  Jones. 

ffrancis  ffoster  proved  Six  Kits  Whose  Names  are  under  Wretten 
William  fibster  John  fibster  Elisabeth  fibster  firaneis  fibster  Jeane  Swet- 
man  a Negro  Hanna  . 

Christefer  Butler  vars  Stephen  Manwaren  in  a plea  of  dept  ye  sd  Man- 
waren Haven  No  deelaracon  ordered  that  ye  sd  Butler  be  nonsuted  and 
pay  Cost. 

Upon  a Ptieon  of  John  Stepney  shewen  that  Thomas  Nichols  is  in- 
debted to  him  five  pound  eigh  Shilling  & fewer  peenee  he  haven  obtained 
Atachment  Against  his  Estate  And  Several  1 goods  With  y®  book  of  ae- 
counts  Atached  ordered  that  y®  Marshall  Make  Sale  of  y®  goods  Apraised 
acorden  to  Law  And  pay  to  John  Stepney  his  Just  dept  of  five  pound 
eigh  Shillings  & fower  peenee  with  Cost  of  Sute. 

Upon  a peticon  of  Mager  Samuel  Swann  Shewen  that  Thomas  Nichols 

is  Indepted  to  him  one  Hundred eighty  pound  of  poork  And  he 

haven  obteined  against  y®  Estate  of  Thomas  Nichols  And  Severall  good 
atached  With  y®  books  of  accounts  ordered  that  y®  Marshall  make  Saile  of 
y®  estate  apraised  acorden  to  Law  And  pay  to  Mager  Samuel  Swann  his 
dept  of  one  hundred  & eighty  pound  of  poork  With  Cost. 

Upone  the  petitione  of  James  Frigatt  by  an  attachment  Against  the 
Estate  of  Thomas  Miehoals  for  four  pounds  Four  Shillings  and  three 
pence  ordered  the  said  Frigatt  be  paid  out  of  the  said  Nicolls  Estate 
Four  pounds  four  shillings  and  three  pence  with  Cost  of  Sute  Alias 
Executiune. 


COLONIAL  RECORDS. 


181 


Upon  A peticon  of  y®  HonrbI  Thomas  Harve  Esq  And  I)ebty  Gove- 
ner  Shewen  that  Thomas  Nichols  is  Indepted  to  him  Nine  pound 
two  Shillings  in  poork  And  he  haven  obtained  Attachment  Against  ye 
estate  of  ye  sd  Nichols  And  y®  book  of  Accounts  being  atach  ordered  that 
Nine  pound  two  Shillings  & one  peny  halfe  peny  with  Cost  of  Sute  be 
paid  to  y®  HonbIe  Tho:  Har. 

Upon  A peticon  of  ffrancis  Tomes  Esq  Shewen  that  Thomas  Nicholes 
is  Indepted  to  him  one  pound  fifteen  Shillings  And  eigh  peence  And  he 
haven  obtained  Atachment  Against  y®  estate  of  y®  sd  Nickols  And  y®  book 
of  Accounts  being  Attached  ordered  That  one  pound  fifteen  shilling  And 
eigh  peence  With  Cost  of  Sute  be  paid  to  ffrancis  Tomes  Esq 
John  Hopkins  vars  John  Piearce 

In  A plea  of  dept  y®  defendant  confessed  Judgment  ordered  that  John 
Piearce  pay  to  John  Hopkins  three  pound  aleven  Shillings  And  Six 
peence  With  Cost  Ales  Exce 
Isaak  Roaden  vars  John  Piearce 

In  a plea  of  dept  v®  plaintef  Not  Apearing  ordered  that  Isaak  Roden 
be  Nonsuted  And  pay  Cost  Ales  Excecution. 

John  Lilly  vars  Stephen  Manwaren 

In  a plea  of  dept  y®  declaracon  being  Not  Signed  ordered  that  John 
Lilly  be  Nonsuted  And  pay  Cost. 

Upon  A peticon  of  Thomas  Peirce  Shewen  that  Thomas  Nichols  is 
Indepted  to  him  two  pounds  fower  Shillings  A fower  peence  And  he 
haven  obtained  Attachment  Against  y®  Estate  of  y®  Said  Thomas  Nich- 
ols And  y®  books  of  Accounts  Attached  ordered  that  Thomas  Peirce  be 
paid  two  pound  ffower  Shillings  A fower  peence  with  Cost  of  Sute. 

Upon  A peticon  of  Charles  Crommelen  Shewen  That  Thomas  Nichols 
is  Indepted  to  him  Seven  pound  Nine  Shillings  And  aleven  peence  And 
he  haven  obtained  Attachment  against  v®  Estate  of  v*  Said  Thomas 
Nichols  And  v®  books  of  Accounts  being  atached  ordered  that  Charles 
Cromelen  be  paid  Seven  pound  Nine  Shillings  & aleven  peence  with 
Cost  of  Sute. 

Upon  A peticon  of  Boas  Kell  Shewen  That  Thomas  Nichols  is  In- 
depted to  him  teen  pound  eigh  Shilling  And  teen  peence  And  y®  books 
of  Accounts  being  Atached  ordered  that  Boas  Bell  be  paid  his  Just  dept 
of  teen  pound  Eigh  Shillings  And  teen  peence  With  Cost 

Upon  A peticon  of  Ralph  flleteher  .Inner  Shewen  that  Thomas  Nich- 
ols is  indepted  to  him  five  pound  for  y®  youse  of  his  ffather  And  he 
haven  obtained  Atachment  Against  y®  estate  of  y®  Said  Nichols  A y® 
57 


182 


COLONIAL  RECORDS. 


books  of  Accounts  being  atachcd  ordered  that  Ralph  ffletcher  .Inner  be 
paid  five  pound  With  Cost 

Upon  A peticon  of  Richard  Appowen  Shewen  y*  Thomas  Nichols  is 
Indepted  to  him  aleven  pound  eigh  Shillings  and  he  haven  obtained 
Ataolnnent  Against  ye  Estate  of  y®  Said  Thomas  Nichols  And  y®  books 
being  Atached  ordered  That  Richard  Appowen  be  paid  Aleven  pound 
eigh  Shilling  With  Cost  of  Sute. 

Upon  A peticon  of  Majer  Alex  Lillington  Shewen  that  Thomas  Nichols 
is  Indepted  to  him  fifteen  pound  one  Shilling  & three  peenee  And  he 
haven  obtained  Ataehment  Against  v®  estate  of  y®  Said  Thomas  Nichols 
And  y®  books  of  Accounts  being  Atached  ordered  that  Majer  Alex  Lil- 
lington be  paid  fifteen  pound  one  Shilling  & three  peenee  With  Cost  of 
Sute  the  Cour  is  Ajurn  till  to  morro  Eigh  of  y®  Cloe 

Joseph  Comander  Iturnney  to  Hennery  Silver  of  ould  Ingland  Mar- 
rener  vars  Jacob  Peterson  upon  his  Assumption  in  a plea  of  y®  Case  y® 
Coifi  t ref’erd  to  y®  Jure  and  he  y®  Said  Comander  haven  no  Letter  of 
Aturney  y®  Jury  on  tliare  oath  Say  they  find  noe  Caus  of  Action  ordered 
that  .Joseph  Comander  pay  Cost  Ales  Excycution 

Upon  a peticon  of  Peter  Jones  Shewen  that  he  hath  paid  nine  shill- 
ing for  y®  yous  of  Thomas  Noreom  to  Thomas  Nichols  ordered  that 
Thomas  Noreom  account  be  discharged 

Nicholas  Simmons  vars  George  Mathes  in  a plea  of  dept  y®  Said 
Matl  les  Not  apearing  y®  Marshall  craved  a rcfference  ordered  that  he  may 
Have  A refference. 

Upon  A peticon  of  George  fferdice  Shewen  that  he  hath  A tended  y* 
Court  fower  dayes  two  in  going  and  Coining. 

Ordered  that  Nicholas  Simmons  pay  to  George  ffirdise  Eigh  Shillings 
And  fower  peenee. 

Upon  A peticon  of  J.  Peirce  Shewen  that  Thomas  Nichols  Is  Indepted 
to  Him  two  pound  Sixteen  Shillings  And  he  Haven  obtained  Attachment 
Against  y®  Estat  of  Thomas  Nichols  And  y®  books  of  accounts  being 
attached  ordered  that  John  Peirce  be  paid  two  pound  Sixteen  Shillings 
With  Cost. 

Upon  A peticon  of  Joseph  Smith  Sheweth  that  Charles  Mackdanel  is 
Indepted  to  him  fower  pound  fower  shilling  and  teen  peenee  And  he 
haven  obtained  Attachment  against  y®  Estate  of  y®  Sd  Mackdanel  And 
v®  plantation  And  House  being  Atached  ordered  that  Joseph  Smith  be 
paid  his  dept  of  fower  pound  fower  Shillings  With  Cost  of  Sute 

Upon  a peticon  of  John  Pirkens  shewen  that  he  Maid  a Crop  With 
y®  Said  Nichols  And  he  was  to  Have  a third  part  of  evere  thing  that 


COLONIAL  RECORDS. 


IS.°, 


Was  Maid  by  ye  Crop  ordered  that  John  Pirkens  have  A third  paid  of 
y®  to  backco. 

Upon  A petition  of  John  Lilly  Shewen  that  Charles  Maokdanel  is 
Indepted  to  him  Seven  pound  Nine  Shillings  And  tower  peenee  And  he 
haven  obtained  Attachment  Against  y®  Estate  of  Charles  Mackdanel  and 
y®  Plantation  and  lions  being  Attached  ordered  that  John  Lilly  be  paid 
his  dept  of  Seven  pound  Nine  Shillings  And  fower  peenee  W ith  Cost. 

Upon  a petition  of  John  Stepney  Shewen  that  Charles  Mackdanel  is 
Indepted  to  him  one  pound  three  Shillings  and  ffower  peenee  and  he 
haven  otained  attachment  Against  y®  Estate  of  ( lharles  Mackdanel  And 
y®  Cattel  and  Hoggs  being  Ataehed  ordered  that  John  Stepnev  be  paid 
his  Just  dept  of  one  pound  three  Shilling  and  ffower  peenee  With  Cost 
of  Sute 

Upon  a petition  of  Robart  Beasley  Shewen  that  Charles  Mackdanel  is 
Indepted  to  Him  Seven  pound  and  five  peenee  And  he  Haven  obtained 
ataehment  against  y®  estate  of  Charles  Mackdanel  and  y*  Cattel  and  1 loggs 
being  ataehed  ordered  that  Robart  Beasley  Seven  pound  and  five  peenee 
With  Cost  of  Sute. 

John  Lilly  vars  Thomas  Houghton 

In  a plea  of  dept  thare  being  a fait  in  y®  declaration  order  that  John 
Lilly  be  Nonsuted  and  pay  Cost. 

Upon  a peticon  of  Christefer  Butler  Shewen  that  Charles  Mackdan  is 
indepted  to  him  seven  pound  eighteen  Shillings  and  he  Haven  obtained 
atach  against  y®  Estat  of  y®  Said  Charles  Mackdanel  and  y®  Cattel  and 
Hoggs  being  ataehed  ordered  that  Christefer  Butler  be  paid  his  dept  of 
Seven  pound  eighteen  Shillings  With  Cost. 

John  Hopkins  vars  George  Mathes 

In  a plea  of  y®  Case  y®  sd  Mathese  not  apearing  y®  Marshall  craved  a 
reference  ordered  that  It  be  referd. 

Upon  a peticon  of  Mr  Caleb  Callewav  Shewen  that  Thomas  Nichols 
is  indepted  to  him  thirty  one  Shillings  and  five  peenee  and  he  Haven  ob- 
tained ataehment  against  y®  estate  of  Thomas  Nichols  and  y®  books  of 
aceoun  being  ataehed  ordered  that  Caleb  Callewav  be  paid  his  dept  of 
thirty  on  Shillings  & five  peenee  With  Cost 

Upon  a peticon  of  William  Lacy  Shewen  that  he  was  bound  for  Charles 
Mackdanel  in  a bond  of  teen  pound  for  his  appearance  at  this  Court  and 
lie  haven  departed  this  County  ordered  that  he  be  paid  What  lie  shall 
make  apeare  to  be  damnefied  Witli  Cost  he  Haven  obtained  ataehment 
against  y®  estate  of  y®  sd  Mackdanel 


184 


COLONIAL  RECORDS. 


Upon  a peticon  of  Joseph  Web  Shewen  That  Thomas  Nichols  Is  In- 
depted  to  him  two  pound  Eighteen  Shilling  and  he  haven  obtained 
atachment  against  y®  Estate  of  Thomas  Nichols  and  y®  books  of  acounts 
being  atached  Ordered  that  Joseph  Web  be  paid  his  dept  of  two  pound 
Eighteen  Shilling  With  Cost. 

Upon  a peticon  of  Albart  Albartson  Sener  That  Thomas  Nichols  is 
indepted  to  him  five  pound  fower  Shillings  and  Six  peence  and  he  haven 
obtained  atachment  against  v®  estate  of  Thomas  Nichols  and  y®  book  of 
accounts  being  atached  ordered  that  Albart  Albertson  be  paid  his  dept  of 
five  pound  fower  Shillings  and  five  peence  With  Cost  of  Sute 

CALEB  CALLAWAY 
RALPH  EE LETCII ER 
JOHN  GODFREY 
SAMUEL  NICKOLSON 


March  The  19  Anno  1696-7  James  ffugeett  Recorded  his  Mark  being 
a Crop  And  A Hole  In  y®  Right  Eare  and  In  y®  Left  a crop  and  a Slet 
in  y®  Crop  and  in  y®  Same  Eare  an  under  Keel  and  an  over  Keele. 

Know  All  Men  bv  these  p'scnts  that  I Jonathan  Jones  of  pascotank 
have  & hereby  doe  order  & Apoynt  My  Trusty  & Well  beloved  freind 
Coll umb  fflyn  for  to  appeare  At  Any  Court  here,  After  held  ftbr  y®  prsink 
of  pequimons  to  Acknowledge  y®  Saile  of  A Certine  track  of  Land  & 


Plantation  that  by  Patti ne  fformerly  belong  unto  Charles  Mackdanill  & 
Since  Sould  by  the  Sd  Charles  to  Stephen  Manwaring  & by  Me  pur- 
chased ffrom  the  Sd  Manwaring  & Since  by  Mee  Sould  unto  y®  Sd  Ste- 
phen  Manwaren  Agine  & for  your  Soe  doeing  this  Shall  bee  to  you  A 
Soficient  Warrent  As  Witness  My  Hand  & Seale  October  y®  14  1696 


y®  mark  of 

Test  James  P.  Peresho 
Nicholas  + Johnson 
his  mark 
ye  mark  of 
Esekel  + Moyle 


Jonathan  Jones  + 

Proven  in  Court  y®  13th  day  of 

Janewary  1696-7 

Test  ^ John  Stepney  Cler 


Recorded  March  26th  Anno  1697  John  Stepney  Cler 


Albemarle  Know  All  Men  by  these  presents  that  I Thomas  Lepper 
doe  hereby  Constitute  And  Appoint  My  trusty  freind  Mr  Caleb  Calleway 
Mv  true  And  Lawful  Attorney  for  Me  And  In  My  Name  to  Appeare 
At  ye  Court  of  y®  pYinct  of  Pequimons  And  thare  acknowledgment  to 
Make  of  a Certaine  deed  of  Sale  Made  from  me  y®  Sd  Thomas  Lepper 
unto  Thomas  Long  of  A Certaine  plantacon  & Land  Situate  In  Yawim 
Creeke  in  y®  preinct  Afore  Sd  And  I doe  Here  by  Ratefv  And  Confirme 


COLONIAL  RECORDS. 


485 


w‘  My  Sd  Attorney  Shall  by  vertue  of  these  prsents  doe  therein  And  y® 
Same  doe  hold  to  be  good  And  firme  In  Law  As  if  I My  Selfe  had  In 
^son  ^formed  y®  Same  Witnes  My  hand  and  Seale  y®  5 of  December 
An0  Dili  1694 

Signed  Sealed  And  delivered  J Tho:  Lepper  -)- 

In  p'sents  of  Thomas  Gough  | 

Thomas  T S Stephens  ( Proven  in  Court  ye  13  day  of 

W.  Glover  J Janewary  1 696-7  bv  y®  oath  of  Tho : 

Stephens  Test  ^ John  Stepney  Cle 
Recorded  March  y®  26  Anno  1697  ^ John  Stepney  Cler. 

April  1697 

At  A Court  Houlden  tfor  the  prcinet  of  Piquemons  At  y®  Hous  of  Mr 
Thomas  Blunt  ve  Secont  Monday  In  Aprill  1697  p'sent  Mr  Caleb  Calle- 
way  Judg  Cap*  Ralph  iHetcher  Mr  John  Barrow  Mr  John  God  fry  Mr 
John  Whedby  Mr  Samuel  Nicholson 

Mary  Peterson  Proved  A Letter  of  An  Attorney  of  Jacob  Petersons 
by  the  oath  of  Stephen  Manwaren  James  Anderson. 

ffrancis  Tomes  Aturney  to  William  \'as  And  Joanna  his  Wife  Ac- 
knowledged A dede  of  Sale  to  Stephen  Man  wared  for  A plantation  And 
Shee  In  flson  present. 

ffrancis  Tomes  Proved  A Letter  of  Aturnney  of  William  Voses  by 
Joshua  Tomes. 

Richard  Nowel  And  Ellener  His  Wife  Acknowledged  A dede  gift  of 
two  Hundred  Acres  of  Land  to  Allis  Nowel  his  da 

Richard  Nowell  And  Ellener  His  Wife  acknowledged  A ded  of  Sale 
for  two  Hundred  acres  of  Land  to  Albert  Alberson  .Tuner  Richard 
Batcheler  And  Katherine  His  Wife  Acknowledged  An  Asignement  of  A 
plantation  to  Jenkins  Williams 
William  Wilkinson  vars  Jonathan  Tailor 

In  a plea  of  dept  y®  said  Tailor  Confessed  Judgment  Order  That  Jona- 
than Tailor  pay  to  William  Wilkinson  eighteen  pound  thirteen  Shilling 
With  Cost 

The  Court  is  A Jurued  till  to  Morro  eigli  A clock 

John  Hopkins  vars  Gkoro  Mathes 

In  a Plea  of  y®  Case  thare  being  a fait  In  y®  declaration  ordered  that 
John  Hopkins  be  nonsuted  And  pay  Cost 

James  Oats  Aturney  to  Mr  Thoms  Blunt  vars  William  Mansell 
In  a plea  of  dept  thare  being  A fait  in  v*  declaration  ordered  that 
James  Oats  be  nonsuted  And  pay  Cost. 


480 


COLONIAL  RECORDS. 


Mr  Jolni  Whedby  Acknowledged  A dede  gift  to  his  Son  Rioliard 
Wliedby  And  to  Lis  daughter  Debro  Whedby 
John  Lilly  vars  Thomas  Houghton 

In  a plea  of  debt  The  Court  Referd  I(  to  y*  Jury  y*  Jury  on  tliare 
oathes  Say  Wee  find  It  to  lx*  No  Lawful  1 A rest  It  being  Repugnant  to 
the  Lawes  of  england  this  is  a posctif  vardet 

Ordered  t lie  James  fliiget  deputy  Marshall  pay  Cost  y®  Said  ffuget 
Craves  An  Apele  In  Chancery  He  Haven  given  Securitie  his  Apele  Was 
Granted. 

Upon  a petition  of  William  Brathct  Shewen  that  Charles  Mackdanel  is 
Indepted  to  Him  Eigli  pound  And  He  Haven  obtained  Attachment 
Against  y®  estate  of  y®  Said  Mackdanel  And  y 6 Hoggs  & Cattel  being 
Attached  ordered  that  William  Rrathet  be  paide  his  Just  dept  of  eigli 
pound  with  Cost  of  Sute 

Upon  A peticon  of  Thomas  Johnson  Shewen  that  Thomas  Nichols  is 
Indepted  to  Him  And  y®  Said  Nichols  Assumed  to  pay  to  Georg  Mathes 
thirty  Shillings  And  Nine  pence  that  isdoo  upon  ye  book  And  He  Haven 
Not  given  y®  Said  Mathes  Credet  ordered  that  James  ft'uget  boockeper 
give  credit  for  v®  Said  Sum 

ordered  that  Abraham  Hobs  Lenord  Loftis  James  Oats  And  Richard 
Nowel  be  overseers  of  the  Hi  Waves 

Ordered  that  Mr  Caleb  Callew  And  Mr  John  Barrow  Summons  John 
Lilly  Robart  Harman  Johnathun  Tailor  to  Receive  y®  oath  They  being 
Apointed  Constabels  By  the  Court. 

Samuel  Nicholson  Maken  Apeare  That  he  Has  Sattisfied  His  brother 
Nathaniel  Nicholson  His  part  of  ye  Estate  that  His  ifather  Left  Him 
ordered  that  Samuel  Nicholson  bond  be  delivered  up. 

CALEB  CALLAWAY 
RALPH  FFLETCHER 
JOHN  BARROW 
JOHN  WHEDBE 
SAMUEL  NICKOLSON 

July  1697 

At  a Court  Iloulden  for  this  prcinet  at  y*  Hous  of  Mr  Thomas  Blunt 
y®  Secont  Monday  In  July  1697  prsent  Mr  Caleb  Calleway  Judg 

Cap1  Ralph  ffletcher  Mr  John  Barrow  Mr  Samuel  Nicholson 

Collom  ftlyn  Proved  a Letter  of  Aturnney  of  Lorance  Hunts  and 
Elizabeth  Hunt 

Collom  fflvn  acknowledg  an  asignment  of  a Patten  to  John  Morgan 
As  he  M as  Atturnney  to  Lawrance  Hunt  and  Elizabeth  his  M i 


COLONIAL  RECORDS. 


487 


James  Hibins  and  Jane  Harbut  acknowledg  a ded  of  Sale  to  Thomas 
Norcom  for  t\v  Hundred  and  Eighty  acres  of  Land. 

John  Lilly  vars  Thomas  Houghton 

In  a plea  of  dept  y®  Said  Houghton  confesed  Judgment  ordered  that 
Thomas  Houghton  pay  to  John  Lilly  forty  three  Shillings  & eigh  peence 
With  Cost  of  Sute. 

James  Oats  Attorney  to  Mr  Thomas  Blunt  vars  William  Man- 
sell 

In  a plea  of  dept  y®  sd  Mansell  Confesed  Judgment  ordered  that  Wil- 
liam Mansell  pay  to  Mr  Thomas  Blunt  thirty  two  Shilling  A two  pence 
With  Cost 

James  Oats  proved  a letter  of  Aturney  of  Mr  Thomas  Blunt  by 
Stephen  Manwaren. 

James  Oats  proved  a letter  of  Atturney  of  Peter  Panel  bv  y®  oth  of 
Stephen  Manwaren 

Edward  Homes  proved  Writs  for  fifteen  ^sons  transported  Into  this 
County  Whoese  name  are  under  Wretten  vis  him  Selfe  Elizabeth  his 
WifeTho:  Homes  Edward  Homes  Juner  Edward  Homes  Sener  Eliza- 
beth his  Wife  Tho:  Homes  Edward  Homes  Juner  Sarah  Homes  Eliza- 
beth Homes  Edward  Homes  Sener  Elizabeth  his  Wife  Thomas  Homes 
Edward  Homes  Juner  John  Homes  ordered  that  tfrancis  Copen  & Timo- 
thy clave  be  overseers  of  the  High  Wavs. 

Upon  a peticon  of  Margret  Panel  Sliewen  that  hir  Husband  is  de- 
parted y®  County  and  has  Left  grate  parte  of  My  Estate  In  Janies  Oats 
Hands  Which  is  Surreptusly  detained  Ordered  That  Janies  Oats  Keep 
In  his  Custodie  all  y®  Estate  that  is  mentioned  in  his  bill  of  Sale  till  y® 
Said  Panel  1 com  and  Satisfie  v®  Court  about  v®  Children  Estate  Given 
them  by  v®  Last  Will  and  Testemony  of  John  White  desesed 

CALEB  CALLAWAY 
RALPH  EFLETCHER 
JOHN  BARROW 
SAMUEL  NICHOLSON 

October  1697 

At  a Court  Holden  for  the  precinct  of  piquemons  At  the  lions  of 
Thomas  Blunt  y®  Seeont  Monday  In  October  1697  prSent  Cap*  Ralph 
ffletcher  Mr  John  Whedby  y®  18th  day  psent  ( 'aleb  Calleway  Samuel  Nich- 
olson. 

The  Court  is  Rejoined  till  Monday  next  being  v*  18th  da 


COLONIAL  RECORDS. 


188 


Daniel  Snuk  Acknow  A Convaence  for  two  hundred  Acres  of  Land 
to  John  Lilly 

John  flowers  And  Susana  his  Wife  Acknowledg  A ded  of’  Sale  for  his 
plantacon  and  three  Cowes  & Cal 

John  Lilly  vars  David  Sharwood  In  a plea  of  dept  ye  said  Sharwod 
Con fesen  Judgment  ordered  y‘  ye  Sd  Sharwod  pay  to  John  Lilly  forty 
shillings  y®  one  half  In  pork  and  y®  other  haf  in  Indian  Corn  With  Cost 
of  Sute 

Hiehad  Bachelder  plaintef  vars  William  Barrow  Exeecetor  to  John 
Bentley  thare  being  a folt  in  y®  declaration  ordered  that  he  be  Non  Silted 
And  pay  Cost 

Jenkins  William  And  Johanna  his  Wife  Acknowledg  An  Assignement 
of  part  of  a patten  for  on  hundred  And  fifty  eigh  Acres  of  Land  to 
Joseph  Benet 

John  Spence  proved  three  Rits  for  three  ffsons  transported  Into  this 
County  Whoes  names  are  under  Wretten  vis  him  Selfe  Cattern  his  Wife 
Robart  Spence. 

Alexander  Spence  proved  Rits  for  five  ij^sons  transported  Into  this 
County  hoes  names  are  under  Wretten  vis  himselfe  Dorety  Spence  John 
Spence  Daved  Spence  James  Spence. 

John  Shaw  proved  on  Rite  for  his  transportation 

John  Hancock  acknowladged  a ded  of  Sale  to  Richrd  Woolard  for 
three  Hundred  Acres  of  Land 

Diana  White  vars  Daved  Harris  In  a plea  of  det  and  y®  Said  White 
not  apearen  ordered  that  Diana  'White  be  nonsuted  and  pay  cost 

Elisabeth  Viner  And  Ann  Yiner  Acknowledg  An  Indenter  to  ye 
Honbl  Thomas  Harvey  Es<jr  Deputy  Govr 

James  Beel  And  Mary  Beel  acknowledg  an  Indentr  to  William  Car- 
man 

Upon  CALEB  CALLOWAY 

RALPH  FFLETCHER 
JOHN  WHEDBE 
SAMUEL  NICHOLSON 

January  1698 

At  A Court  ffor  the  Precinct  of  Piquemons  At  the  House  of  Mr  Tho: 
Blunt  y®  Secont  Monday  In  Janewary  1698  prSent  Mr  Call  eh  Callewav 
Capt  * Ralph  ffletcher  Mr  John  Whedbe  Mr  John  Barrow  Mr  Samuel 
Nicholson 

The  Court  Is  A Jurn  to  Mr  Jeames  Oats. 

The  Court  Met  At  y®  Hous  of  Mr  Jeames  Oats.- 


COLONIAL  RECORDS. 


189 


Corenall  William  Wilkinson  And  Cap4  Henderson  Walker  Exr  of 
Majer  Allex  Lillington  desesed  vars  Richard  Bachelder  y®  Sd  Bach  el- 
der confesed  Judgment  ordered  that  Richard  Bachelder  pay  to  Hender- 
son Walker  fewer  pound  Seven  Shilling  And  two  peenee  With  Cost  In 
poork 

Robert  Beasle  vars  Richard  Bachelder  in  a plea  of  Debt  y®  sd  Bach- 
elder  Confesed  Judgment  ordered, that  y®  Said  Richard  Bachelder  pay  to 
Robart  Beasle  twelfe  pound  Starling  In  poork  With  Cost  of  Sute 

Cap4  Henderson  Walke  And  Corll  William  Wilkinson  Ex  of  Majer 
Alex  Lillington  desesed  vars  Jonathan  Batman  y®  Sd  Batman  not 
Aparen  ordered  that  y®  Shrife  bring  y®  bodie  of  y®  Sd  Batman  y®  Next 
Cort 

Cap4  Henderson  Walker  And  Cor"  William  Wilkinson  Exr  to  Majer 
Alex  Lillington  vars  diana  White  In  A plea  of  debt  v®  Sd  White  Con- 
fesed Judgm  ordered  that  Diana  White  pay  to  Henderson  Walker  fifteen 
pound  on  Shilling  And  fower  pence  In  poork  With  Cost  of  Sute 

Cap4  Henderson  Walker  Maken  Apear  that  John  Chamberlin  Is  In- 
debted to  Majer  Alex  Lillington  one  pound  Nine  Shilling  and  Seven  pence 
And  he  haven  obtained  An  Attachment  Against  his  Estate  and  on  Mare  At- 
tached At  y®  Sut  of  Alex  Lillington  ordered  that  y®  Shrife  Make  Saile 
of  y®  Mare  Apraised  According  to  Law  And  pay  to  Henderson  Walker 
on  pound  Nine  Shillings  And  Seven  pence  With  Cost  And  y®  over  plush 
to  Return  to  y®  Sd  Chamberlin 

Gabrill  Newbc  Acknowledg  A ded  of  Saile  for  Land  to  Charles  Scot 
Charles  Scot  Acknowledg  A ded  of  Saile  for  Land  to  Gabrill  Newbc. 
William  Edward  acknowledg  a ded  of  saile  for  Land  to  Arnall  White 
John  Cart  rite 

Gabrel  Newby  Attorney  to  Elizabeth  Charles  And  Samuel  Charles 
Acknowledg  A dede  of  Sale  for  Land  to  Charles  Scot  David  Sharwood 
And  Jane  his  wife  Acknowledg  A ded  of  Sale  for  Land  to  John  Prieklov 
Dina  Butler  Acknowledg  A ded  of  Sale  for  Land  to  William  Moore 
Beniamin  Laker  and  Julian  His  Wife  vars  Anthony  Dawson. 

In  a plea  of  v®  Case  y®  Court  Referd  It  to  v®  Jure  y®  Jure  on  thare 
oathes  Say  they  find  for  y®  Plaintef  eigli  pound  Sixteen  Shillings  A 
aleven  peenee  ordered  that  Anthony  Dawson  pay  to  Beniamin  Lakar 
eigli  pound  Six  Shillings  A Aleven  peenee  with  Cost  of  Sute 
Anthony  Damson  vars  Beniamin  Laker 

In  a plea  of  y®  Case  y®  Court  Referd  It  to  y®  Jure  v®  Jure  on  thare 
oathes  Say  thay  find  for  v®  Plaintef  Seven  pound  Nine  Shillings  & Nine 


58 


490 


COLONIAL  RECORDS. 


peence  ordered  that  Beniamin  Laker  pay  to  Anthony  Dawson  Seven 
pound  Nine  Shillings  & Nine  peence  With  Cost  of  Sute 

Gabrell  Newby  and  Thomas  Overman  proved  a Will  of  Joseph  Nich- 
olsons Samuel  Nicholson  being  Exee  And  John  Nicholson  to  Joseph 
Nicholson 

James  ffisher  Acknowledg  A ded  of  Saile  for  Land  to  William  White 

Gabrell  Newby  Proved  A Letter  of  Atturnney  of  Elisabeth  Charles 
is  by  ffrancis  Tomes 

Ellener  Hibbens  Acknowledg  a deed  of  Saile  for  hir  part  of  Land  to 
Tho:  Norcom 

Ordered  that  Timethe  Clare  And  Isack  Wilson  be  y®  Keepers  of  y® 
toole  bookes  of  Piquemons  Precinct  Timothy  Clare  on  v®  West  Sid  and 
Isack  Willson  on  y®  Es*  Sid 

CALEB  CALLAWAY 
RALPH  FFLETCHER 
JOHN  BARROW 
JOHN  AVIIEDBE 


1698. 


[B.  P.  R.  O.  B.  T.  Proprieties.  No.  25.  p.  195. J 


W.  BRIDGMAN  TO  W.  POPPLE. 

Sr 

In  answer  to  your  Letter  of  yesterday.  I send  you  enclosed  an  acc*  of 
the  Officers  appointed  in  the  Courts  of  Admiralty  in  North  and  South 
Carolina,  according  as  is  desired  by  your  said  Letter.  I am 

Sr’ 

your  most  humble  servant 

Win  BRIDGMAN 

Adin‘y  Office 

16th  Feb  1697-N. 


LIST  OF  THE  ADMIRALTY  OFFICERS  IX  NORTH  AND  SOUTH  CAROLINA 


Mr  Edw:  Hill— Judge 
Miles  Carey — Register 
Mich  : Sherman — Marshal 
Edw : Chilton — Advocate 


A of  the  Colony 
I of  Virginia 
| and  North 
J Carolina 


( Appointed  by  an  Order 
J to  y®  Govern*  of  those 
| Colours  for  the  time  being 
Dated  the  1 9th  of  April  last 


+91 


COLONIAL  RECORDS. 


Mr  Jos:  Norton — Judge  J of  South  C Appointed  by  an  Order 
Tho:  Carey — Register  | Carolina  | of  Sr  Chas:  Hedges 

Rd  Pollinger — Marshal  ( j the  29th  of  April  1691. 

Jona  Armorey — Advocate  J { 

And  an  Order  was  given  to  S'Chas:  Hedges  Judge  of  the  High  Court 
of  Admiralty  the  28th  of  May  1671.  to  prepare  Letters  Patents,  empow- 
ering the  Governours  of  those  Places  for  the  time  being  to  appoint  such 
Officers  when  any  vacancies  shall  happen. 


[P>.  P.  R.  O.  North  Carolina.  R.  T.  Voj,.  4.  p.  57.] 


Gentlemen 


London  9''®1'  y*  3d  1698 


Having  this  opertunity  bv  a friend  of  Mr  Archdale  & mine  who  In- 
tends to  Inhabit  among  you  I could  not  omitt  letting  you  know  that 
your  Letters  are  recd  by  y®  Lords  but  by  reason  of  y®  calling  of  a new 
parlianf  most  of  ym  being  now  in  y®  country  you  may  expect  their  an- 
swer & directions  ^ first  oportunitv  after  there  Rcturne,  the  most  mate- 
rial matter  is  that  of  v®  Governor  of  Virginia  settling  bv  virtue  of  tin* 
Kings  Comiss0  Judges  of  ye  Admiralty  with  you,  I have  had  soyie  dis- 
course with  y®  Earle  of  Bathe  about  it,  who  very  well  aproves  of  your 
answer  to  y®  said  Governors  Letter  but  we  were  both  of  v®  opinion,  that 
if  they  will  force  such  a thing  upon  you,  it  is  better  at  this  time  to  suffer 
it,  then  to  give  anv  occasion  of  a dispute,  this  1 thought  titt  to  acquaint 
you  of  my  owne  head,  having  not  at  present  y®  oportunitv  of  a better 
advice  by  y®  next  you  will  have  y®  opinion  of  v®  board  of  v®  Lords 
prop10"  concerning  all  vour  matters,  till  then  I have  no  more  to  add  but 
that  I am 

Your  most  affectionate 
friend 


THO:  AMY 

To  Tho:  Harvey  Esqr  Deputy 
Governor  and  to  Our  Councell 
of  North  Carolina 


402 


COLONIAL  RECORDS. 


TB.  P.  R.  <).  B.  T.  N.  C'a ROX.INA.  Vul.  4.  p.  58.] 


BY  THE  LORDS  JUSTICES  OF  ENGLAND 

Tho : Cantuar 

Pembroke 

Devonshire 

Dorsett 

Marlborough 

To  tho  right  honorable  the  Lords  Proprietors  of  his  Majesty’s  Prov- 
ince of  Carolina  in  America  Greeting  His  Majesty  having  been  informed 
that  the  Naval  1 Officers  being  v®  Persons  apointed  by  y®  Governours  in 
his  respective  Plantations  in  America  to  take  Bonds  and  give  Certificates 
for  clearing  of  ships  have  generally  neglected  to  comply  with  the  direc- 
tion of  y®  late  Act  of  Parliament  for  preventing  frauds  & regulating 
Abuses  in  y®  Plantation  Trade  which  dos  require  their  giving  security  to 
y®  Comissioners  of  y®  Customes  in  England  for  ye  due  discharge  of  their 
Trust,  And  it  having  been  farther  represented  to  his  Majesty  that  besides 
y®  security  which  ye  said  Navall  Officers  are  obliged  by  Law  to  give,  it 
would  be  very  expedient  that  according  to  y®  constitutions  of  ye  Customes 
in  England  which  has  provided  a controule  upon  ye  action  of  every  Offi- 
cer imployed  therein  the  Concurrence  of  the  Collectors  apointed  by  y® 
Comis”  of  y®  Customes  in  his  Majesty’s  respective  Plantations  should 
also  be  made  necessary  to  so  important  an  act  as  that  of  signing  Certifi- 
cates for  clearing  of  ships,  His  Majesty  taking  y®  same  into  consideration 
is  hereby  pleased  to  declare  his  Will  and  Pleasure,  and  you  are  accord- 
ingly hereby  required  forthwith  to  give  directions  to  your  Governor 
that  he  takes  care  that  y®  Navall  Officer  or  officers  in  His  Majesty’s 
Province  of  Carolina  in  America  under  his  Goverrn*  doe  give  security 
for  y®  due  discharge  of  his  or  their  Trust  to  such  Person  as  is  or  shall 
be  apointed  by  y®  Comissioners  of  His  Majesty’s  Customes  for  that  pur- 
pose according  to  y®  direction  of  y®  foremcntioned  Act  of  Parliament 
And  likewise  that  he  doe  not  admitt  or  allow  any  Certificate  signed  by 
y®  Navall  Officer  or  Officers  aforesaid  for  y®  clearing  of  ships  within  His 
Majesty’s  said  Province  of  Carolina  in  America  to  be  valid  and  effectual 
for  that  end  without  y®  Concurrence  of  y®  Collector  apointed  there  by  y® 
Comisrs  of  His  Majesty’s  Customes.  Given  at  Whitehall  the  13th  dav 
of  9b®r  1(598  in  the  tenth  year  of  his  Majty’3  Reigne 

By  their  Excellencys  Command 

JA.  VERNON 


COLONIAL  RECORDS. 


493 


[Records  of  Perquimans  Precinct  Court.] 


April  1698 

At  A Court  Holden  for  the  Precinct  of  Pequemons  At  the  House  of 
Janies  Oats  the  Secont  Monday  In  Aprill  1698  p'sent 

Mr  Caleb  Calleway  Cap4  Ralph  ftletche  Mr  Samuel  Nicholson 

Daniel  Hall  proved  two  Rits  one  for  his  transportation  And  one  for 
his  freed um 

Robart  Smith  proved  on  Rite  for  his  transportation  into  this  County 
And  Asigne  It  to  John  Dawson 

John  Dawson  proved  on  Rite  for  his  transportation  into  this  County 

Rose  Ingan  proved  one  Rite  for  hir  transportation  Into  this  County 
And  Asigned  It  to  John  Dawson 

Mager  Samuel  Swann  vars  Stephen  Manwaren  In  A plea  of  debt  y® 
Sd  Manwaren  Confessed  Judgment  ordered  that  Stephen  Manwaren 
pay  to  Samuel  Swann  thirty  three  Shilling  And  fower  peence  W ith  Cost 
Ales  Excecuti 

Cor11  William  Wilkinson  And  Cap4  Henderson  Walker  Excetors  of 
Alex  Lillington  desesed  vars  Jonathan  Batman  In  a plea  of  debt  y® 
Sd  Batman  Confesed  Judgment 

ordered  that  Jonathan  Batman  pay  to  Capt  Henderson  Walker  thirty 
Shillings  in  Pork  W ith  Cost 

ordered  that  Thomas  Norcom  be  overseer  of  y®  high  W ay  from  v® 
Brig  that  y®  Chowans  Men  Makes  over  yoapim  River  to  y®  Indien  Crick 

And  to  Make  A brig  over  y®  Crick  And  to  Mark  And  Cleare  to  y® 
next  maine  Rode  not  Inieren  no  Man’s  Plantation  and  to  Mark  And 
Cleare  Along  v®  ould  Roade  to  Jeames  oatses 

ordered  that  Edward  Orendal  be  overseer  oi'  v®  High  W aves  on  y®  Est 
Side  of  Yoapim  Crick 

ordered  that  W illiam  Booge  be  Cunstabel  one  v®  Narroes  of  p i< j ne- 
mo ns  to  Suttens  And  to  Mr  Lakers  Crick  on  y®  W est  Side 

CALEB  CALLAWAY 
RALPH  FELETCHER 
SAMUEL  NICHOLSON 

May  the  Sevent  1698  Abraham  Warren  Recorded  A dark  Bay  Mare 
Coidt  Which  he  bough  of  Margaret  Pavel  to  Run  Shoe  And  hir  Increse 
for  v®  yous  of  v®  Sd  Margret  Pavels  Children  Elisabeth  Tederton  v"  first 
Conlt  William  Tederton  y®  Next  Daniel  Hall  v*  Next  W illiam  Hall 


next. 


194 


COLONIAL  RECORDS. 


July  1698 

At  A Court  Houlden  for  the  p'ciuct  of  piquemon  At  y®  house  of  Mr 
James  Oats  y®  Seeont  Monday  in  July  1698  j>rsent  Mr  Caleb  Calleway 
Cap‘  Ralph  ffletcher  Mr  John  Barrow  Mr  Samuel  Nicholson  William 
Long  And  Sarah  his  Wife  Exce  to  Lawrance  Consalvo  proved  his  Will 
by  v®  oth  of  Thomas  Noreom  And  Mare  his  Wife  and  Sarah  Blank 
Mary  Peterson  Excecetrix  of  Jacob  Peterson  deccsed  Proved  his  Will 
by  y®  ( lathes  of  James  ffruget  And  Marthe  ffruget 

Mare  Peterson  Acknowledg  a dede  gift  mad  to  hir  daughter  Ann 
Peterson 

William  Steward  vars  Thomas  Noreom  In  A plea  of  v®  Case  And 
both  parties  bein  agreed  ordered  that  Tho:  Noreom  deliver  the  Cow  And 
yearling  to  y®  Sd  Steward  he  paying  to  v®  Sd  Noreom  on  hundred  pound 
of  good  tobacc  With  Cost  Ales  Excecution 

Samuel  Hearst  proved  Kits  for  fower  ^sons  transported  Into  this 
County  Whos  Names  are  under  Written  vis  himselfe  Jane  Chaddoek 
John  Doughatre  Jane  Jane  Daughatre 

Hennery  Norman  proved  Rites  for  eight  ^sons  transported  Into  this 
County  Whoes  Names  are  under  Wreten  vis  him  Selfe  Mary  his  Wife 
Andrew  Ross  Marv  Ross  Thomas  Ross  John  Simmons  Georg  Waide 
James  Ross 

Upon  A petition  of  William  Long  And  Sarah  his  Wife  Shewing  y* 
Lawrance  Consalvo  hir  Sun  is  ded  haven  Made  A Non  quetecall  Will 
It  is  ordered  that  William  Long  have  y®  Admr  of  v®  goods  And  Chat- 
tel Is  of  y®  Sd  Lawrance  Consalvo  estate  haven  entred  Into  bond  And 
Securitie  for  v®  Same 

Samuel  Nicholson  And  John  Nicholson  Exce  of  Joseph  Nicholson 
desesed  Acknowledg  An  Asignement  of  A Convaance  to  Andrew  Reed 
Ordered  that  Jenkins  Williams  be  overseer  of  y®  high  Ways  on  v® 
Sound  Side 

Ordered  that  Samuel  Charles  be  overseer  of  v®  high  Ways  from  y® 
Siprus  brig  to  y®  head  of  Caseltons  Creek 

ordered  that  Georg  Sutten  be  overseer  of  y®  High  Wayes  beginen  at 
v®  usal  place  at  deep  Creek  and  so  to  y®  Run  of  Suttens  Creek 

ordered  that  ffrancis  Tomes  Juner  be  overseer  of  the  High  Waves  from 
V®  Run  of  Suttens  Creek  to  y®  Run  of  Vosel  Creek 

ordered  that  Richard  Adkinson  be  overseer  of  y®  High  W aves  from  y® 
fforrd  in  Little  River  to  Suttons  Creek  brigd. 

CALEB  CALLAWAY 
RALPH  FKL ETCHER 
JOHN  BARROW 
SAMUEL  NICHOLSON 


COLONIAL  RECORDS. 


495 


July  ye  12th  Anno  1698  Ralph  ffleteher  jSener  Recorded  His  Marke 
being  on  ye  Right  Eare  a Slet  and  a Slet  and  a halfe  penney  on  ye  uper 
Sid  and  ond  ye  Left  a nick  on  ye  under  Sid  of  y®  car 

July  y®  12th  Anno  1698  George  ffleteher  Recorded  His  Marke  being  a 
crop  and  a Slet  and  a halfe  peney  In  y®  Rite  eare  and  on  y®  Left  eare  a 
Halfe  peney  At  y®  roote  on  y®  uper  Side  of  y®  eare 

Sarah  ffleteher  Recorded  Hir  Marke  y®  12th  day  of  July  Anno  1698 
being  a Crop  and  a Slet  on  y®  Rite  eare  and  a halfe  peney  And  a Nick 
on  y®  under  Side  of  y®  Said  eare. 

July  y®  12th  Anno  1698  Margret  ffleteher  Recorded  hir  mark  being  a 
Crop  and  a Slet  and  a halfe  peney  and  a nick  on  y®  under  of  y®  Right 
eare  and  in  y®  Left  eare  a Slet. 

July  y®  26th  Anno  1698  Robart  Dugles  Recorded  His  Marke  being  a 
Swollofork  And  A Hole  In  y®  Right  eare  and  an  over  Keele  In  y°  Left 
ear 

July  y®  27  Anno  1698  John  Hawkins  Recorded  his  mark  being  a Crop 
on  the  Left  eare  and  an  under  Keele  on  the  Right  Eare 

October  1698. 

At  A Court  Holden  At  the  house  of  Mr  James  Oats  the  Secont  Mon- 
day In  October  1698  prsent 

Mr  Caleb  Callaway  Mr  John  Whedby 
Mr  John  Barrow  Mr  Samuel  Nicholson 

Mistrcs  Elisabeth  Swann  y®  Wife  of  Mager  Samuel  Swan  v®  Rellock 
of  Cap1  John  tfendall  decesed  Acknowledg  A deed  of  Sale  for  A tract  of 
Land  in  Chowwan  to  Capt  Henderson  Walker  barin  date  v®  18  Day  of 
May  Anno  1698 

Mager  Samuel  Swann  Acknowledg  A dede  gift  to  Capt.  Henderson 
Walker  for  the  yous  of  Mistrcs  Elisabeth  Swann 

Elisabeth  Gardner  y®  Rellock  W illiam  Gardner  desesed  prsented  hir 
selfe  before  y*  Court  to  bind  hir  Son  William  Gardner  to  y®  Honbl 
Govener  Thomas  Harvi  or  his  Heires  tliav  Ingagen  to  Learn  him  to 
Reed  \\  hieh  In  or  to  A as  doon  till  In'  comes  to  v®  Age  of  Twenty  on 
veares  he  being  live  years  ould  now  a fortnite  before  Crismas 

Mr  Caleb  Calloway  proved  A Letter  of  Attorney  of  James  Hogg  And 
Ann  Hogg  by  y®  Oates  of  William  Long  And  Sarah  Long 

Mr  Caleb  Calleway  Atturnney  to  James  Hogg  And  Ann  Hogg 
Acknowledg  An  Asignment  of  A Convaenee  for  Land  to  Thomas  Long 
Ordered  that  Timothy  Clare  lx1  overseer  of  y®  High  W ay  from  y® 
Runn  of  hoses  Creek  to  y®  place  Covenant  to  make  A brig  At  y*  head  of 
v®  river  And  'psons  that  are  Willing  Are  requiered  to  Assist  In  y®  Mak- 
ing of  y®  brig 


COLONIAL  RECORDS. 


496 


Ordered  that  James  ffishei:  be  sepened  lx*fore  Mr  Caleb  Calleway  And 
Mr  John  Barrow  to  Answer  a Coniplant  mad  by  the  Constable  And  to 
Sq  >ene  Thomas  Norcom  An  Evedence 

Mr  Caleb  Calleway  Atturney  to  James  Hogg  And  Ann  his  Wife 
provet  thare  Letter  of  aturnev  by  William  Long  and  Sarah  Long 

CALEB  CALLAWAY 
JAMES  BARROW 
JOHN  WHEDBE 
SAMUEL  NICHOLSON 


1699. 

[B.  P.  R O.  B.  T.  N.  Carolina.  Vol.  4.  p.  59.] 

ORDERS  AND  INSTRUCTIONS  TO  OUR  RIGHT  TRUSTY 
AND  RIGHT  WELLBELOVED,  OUR  RIGHT  TRUSTY 
AND  WELLBELOVED  OUR  TRUSTY  AND  WELLBE- 
LOVED THE  LORDS  PROPRIETORS  OF  CAROLINA  IN 
AMERICA  IN  PERSUANCE  OF  SEVERAL!,  LAWS  RE- 
LATING TOY'  TRADE  AND  NAVIGATION  OF  THIS  OUR 
KINGDOMS  OF  ENGLAND  AND  OUR  COLON YS & PLAN- 
TATIONS IN  AMERICA  GIVEN  AT  KENSINGTON  Y*  22d 
DAY  OF  JANUARY  IN  Ye  TENTH  YEARE  OF  OUR 
REIGN E. 

William  R 

Youshallgivedireetionsand  take  especial  I care  that  v®Comanderin  chief 
of  our  Province  of  Carolina  for  y®  time  being  doe  in  y®  first  place  informe 
himself  of  ye  Principall  Lawes  relating  to  y®  Plantation  Trade  vizt. 
The  Act  for  incouraging  and  increasing  of  shipping  and  navigation  made 
in  y®  12th  year  of  our  most  Dearly  Beloved  Uncle  of  ever  Blessed 
Memory  King  Charles  v®  Second,  The  Act  for  preventing  frauds  and 
regulating  Abuses  in  ye  Customes  made  in  ye  1 4th  yeare  of  y®  said  King’s 
Reigne ; The  Act  for  Encouragem1  of  trade  made  in  y®  1 5th  year  of  ye 
said  King’s  Reigne;  The  Act  for  regulating  Plantation  trade  made  in  y® 
22d  and. 23d  year  of  y®  said  King’s  Reigne;  The  Act  for  y®  Encouragem* 
of  y®  Eastland  and  Greenland  Trade  and  better  securing  y®  Plantation 
Trade  made  in  y®  25th  veare  of  y®  said  King’s  Reigne,  and  y®  Act  for 


COLON  I A L I i ECOR  DS. 


41)7 


preventing  fraudes  and  regulating  abuses  in  y®  Plantation  trade  made  in 
y®  7th  and  8th  year  of  our  Reign  All  which  Lawes  you  will  herewith  re- 
ceive, and  that  he  take  a Solemn  Oath  to  doe  his  uttmost  that  all  y° 
Clauses  matters  and  things  contained  in  ye  before  Recited  Acts  of  Parlmt 
heretofore  passed  and  now  in  force  relating  to  our  Colonys  and  Planta- 
tions be  punctually  observed  according  to  y®  true  Intent  and  meaning 
thereof. 

2dly  And  as  by  y®  last  recited  Act  y®  Officers  a pointed  by  y®  Governors 
for  performance  of  certain  things  mentioned  in  v®  aforesaid  Act  for  y® 
Encouragem1  of  Trade  comonly  knowne  by  v®  name  of  Navall  Officers 
are  to  give  security  to  v®  Coruis”  of  Our  Customes  in  England  for  y® 
time  being  or  such  as  shall  be  apointed  by  them  for  our  use  for  y®  true 
and  faithfull  Performance  of  their  Duty  and  shall  take  care  that  y®  per- 
son by  him  so  imployed  do  not  only  give  such  security  to  y®  said  Comis" 
of  our  Customes  but  be  approved  of  by  them  in  manner  as  is  thereby 
enjoy  ned. 

3dly  Whereas  by  y®  said  Act  of  Navigation  no  goods  or  Comoditys 
whatsoever  are  to  be  imported  into  or  exported  out  of  any  of  our  Lands 
Islands  or  territorvs  in  America  in  any  other  ships  or  vessels  whatsoever 
but  in  such  as  do  truly  and  without  fraude  belong  to  our  People  of  Eng- 
land Ireland  Dominion  of  Wales,  or  towne  of  Berwick  upon  Tweed  or 
are  of  y®  built  of  and  belonging  to  any  of  our  Islands  sd  Lands  or  terri- 
torvs  as  v°  Prop”  and  right  owners  thereof,  and  whereof  v®  Master  and 
three  fourths  of  y®  Marriners  at  least  are  English  under  y®  forfeiture  and 
loss  of  all  v®  Goods  & Comoditys  which  shall  be  imported  into  or  ex- 
ported out  of  any  of  y®  said  places  in  any  other  ship  or  vessell  as  also  of 
y®  ship  or  vessell  with  her  Guns  and  furniture  &c,  and  whereas  by  a 
Clause  in  v®  aforesaid  Act  of  fraudes  no  forreigne  built  ship  (that  is  to 
sav)  not  built  in  any  of  our  Dominions  of  Asia,  Africa  or  America  or 
other  then  such  as  shall  bona  fide  have  been  bought  before  v®  first  day  of 
October  1()(>2  and  expressly  named  in  a list  thereby  appointed  to  be  made 
of  all  forraigne  built  ships  in  all  y®  ports  of  England  shall  enjoy  y® 
privilege  of  a ship  belonging  to  England  or  Ireland,  altho’  owned  or 
mannd  by  English,  except  such  ships  onely  as  shall  be  taken  at  sea  by 
letters  of  Mart  or  Reprizall  and  condemnation  made  in  y®  Court  of  Ad- 
miralty as  lawful  Prizes,  But  all  such  ships  shall  be  deemed  as  Aliens 
ships,  and  be  lyable  to  all  Dutves  that  Aliens  ships  are  liable  to,  bv  vir- 
tue of  y®  aforesaid  Act  for  y®  encouraging  and  increasing  of  shipping  and 
Navigation  and  whereas  by  a Clause  in  y®  aforesaid  Act  for  preventing 
fraudes  and  regulating  Abuses  in  y®  Plantation  trade,  ’tis  enacted  that 
59 


COLONIAL  RECORDS. 


198 


after  y®  25th  of  March  1698  no  Goods  or  Merchandize  whatsoever,  shall 
be  imported  into  or  exported  out  of  any  of  our  Colonys  of  Plantations 
in  Asia,  Africa  or  America  or  shall  be  loaden  in  or  carrved  from  anyone 
Port  or  place  in  y®  same  our  Kingdom  of  England,  Dominion  of  Wales 
or  Towne  of  Berwick  upon  Tweed  in  any  ship  or  bottom  but  what  is  or 
shall  be  of  y®  Built  of  England  or  of  ye  Built  of  Ireland  or  of  y®  sayd 
Colonys  or  Plantations  and  wholly  owned  by  y®  people  thereof  or  any  of 
them,  and  navigated  with  y®  Master  and  three  fourths  of  y®  Marriners  of 
y®  said  Places  onely  except  such  ships  onely  as  shall  be  taken  prize  and 
condemnation  thereof  made  in  one  of  our  Courts  of  Admiralty  in  Eng- 
land, Ireland  or  y®  sayd  Colonys  or  Plantations  as  aforesaid,  and  whereof 
y®  property  dos  belong  to  English  men  with  an  exception  for  3 years  to 
such  foreign  built  ships  as  shall  be  implored  by  y®  Comissioners  of  our 
Navy  for  y®  time  being  or  upon  Contract  with  them  in  bringing  onely 
Masts,  Timber,  and  other  Navall  stores  for  our  service  from  our  Colonys 
or  Plantations  aforesaid  to  this  our  Kingdome  to  be  navigated  as  afore- 
said and  whereof  ye  property  dos  belong  to  English  men  on  y®  paine  of 
y®  forfeiture  of  y®  ships  and  goods  And  whereof  by  another  Clause  of  y® 
said  Act  for  yc  more  effectuall  prevention  of  frauds  which  may  be  used 
by  colouring  foreigne  ships  under  English  names  tis  further  enacted  that 
from  and  after  y®  25th  of  March  1698  no  ship  or  vessel  1 whatsoever  shall 
be  deemed  or  pass  as  a ship  of  y®  Built  of  England,  Ireland,  Wales, 
Berwick,  Guernsey,  Jersey  or  any  of  our  Plantations  in  America  so  an 
to  be  qualified  to  trade  to  from  or  in  any  of  y®  said  Plantations  untill  y® 
Person  or  Persons  claiming  property  in  such  ship  or  vessell  shall  regis- 
ter y®  same  in  maner  thereby  apointed.  The  Comander  in  chief  of  our 
Province  of  Carolina  for  y®  time  being  shall  take  care  and  give  in  charge 
that  these  matters  and  things  be  duely  observed  in  our  said  Province  ac- 
cording to  y®  true  intent  and  meaning  of  y®  said  Acts,  and  y®  Offences 
and  Offenders  prosecuted  according  to  y®  directions  thereof  And  where  it 
is  required  that  y®  Master  and  three  fourths  of  y®  Marriners  be  English 
he  is  to  understand  that  v®  true  intent  and  meaning  thereof  is  that  they 
shall  be  such  during  y®  whole  voyage  uiAess  in  case  of  sickness  Death  or 
being  taken  prisoners  in  y®  voyage  to  be  proved  by  y®  Oath  of  v®  Master 
or  other  chief  officer  of  y®  ship  and  none  but  our  subjects  of  England, 
Ireland  or  y®  Plantations  aforesaid  are  to  be  accounted  English 

4thly  Whereas  by  y®  said  Act  of  Navigation  tis  further  enacted  for 
every  ship  or  vessell  which  shall  sett  saile  out  of  or  from  England,  Ire- 
land, M ales  or  Berwick  upon  Tweed  for  any  English  Plantation  in 
America  Asia  or  Africa  sufficient  bond  shall  be  given  with  one  Surety  to 


COLONIAL  RECORDS. 


499 


ye®  cheif  officer  of  ye  Customes  of  such  Port  or  Place  from  whence  ye 
said  ship  shall  sett  saile  to  ye  value  of  £1000  if  y®  ship  be  of  less  burden 
then  hundred  tons  and  of  y®  surae  of  £2000  if  y°  ship  shall  be  of  greater 
burden,  that  in  case  y®  said  ship  or  vessell  shall  loade  any  of  y®  Comod- 
ityes  therein  enumerated,  vizt,  sugar  Tobacco,  cotton,  wooll,  Indigo, 
Ginger,  Fustick  or  other  dying  wood  of  ye  growth  production  or  manu- 
facture of  any  English  Plantation  in  America  Asia  Africa  or  any  of  y® 
said  English  Plantations  that  ye  same  Comodityes  shall  be  by  y®  said 
ship  brought  to  some  Port  of  England,  Ireland,  Wales  or  to  ye  Port  or 
Towne  of  Berwick  upon  Tweed  and  be  there  unloaden  and  put  on  shore 
(y®  danger  of  ye  seas  onely  excepted)  and  for  all  ships  coming  from  any 
Port  or  Place  to  any  of  y®  aforesaid  Plantations  which  by  this  Act  are 
permitted  to  trade  there  that  the  Governor  of  such  English  Plantations 
shall  before  ye  said  ship  or  vessell  be  permitted  to  loade  on  horde  any  of 
ye  said  Comodityes  take  bond  in  maner  and  to  y®  value  aforesaid  for  each 
respective  ship  or  vessell  that  such  ship  or  vessell  shall  carry  all  y®  afore- 
said goods  that  shall  be  loaden  on  board  ye  said  ship  to  some  other  of 
our  English  Plantations,  or  to  England,  Ireland,  Wales  or  Berwick  and 
that  every  ship  or  vessell  which  shall  loade  or  take  on  bord  any  of 
y®  aforesaid  untill  such  Bond  be  given  to  y®  said  Governor  or  Certificate 
produced  from  v®  Officer  of  any  Custome  house  of  England,  Ireland, 
Wales  or  Berwick,  that  such  Bond  has  been  duely  given  there  shall  be  for- 
feited with  her  Guns  Tackle,  Apparell  and  Furniture  to  be  imployedand 
recovered  as  therein  is  directed,  He  is  to  take  notice  that  tho’  by  y®  said 
Act  v®  word  (Ireland)  is  to  be  inserted  in  y®  condition  of  y®  Bond  and 
permission  given  thereby  to  Being  y®  enumerated  Plantation  Goods  to 
Ireland  as  well  as  to  England  Wales  or  Berwick,  yet  by  y®  aforesaid  Act 
for  regulating  y®  Plantation  Trade  (which  being  expired  was  revived  and 
now  in  force  (y®  word  Ireland)  is  to  be  left  out  of  y®  condition  of  such 
Bonds,  and  he  is  not  to  permit!  any  ships  or  vessells  to  loade  any  of  y® 
enumerated  Goods  upon  any  Certificates  of  Bonds  having  been  given  in 
Ireland,  but  in  that  case  before  they  loade  any  of  y®  said  goods,  they  are 
to  produce  certificates  of  Bonds  given  in  England,  Wales  or  Berwick 
under  y®  hands  and  scales  of  y®  Customer  and  Comptroller  of  our  Cus- 
toms or  their  Deputys  in  such  Port  from  whence  y®  respective  ships  shall 
come  syned  also  by  four  or  more  of  y®  Commissioners  of  our  Customes 
in  Ireland  or  to  give  bond  to  himself  or  y®  person  apointed  to  receive  y® 
same  with  good  security  as  aforesaid  and  if  any  ship  or  vessell  shall 
trade  or  take  on  bord  any  of  y®  said  Comodityes  untill  such  Bond  given 
or  Certificate  produced  y®  said  ship  or  vessell  is  to  be  forfeited  with  her 
guns  &c  to  be  recovered  and  divided  in  maner  as  is  thereby  directed : 


COLONIAL  RECORDS. 


500 

5thlv  lie  shall  carefully  examine  all  certificates  which  shall  be  brought 
to  him  of  ships  giving  security  in  this  Kingdomc  to  bring  their  loading 
of  Plantation  Goods  hither  as  also  certificates  of  having  discharged  their 
loading  of  Plantation  Goods  in  this  Kingdom  pursuant  to  their  Security 
and  where  there  shall  be  reasonable  Ground  of  suspition  that  y®  certifi- 
cates of  having  given  security  in  England  is  false.  In  such  case  he  or 
ye  person  apointed  under  him  shall  require  and  take  sufficient  security 
for  y®  discharge  of  y®  Plantation  lading  in  our  Kingdom  of  England 
Dominion  of  Wales  or  at  y®  towne  of  Berwick  upon  Tweed,  and  where 
there  shall  be  cause  to  suspect  that  y®  certificates  of  having  discharged  v® 
lad i no  of'  Plantation  in  this  our  Kingdom  is  false  & counterfeit  he  shall 
not  cancell  or  vacate  y®  security  Given  in  y®  Plantations  untill  he  shall 
be  informed  from  y®  Comis"  of  our  Customs  in  England  that  y®  matter 
of  y®  said  certificate  is  true,  and  if  any  person  or  persons  shall  counter- 
feit raze  or  falsify  any  such  certificate  or  shall  Knowingly  or  wittingly 
make  use  thereof  he  shall  prosecute  such  person  for  y®  forfeiture  of  y® 
sume  of  £500  according  to  a clause  of  y®  aforesd  Act  for  preventing  frauds 
or  regulating  abuses  in  y®  Plantation  trade,  and  pursuant  to  y®  said  Act 
he  shall  take  care  that  in  all  such'  Bonds  to  be  hereafter  given  or  taken  in 
y®  Plantations  vizt.  in  our  Province  of  Carolina  y®  sureties  therein  named 
be  persons  of  Knowne  Residence  and  ability  there  for  y®  value  mentioned 
in  v®  said  Bond  be  within  18  months  after  y®  date  thereof  (y®  danger  of 
y®  seas  onely  excepted)  to  produce  certificates,  of  having  landed  and  dis- 
charged y®  Goods  therein  mentioned  in  one  of  our  Plantations  or  in  our 
Kingdom  of  England,  otherwise  to  attest  y®  copy  of  such  Bond  under 
his  hand  and  seale,  and  to  cause  prosecution  thereof. 

6thly  He  is  to  understand  that  y®  pavin'4  of  y®  rates  and  Dutys  imposed 
(by  y®  Aforesaid  Act  for  y®  Encouragem4  of  y®  Eastland  and  Greenland 
Trade  and  for  y®  better  securing  y®  Plantation  trade)  on  y®severall  Plan- 
tation Comodityes  therein  anumerated  dos  not  give  liberty  to  carry  y® 
said  goods  to  any  other  place  then  to  some  of  our  Plantations  or  to  Eng- 
land, Wales  or  Berwick  onely,  and  that  notwithstanding  y®  payment  of 
y®  said  Dutys,  Bond  must  be  given  to  carry  y®  said  Goods  to  some  of  our 
Plantations  or  to  England,  Wales  or  Berwick,  and  to  no  other  place. 

7thly  He  shall  every  three  months  or  oftner  or  otherwise  as  there  shall 
be  oportunity  of  conveyance  to  England  transmitt  to  y®  Comis”  of  our 
Customes  in  England  a list  of  all  ships  or  vessells  trading  within  our 
said  Province  according  to  y®  forme  and  specimen  herewith  sent  to  you 
and  he  shall  cause  demand  to  be  made  of  every  Master  at  his  clearing  of 
an  Invoyce  of  y®  contents  and  quality  of  his  lading  &c  according  to  y® 


COLONIAL  RECORDS. 


501 


forme  herewith  also  sent  yon  and  to  inclose  copy  thereof  by  some  other 
ship,  or  for  want  of  such  oportunity  by  ye  same  ship  under  cover  sealed 
and  directed  to  y®  said  Comis”  of  onr  Custodies  in  England  and  send 
another  copy  thereof  in  like  manner  to  yB  Collectors  thereof  of  that  Port 
in  England  for  y®  time  being  to  which  such  ship  shall  pretend  to  be 
bound. 

8°  Whereof  by  y®  aforesaid  Act  for  y®  encouragem4  of  trade  no  Como- 
di tys  of  y®  growth,  production  or  manufacture  of  Europe  except  salt  for 
ye  fishery  of  New  England,  & Newfoundland,  wines  of  y®  growth  of 
Maderas  or  western  Islands  or  Azores  Servants  and  horses  from  Scotland 
or  Ireland  and  all  sortes  of  victuals  of  y®  growth  and  production  of  Scot- 
land and  Ireland  shall  be  imported  into  any  of  our  Colours  or  Planta- 
tions but  what  shall  be  bona  fide  and  without  fraud  laden  and  sliipt  in 
England,  Wales  or  at  Berwick  and  in  ships  duelv  qualifyed;  He  shall 
use  his  uttmost  endeavour  for  y®  due  observance  thereof,  and  if  contrary 
hereunto  any  ship  or  vessell  shall  import  into  our  said  Province  any 
Comoditys  of  y®  growth  production  or  manufacture  of  Europe  but  what 
are  before  excepted  of  which  due  proof  shall  not  be  made  that  y®  same 
were  laden  or  sliipt  in  some  Port  in  England,  W ales  or  at  Berwick  by 
producing  Cackets  or  certificates  under  y®  hands  and  scales  of  y®  Officers 
of  our  Customes  in  such  Port  or  Place  where  y®  same  were  laden,  such 
ship  or  vessell  and  goods  are  to  be  forfeited  lie  is  to  give  in  charge  that 
y®  same  be  seized  or  prosecuted  accordingly. 

9°  And  in  order  to  prevent  y®  acceptance  of  forged  Dockets  or  certifi- 
cates which  has  been  practised  to  our  great  prejudice  he  is  to  give  effec- 
tuall  orders  that  all  such  European  Goods  as  bv  y®  said  Act  are  to  be 
sliipt  or  laden  in  England,  Wales  or  at  Berwick,  Dockets  for  y®  same 
from  hence  be  produced  to  y®  Collector  or  other  officers  of  our  Customes 
in  our  said  Province  of  Carolina  for  y®  time  being  before  y®  unlading 
thereof.  And  he  shall  give  order  that  no  European  goods  be  landed  but 
by  warrant  of  y®  said  Collector  in  y®  presence  of  an  Officer  apointed  by 
him,  and  for  y®  better  prevention  of  frauds  of  this  kind  the  Comander 
in  chief  of  our  said  province  for  y®  time  being  shall  take  care  that  ac- 
cording to  y®  said  Act  of  trade  no  ship  or  vessell  be*  permitted  to  lade  or 
unlade  any  goods  or  Comoditvs  whatsoever  untill  the  Master  or  Coman- 
der thereof  shall  first  have  made  knowne  to  him  or  such  officer  or  other 
person  as  shall  be  thereunto  Authorized  and  apointed  y®  Arrival!  of  sd 
ship  or  vessell  with  her  name,  and  y®  name  and  Surname  of  her  Master 
and  has  shewne  that  she  is  a ship  duelv  navigated  and  otherwise  qualifyed 
according  to  Law  and  has  delivered  to  him  or  such  other  person  as  afore- 


502 


COLONIAL  RECORDS. 


said  a true  and  perfect  Inventory  of  her  lading  together  with  y*  place  or 
places  in  which  y®  said  goods  were  laden  and  taken  into  ye  said  ship  or 
vessel  1 under  forfeiture  of  such  ship  and  goods. 

10°  He  shall  not  make  or  allow  of  any  Ry  lawes  usages  or  Customes 
in  our  said  province  of  Carolina  which  are  repugnant  to  y®  Lawes  herein 
before  mentioned  or  any  of  ym  so  far  as  they  do  relate  to  our  sayd  plan- 
tations or  any  of  them  or  to  any  other  Law  hereafter,  to  he  made  in  this 
our  Kingdom  so  farr  as  such  law  shall  relate  to  and  mention  ye  said 
Plantations  But  he  shall  declare  all  such  Lawes,  Bylawes,  usages  or  Cus- 
tomes in  our  sayd  Province,  which  are  anywise  repugnant  to  yc  fore- 
mentioned 'Lawes  or  any  of  them,  to  be  illegall,  null  and  voyd  to  all  in- 
tents & purposes  whatsoever. 

11°  He  shall  be  ayding  and  assisting  to  y®  Collector  & other  officers 
appointed  or  that  shall  hereafter  he  apointed  by  y*  Com"  of  our  Customes 
in  England  by  and  under  y®  authority  and  direction  of  our  Lord  High 
Treasurer  of  England  or  Com  is"  of  our  Treasury  in  England  for  y®  time 
being  in  putting  in  execution  y®  several  1 acts  of  Parliament  before  men- 
tioned and  he  shall  cause  due  prosecution  of  all  such  persons  as  shall  any 
ways  hinder  or  resist  anv  of  our  said  Officers  of  our  Customes  in  y®  per- 
formance of  their  duty. 

12°  He  shall  take  care  that  upon  any  actions  suites  and  Informations 
that  shall  be  brought  comenced  or  entred  in  our  said  province  of  Caro- 
lina upon  any  Law  or  statute  concerning  our  Dutys  or  ships  or  Goods 
to  be  forfeited  by  reason  of  any  unlawfull  Importations  or  Exportations 
there  be  not  any  jury  but  of  such  as  are  Natives  of  England  or  Ireland 
or  are  born  in  any  of  our  said  Plantations. 

13.  If  he  shall  discover  that  any  persons  or  their  assignes  clayming 
any  right  or  property  in  any  Islands  or  Tracts  of  Land  upon  ye  conti- 
nent of  America  by  Charters  or  Letters  Patents  shall  at  any  time  here- 
after alien  sell  or  dispose  of  any  of  y®  said  Islands,  Tracts  of  Land  or 
Proprietys  .other  then  to  our  naturall  born  subjects  of  England,  Ireland, 
Wales  or  Berwick  without  y®  Licence  and  consent  of  us  our  heirs  and 
Successors  by  our  or  their  order  in  Councill  first  had  and  obtained  He 
shall  give  notice  thereof  to  us  or  to  our  Lord  High  Treasurer  of  England 
or  Comis"  of  our  Treasury  in  England  for  the  time  being. 

14.  He  shall  take  care  that  all  Places  of  trust  in  y®  Courts  of  Law  or 
in  what  relates  to  y®  Treasury  of  our  said  Province  be  in  y®  hands  of 
our  Native  born  subjects  of  England  or  Ireland  or  y®  Plantations. 

15.  He  shall  from  time  to  time  correspond  with  y®  Comis"  of  our  Cus- 
tomes here  in  England  for  y®  time  being  and  advize  ym  of  all  failures,  neg- 


COLONIAL  RECORDS. 


503 


lects,  frauds  and  misdemeanours  of  any  of  y®  Officers  of  our  Customes  in  our 
gd  provinc.e  and  shall  also  advize  ym  as  occasion  shall  offerr  of  all  occur- 
rences necessary  for  their  information,  relating  either  to  ye  aforesaid 
Laws  of  trade  and  navigation  and  to  our  Revenues  of  Customes  and 
other  dutys  under  their  management  both  in  England  and  y®  Plantations. 

16.  Whereas  by  y®  aforesaid  Act  for  preventing  fraudes  and  regulating 
abuses  in  y®  Plantation  trade  ’tis  provided  for  v®  more  effectual  I preven- 
tion of  frauds  which  may  be  used  to  elude  y®  Intention  of  y®  said  Act  by 
colloring  foreigne  ships  under  English  names  that  from  and  after  y®  25th 
of  March  1698  no  ship  or  vessel]  shall  be  deemed  or  pass  as  a ship  of  y® 
built  of  England,  Ireland,  Wales,  Berwick,  Guernsey,  Jersey  or  any  of 
our  Plantations  in  America  so  as  to  be  qualified  to  trade  to,  from,  or  in 
any  of  our  said  Plantations  untill  y®  person  or  persons  clavming  prop- 
erty in  such  ship  or  vessell  shall  register  v®  same  in  maner  thereby  di- 
rected And  whereas  bv  an  Act  past  in  y®  ninth  and  tenth  yeare  of  our 
Reigne  entitled  an  Act  for  enlarging  y®  time  for  registering  of  ships  pur- 
suant to  y®  Act  for  preventing  frauds  and  regulating  abuses  in  y®  Planta- 
tion trade  nine  months  longer  time  from  y®  said  25th  of  March  1689  are 
granted  and  allowed  for  y®  registring  of  such  ships.  And  it  is  provided 
that  all  such  ships  or  vessels  being  registered  within  y®  said  nine  months 
shall  have  and  enjoy  all  such  benefit  and  advantage  of  y®  aforesaid  Act 
as  they  might  or  could  have  had  in  case  they  had  been  registered  before 
y®  25thof  March  1698  The  Comander  in  chief  of  our  said  Province  for 
y®  time  being  shall  take  care  that  no  foreigne  built  ship  be  permitted  to 
pass  as  a ship  belonging  to  our  Kingdom  of  England,  Ireland,  Wales  or 
to  our  town  of  Berwick  upon  Tweed  untill  proof  be  made  upon  oath  of 
one  or  more  of  y®  owners  before  y®  Collector  or  Comptroller  of  our  Cus- 
tomes in  such  Port  to  which  she  belongs  or  upon  like  proof  before  y° 
said  Comander  in  chief  with  y“  principal!  Officers  of  our  revenue  resid- 
ing in  our  said  Province  if  such  ship  shall  belong  to  our  said  Province 
which  oath  v®  said  Comander  in  chief  and  v®  Officers  of  our  customes 
respectively  are  authorized  to  administer  in  maner  thereby  directed  And 
being  attested  by  him  or  them  so  administring  v®  same,  and  registred  in 
due  forme  according  to  y®  specimen  thereunto  annexed,  he  shall  not  favle 
immediately  to  transmit  a duplicate  thereof  to  y®  Court  Comis"  of  our 
Customes  in  London  in  order  to  be  entered  in  a general  Register  to  be 
there  kept  for  that  purpose  with  penalty  upon  every  ship  or  vessell 
trading  to,  from  or  in  any  of  our  said  Plantations  in  America  after  v® 
said  25th  of  March  1689  and  nine  months  longer  as  aforesaid  and  not 
having  made  proof  of  her  built  and  property  as  by  y®  forementioned  Act 


COLONIAL  RECORDS. 


504 


is  directed  that  she  shall  he  lyable  to  such  prosecution  and  forfeiture  as 
any  foreigne  ship,  except  Prizes  condemned  in  our  High  Court  of  Ad- 
miralty) would  for  trading  with  our  plantations  by  y®  said  law  be  lyable 
unto  with  this  Proviso  that  all  such  ships  as  have  been  or  shall  be  taken 
at  Sea  bv  Letters  of  Mart  or  Reprisall  and  Condemnation  thereof  made 
in  our  High  Court  of  Admiralty  of  England  as  lawfull  shall  be  regis- 
tered specially,  mentioning  y®  capture  and  condemnation  instead  of  y® 
time  and  place  of  building  with  proof  also  upon  oath  that  y®  entire 
property  is  English  before  any  such  Prizes  be  allowed  y®  privilege  of  an 
English  built  ship  according  to  y®  meaning  of  y®  said  Act,  and  that  no 
ships  names  registered  be  afterwards  changed  without  registring  such 
ships  de  novo  (which  by  y®  said  Act  is  required  to  be  done  upon  any 
Transfer  of  property  to  any  other  Port)  and  delivering  up  y®  former  cer- 
tificate to  be  cancelled  under  y®  same  penaltys  and  in  like  Method  and 
that  in  case  of  any  alteration  of  Property  in  y®  same  Port  by  y®  sale  of 
one  or  more  shares  in  any  ship  after  registring  thereof  such  sale  shall 
always  be  acknowledged  by  endorsem1  on  the  certificate  of  Register  be- 
fore two  witnesses  in  order  to  prove  that  y®  entire  Property  in  such  ship 
remaines  to  some  of  our  subjects  of  England  if  any  dispute  shall  arise 
concerning  y®  same. 

17.  And  whereas  notwithstanding  y®  many  good  Laws  made  from  time 
to  time  for  preventing  of  frauds  in  y®  plantation  trade  which  have  been 
enumerated  in  these  and  former  Instructions  it  is  manifest  that  very  great 
Abuses  have  been  and  continue' still  to  be  practiced  to  y®  prejudice  ofy® 
same  wch  abuses  must  needs  arise  from  y®  Insolvency  ofy®  persons  who  are 
accepted  for  security,  or  from  the  remisness  or  conivance  of  such  as  have 
been  or  are  Governors  in  y®  severall  Plantations  who  ought  to  take  care 
that  those  persons  who  give  bonds  should  be  duly  prosecuted  in  case  of 
nonperformance.  He  is  to  take  notice  that  wee  take  y®  good  of  our 
Plantations,  and  y®  Improvem1  of  y®  trade  thereof  by  a strict  and  punc- 
tual! observance  of  y®  severall  laws  in  force  concerning  y®  same  to  be  of 
so  great  importance  to  y®  Benefit  of  England  and  to  v®  advancing  ye 
dutys  of  our  Customes  here  that  if  wee  shall  hereafter  be  informed,  that 
at  any  time  there  shall  be  any  failure  in  y®  due  observance  of  those  Laws 
within  our  Province  of  Carolina  by  any  will  full  fault  or  neglect  on  your 
part,  wee  shall  look  upon  it  as  Infraction  of  those  Laws  tending  to  y® 
forfeiture  of  our  Letters  Patent  for  y®  Government  of  that  our  said  Pro- 
vince. 1 

By  his  Majesty’s  Comand 

JA.  VERNON. 


COLONIAL  RECORDS. 


505 


[B.  P.  R.  O.  Va.  B.  T.  7.  C.  2.  (8.)] 


BOUNDS  BETWEEN  VIRGINIA  & NORTH  CARO- 
LINA ANNO  DOm  1699. 

Att  a Councill  held  at  James  Cittv  the  24th  of  February  1698  [-9] 


The  Honble  Col.  Robert  Quary  from  the  Honble  Thomas  Harvy  Deputy 
Governour  and  the  Councill  of  the  Province  of  North  Carolina  acquaints 
his  Excellency  and  the  Councill  that  the  said  Deputy  Governour  and 
Councill  of  North  Carolina  had  received  orders  from  England  for  sur- 
veying & laying  out  the  bounds  between  this  his  Maj.  Colony  and  Domin- 
ion of  Virginia  and  that  Province  of  North  Carolina  and  that  they  would 
in  a short  time  send  some  of  the  members  of  the  Councill  to  this  govern- 
ment to  be  joyned  with  such  persons  as  should  be  appovnted  here  to  lav 
out  and  settle  the  said  bounds  A prayed  that  his  Excellency  & the  Coun- 
cill would  be  pleased  to  appoint  A empower  such  persons  as  shall  be 
thought  necessary  for  that  service  to  proceed  therein  when  those  gentle- 
men shall  arrive  to  which  his  Excellency  by  the  advice  of  this  Board  did 
answer  that  the  setling  of  the  bounds  between  these  two  Colon ves  is  a 
matter  of  very  great  importance  and  publiclc  coneerne  A most  proper  to 
be  done  by  the  advice  & consent  of  a general  1 Assembly,  that  a Generali 
Assembly  was  to  meet  at  James  Cittv  /ipon  Thursday  the  27th  day  of 
Aprill  next  A therefore  he  desired  that  those  gentlemen  from  Carolina 
would  be  by  the  29th  of  the  said  month  of  Aprill  and  they  might  then  be 
sufficiently  empowered  from  that  governi1  to  lay  out  and  settle  the  said 
bounds. 


Edmond  Jennings 

His  Excellency  haveing  received  a letter  from  the  Honhl°  Thomas 
Harvy  Esqr  Deputy  Govr  of  North  Carolina  dated  the  16th  day  of  March 
60 


Present 

His  Excellency 

William  Bird  John  Light  foot  'i 

Edward  Hill  Mathew  Page  Esq" 

Edmond  Jennings  j 


i 

i 


May  2d  1699 


Present 

His  Excellency 


Richard  Lee 
William  Bird 
Edward  Hill 


506 


COLONIAL  RECORDS. 


1698  wherein  he  acquainted  Lis  Excel lcy  that  he  had  appointed  Daniell 
Akehurst  Esqr'&  Capt.  Henderson  Walker  members  of  their  Councill 
to  waite  upon  his  Excellency  with  .their  charter  in  order  to  the  setting 
the  bounds  between  these  two  governments  He  was  pleased  to  comuni- 
cate  the  same  to  the  Councill  and  also  to  acquaint  them  that  the  said 
Akehurst  & Walker  were  come  to  James  C ’ i tty  & desired  that  they  would 
consider  & advise  what  was  necessary  to  be  done  in  that  affair  and  what 
method  should  be  observed  in  treating  with  those  gentlemen  whereupon 
it  was  agreed  and  resolved  that  before  any  proceedings  were  entered  into 
with  them  it  was  requisite  and  necessary  to  enquire  how  they  were  im- 
powered  to  treat  and  conclude  with  anv  such  persons  as  should  be  ap- 
pointed by  this  govern ni‘  and  particularly  that  it  may  be  enquired  of 
them  whether  their  Governour  was  approved  by  his  Majty  and  had  taken 
the  oath  according  to  the  Act  of  Parliam4  of  the  seventh  and  eighth  years 
of  the  reign  of  his  present  Majty  entituled  An  Act  for  preventing  frauds 
and  regulating  abuses  in  the  Plantation  trade  & for  their  better  satisfac- 
tion tis  also  thought  necessary  that  his  Maj.  letters  Patents  appointing  his 
Excellency  Francis  Nicholson  Esq.  his  Lieid  and  Govern1  of  this  his 
Colony  & dominion  of  Virginia  be  communicated  to  them  and  in  order 
thereunto  the  Clerk  of  the  Councill  is  directed  to  waite  upon  them  and 
desire  them  to  be  at  the  Councill  Chamber  this  afternoon. 

POST  MERIDIEM 

His  Excellency  and  the  Councill  being  acquainted  that  according  to 
their  desire  Mr  Akehurst  & Capt  Walker  were  in  the  Hall  ready  to  wait 
upon  them  the  said  Akehurst  A Walker  were  desired  to  walke  up  into 
the  Councill  chamber  whither  being  come  his  Excellency  laid  his 
Comicon  before  them  that  they  might  be  satisfyed  he  was  fully  impow- 
ered  to  act  under  his  Majty  sis  Lt.  & Govr  Generali  of  this  his  Maj. 
Colony  & dominion  of  Virginia  and  desired  to  know  of  them  how  they 
were  impowered  to  act  in  the  affair  they  came  about,  whereupon  they 
produc’d  a Comicon  under  the  hand  and  seale  of  Thomas  Harvey  Esq" 
Deputy  Govern1,  of  North  Carolina  which  being  read  His  Excellency 
caused  the  Act  of  the  seventh  and  eighth  years  of  the  reign  of  his  pres- 
ent Majesty  to  be  read  and  desired  to  know  whether  the  said  Deputy 
Governor  was  qualified  according  to  that  Act  to  which  they  answered 
that  he  was  not  approved  of  by  the  King  as  that  Act  directs  then  his 
Excellency  desired  them  to  withdraw  and  he  would  advise  with  his 
Majtys  Honble  Councill  what  was  proper  to  be  done  and  acquaint  them 
therewith  and  accordingly  they  withdrew. 


COLONIAL  RECORDS. 


507 


Then  the  Councill  entered  upon  the  debate  & consideration  whether  it 
was  convenient  to  treat  any  further  with  those  gentlemen  from  North 
Carolina  and  forasmuch  as  it  appears  that  the  Governour  by  and  under 
whome  they  are  comiconated  is  not  qualifyed  according  to  law  the  Coun- 
cill are  of  opinion  that  he  cannot  give  sufficient  power  to  any  persons  to 
act  under  him  in  this  affair  and  to  make  a finall  conclusion  and  determi- 
nation thereof  and  therefore  it  is  not  convenient  to  proceed  any  further 
therein  at  this  time  but  that  the  Govr  of  North  Carolina  be  desired  to 
procure  sufficient  power  and  instructions  from  England  for  settling  the 
bounds  between  these  two  Governments  as  soon  as  may  be  and  that  there 
may  be  the  less  trouble  hereafter,  when  it  is  to  be  done  if  Mr  Akehurst 
and  Capt.  Walker  will  agree  thereto,  It  is  thought  convenient  that  the 
Charter  of  the  Proprietors  of  Carolina  be  recorded  in  the  Sec"y’s  office 
and  accordingly  the  said  Akehurst  and  Walker  being  called  in  and  ac- 
quainted with  the  proceedings  of  the  Councill  herein  they  consented  to 
the  recording  their  Charter  and  having  told  his  Excellency  they  would 
wait  his  commands  by  a letter  to  their  Govern1  they  withdrew 

Ordered  that  the  Clerk  of  the  Councill  doe  prepare  a letter  from  his 
Excellency  To  the  Honble  Thomas  Harvy  Deputy  Govern"1  of  North 
Carolina  acquainting  him  with  the  proceedings  of  his  Excellency  and  the 
Councill  with  the  Gentlemen  from  that  government  and  the  reasons  they 
have  proceeded  upon,  And  also  to  signify  to  him  his  Excellency’s  power 
of  making  a Judge  and  other  Officers  of  the  Court  of  Admiralty  in  that 
Province,  that  accordingly  they  are  appointed  and  if  there  be  any  occa- 
sion for  a Court  to  be  held  there  that  his  Excellency  should  be  acquainted 
therewith  in  order  to  his  giving  such  directions  therein  as  are  necessary. 

A letter  from  the  Honble  Thomas  Harvy  Esq  Deputy  Governor  of 
North  Carolina  to  his  Excellency  the  Govern"  of  Virginia 
May  it  please  yo"  Excellency 

My  honored  friend  Coll  Quary  hath  given  me  account  of  yo"  Excel- 
lency’s readiness  to  concur  with  us  in  the  setting  the  bounds  between  this 
government  and  Virginia  and  also  of  vo"  Excellency’s  offering  all  offices 
of  kindness  and  good  neighborhood  towards  us  for  which  I shall  at  all 
times  be  ready  to  express  my  thankfullness  and  to  concur  with  yo"  Ex- 
cellency in  any  thing  that  may  prosecute  the  same  In  answer  to  Yo"  Ex- 
cellency’s Order  of  Councill  I have  with  the  advice  of  the  Councill  ap- 
pointed the  HonbIe  Daniel  Akehurst  Esq  A Capt.  Henderson  Walker 
members  of  the  Councill  to  waite  upon  Yo"  Excellency  with  the  Charter 


508 


COLONIAL  RECORDS. 


at  the  time  proposed  by  the  said  Order  with  full  power  to  setle  that 
affair  and  am 

Yor  Excellency’s 

Humble  Servant 


THOMAS  IIARVY 

North  Carolina 

March  the  18th  1698(-9.) 

To  His  Excellency  Francis  Nicholson  Escj. 

his  Maj.  Governor  of  Virginia 


COPY  OF  TIIEIIt  COIllISSION. 

North  Carolina — ss. 

BY  THE  HONble  THE  DEPUTY  GOVERNOR 

In  pursuance  of  an  Order  of  Council!  bearing  date  the  16th  day  of 
this  instant  month  of  March  I doe  hereby  comissionate  and  appoint  you 
Daniell  Akehurst  Esqr  & Capt.  Henderson  Walker  on  behalf  of  this 
Governm*  to  go  to  James  Citty  in  his  Maj.  Colony  of  Virginia  to  treat 
conclude  and  agree  with  that  government  concerning  the  laying  out  and 
setling  the  bounds  between  this  Province  of  Carolina  and  his  Maj.  Col- 
ony of  Virginia  aforesaid  according  to  the  charter  granted  to  the  Lords 
Prop"  of  Carolina  hereby  fully  authorizing  you  & impowering  you  to 
proceed  there  by  such  ways  and  methods  as  you  shall  see  convenient 
Given  under  my  hand  and  seale  the  17th  day  of  March  in  the  eleventh 
year  of  the  reign  of  our  Soveraigne  Lord  William  the  third  King  of 
England  &c.  Annoque  Dm  1698(-9.) 

THOMAS  HARVY 

A letter  from  his  Excellency  the  Governor  of  Virginia  to  the  Deputy 
Governour  of  North  Carolina 


Honble  Sir 


Virginia  James  Citty  May  3rd  1699 


I received  yours  to  me  of  the  16th  of  March  last  in  answer  to  an  Or- 
der of  myself  in  Councill  dated  at  James  Citty  the  24th  day  of  Febru- 
ary last  transmitted  unto  you  by  Coll  Quary  pursuant  also  to  what  you 
advise  in  that  letter  upon  the  28th  of  the  last  month  arrived  at  this  place 
Mr  Akehurst  & Capt.  Walker  the  gentlemen  appointed  by  you  & the  Coun- 
cill of  your  Province  to  agree  upon  settle  the  bounds  between  His 
Maj.  Colony  & Dominion  of  Virginia  '&  yor  said  Province  of  Carolina 
I shall  at  all  times  be  very  ready  to  doe  anything  that  is  requisite  on 


COLONIAL  RECORDS. 


509 


my  part  for  the  perfecting  of  a worke  which  I take  to  be  so  very  neces- 
sary and  soe  much  contributing  to  the  peace  A quiet  of  both  these  Col- 
onys  But  at  present  it  is  the  opinion  of  myself  and  His  Maj.  Honble 
Council  1 of  State  for  this  his  Colony  and  Dominion  of  Virginia  that  I 
cannot  safely  Comissionate  any  persons  to  treat  with  the  Gentlemen  from 
your  Province  about  this  affair  We  have  not  any  designe  of  delaying  soe 
good  a worke  but  we  are  desirous  that  when  it  is  done  it  may  be  effect- 
ual 1 and  valid  in  all  time  comeing  and  that  we  think  the  Gentlemen 
appointed  by  you  are  not  sufficiently  qualif'ved  to  doe.  Our  reason  for 
this  opinion  is  ground'd  upon  an  Act  of  Parliament  of  the  7th  A 8th 
years  of  his  present  Majty  entitled  An  Act  for  preventing  frauds  and 
regulating  abuses  in  the  Plantation  trade  which  1 have  given  to  the 
gentlemen  for  your  more  particular  satisfaction  herein  By  this  Act 
it  is  enacted  that  all  the  then  present  Governors  or  Comanders  in 
chiefe  of  any  English  Colonys  or  Plantations  shall  before  the  25th  day 
of  March  1(597  take  a solemn  oath  Ac.  as  in  the  said  Act  is  more  at  large 
directed  and  by  another  clause  in  the  said  Act  it  is  directed  that  all  Gov- 
ernours  nominated  A appointed  by  any  persons  or  proprietrs  who  shall  be 
entituled  to  make  such  nominaeon  shall  be  allowed  and  approved  of  by 
his  Majesty  his  heirs  A successors  signified  by  his  or  their  Order  in 
Couneill  and  shall  take  the  Oathes  enjoyned  by  this  or  any  other  Act  to 
be  taken  by  the  Governours  or  Comanders  in  Chief  in  other  his  Maj. 
Colonys  A Plantations  By  this  Act  you  may  please  to  observe  it  is  re- 
quired that  you  be  approved  of  by  His  Majty  to  be  signified  as  is  afore- 
mentioned and  that  you  likewise  take  the  said  Oathes  before  you  can  be 
sufficiently  qualifyed  to  execute  the  Office  of  Governour  or  Cofiiandr  in 
Chiefe  of  any  Propriety  And  forasmuch  as  it  doth  not  appeare  that  you  have 
complyed  therewith  we  are  of  opinion  that  it  is  not  convenient  with  us  to 
treat  with  any  person  or  persons  by  you  appointed  to  agree  upon  and 
settle  this  affair  between  these  two  Colonves  Therefore  all  further  pro- 
ceedings therein  must  for  the  present  be  suspended  untill  von  can  give 
an  account  thereof  to  those  persons  for  whoiue  you  are  concerned  and  shall 
obtein  such  approbation  A qualification  as  by  the  Act  of  Parliament 
aforementioned  is  directed  and  required  I on  my  part  shall  take  care  that 
our  proceedings  herein  may  be  laid  before  his  Majesty  for  his  further 
comands  thereupon  And  I hope  by  the  next  fall  to  receive  such  directions 
as  shall  be  thought  necessary  I desire  likewise  that  you  on  your  part 
will  take  care  to  obtaine  such  qualifications  and  Instructions  as  are  re- 
quisite for  you  By  the  consent  of  Mr  Akehurst  and  Capt.  Walker  I have 
caused  the  exemplification  of  your  Proprietors  Charter  to  be  recorded 


510 


COLONIAL  RECORDS. 


here,  soe  that  there  will  not  be  occasion  any  more  to  hazard  that  upon 
soe  long  a journey  as  to  send  it  hither  for  our  satisfaction  therein. 

I must  further  acquaint  von  that  by  a Comicon  under  the  Great  Seale 
of  the  High  Admiralty  of  England  dated  the  26th  of  .June  in  the  yeare 
1697  directed  to  Sir  Edmond  Andros  Knt  his  Maj.  Lieut  and  Govr  Gen- 
erali of  Virginia  and  to  his  Maj.  Lieut,  and  Govr  Generali  of  Virginia 
for  the  time  being  His  Maj.  hath  been  pleased  to  grant  to  the  said  Lieut 
and  Govr  Generali  of  Virginia  for  the  time  being  power  and  authority 
to  appoint  Judges  Registers  Marshalls  and  Advocates  for  the  Admiralty 
Courts  of  Virginia,  Carolina  & the  Bahama  Islands  bv  virtue  of  which 
said  Comicon  the  said  Sir  Edmond  Andros  by  several  1 Comicons  did  ap- 
point the  Honble  Edward  Hill  Esq™  Judge  Miles  Cary  Gen  Register, 
Michael  Sherman  Gen  Marshall  and  John  Taylor  Gent.  Advocate  of  the 
Court  of  Admiralty  in  this  his  Maj.  Colony  and  Dominion  of  Virginia 
and  the  Province  of  North  Carolina  and  I herewith  send  you  copyes  of 
the  said  severall  Comicons  for  vour  better  information  therein  and  I doe 
recomend  the  same  to  your  care  that  when  any  matters  shall  happen  re- 
quireing  the  presence  & service  of  the  said  Judge  and  Officers  you  will 
give  me  tymely  intimation  thereof  that  I may  give  such  directions  as  shall 
be  necessary  therein  which  is  all  at  present  from 
Yor  affect®  friend  and 

humble  servant 

For  his  Majties  FR.  NICHOLSON 

speciall  service 

To  the  HonUe  Thomas  Harvy  Esq™ 

Deputy  Governor  of  his  Maj. 

Province  of  North  Carolina 

Whitehall.  July  the  3rd  1699 

Mr  Thornburgh  attending  as  he  had  been  desired  and  being  asked 
about  the  present  Governor  in  Carolina,  how  it  comes  to  pass  that  he  has 
not  his  Maj.  approbation  as  required  by  the  Act  for  preventing  Frauds 
Ac  He  said  the  present  Governor  is  not  so  by  virtue  of  any  Commission 
or  Deputation  from  the  body  of  the  Lords  Proprietors  but  only  by  virtue 
of  the  Constitution  as  being  a Proprietor  himself  But  that  the  Lords 
Proprietors  are  thinking  to  depute  one  ere  it  be  long 


COLONIAL  RECORDS. 


511 


[B.  P.  R.  O.  Va.  B.  T.  Vol.  8.  D.  55.] 


N°  45.  VIRGINIA 

North  Carolina  July  28th  1699. 

May  it  please  Yor  Excellency 

The  continual  sickness  of  the  Honble  Thomas  Harvey  Esq  late  Dep- 
uty Governor  of  which  he  dyed  on  the  3rd  of  this  instant  letted  him 
from  returning  yor  Excell®7  an  Answer  to  vor  last  Now  these  are  to  as- 
sure yor  Excellency  y'  ye  Councill  acknowledges  yor  Excel lcy,a  Kindness 
in  putting  forward  ye  business  of  y®  bounds  between  v®  Governments  and 
y'  we  shall  not  fade  to  give  ye  Lords  Proprietors  a full  account  of  it 
and  of  ye  state  wherein  y®  business  stands  And  further  we  crave  leave  to 
represent  to  yor  Excellcy  a very  great  hardship  that  hath  been  lately  put 
upon  an  Officer  of  this  Govern1  in  Princess  Ann  County  by  one  Maclen- 
ahan  of  y‘  place  the  ground  thereof  from  the  beginning  was  this.  Some 
years  ago  y°  said  Maclenahan  came  into  this  govern*  and  commenced  snit 
against  one  Fullwood  and  process  was  issued  out  and  return  made  but 
upon  what  motives  we  know  not  he  waived  his  suit  here  and  obtained  an 
attachment  from  a Magistrate  in  y®  abovesd  County  and  procured  y® 
Under  Sherrif  to  come  to  Crow  Island  in  this  Governin'1  and  attach  y° 
goods  and  chattels  of  y®  said  Fullwood  and  complaint  hereof  being  made 
to  a Magistrate  in  this  Government  y®  Deputy  Marshall  Win.  Bray  was 
commanded  to  rescue  the  goods  being  within  the  jurisdiction  of  this  Gov- 
ernment which  he  accordingly  did  and  took  into  custody  y®  Deputy 
Sherrif  till  he  gave  bond  for  his  appearance  Ac  w°h  bond  was  readily  dis- 
charged upon  application  made  to  this  Government  bv  Capt.  Cork  y®  high 
Sherif  of  Princess  Ann  County  And  it  was  upon  this  occasion  that  Sr 
Edmund  Andros  raised  the  dispute  about  y®  bounds  of  v*  Govern'8  which 
we  hope  vour  Excel®7  will  sec  happily  ended  Now  y®  sd  Win.  Bray  makes 
complaint  but  v‘  being  lately  in  v®  abovesd  County  he  was  arrested  at  y® 
suit  of  v®  sd  Maclenahan  for  y®  rescue  he  made  within  y®  jurisdiction  of 
this  governin'  and  by  command  of  v®  same  as  afores4  and  was  compelled 
to  find  surety  for  his  appearance  there  to  answer  I therefore  with  v®  ad- 
vice of  y®  Council  do  offer  this  matter  to  your  Excel®7’8  consideration 
hoping  v‘  your  Exceloy  will  grant  him  relief  and  not  suffer  v®  Officer  to 
be  damnified  by  doing  an  Act  v‘  he  was  lawfully  commanded  within  or 
Governin'  to  doe  I have  nothing  further  to  add  not  in  y®  least  question- 
ing yor  Excel®5’8  favour  herein  saving  y'  all  endeavours  possible  shall  be 


COLONIAL  RECORDS. 


512 


used  to  raentain  an  amicable  correspondence  between  y°  two  govern- 
ments by 

Yor  Excellency’s 

most  humble  and 

obedient  Servant 

1 1 ENDERSt )N  W A LK ER 

I am  further  informed  that  some  of  v®  Magistrates  of  Princess  Ann 
County  seem  to  discourse  in  those  parts  as  if  we  had  no  further  than  a 
copy  of  y®  Patent  and  y*  it  was  no  confirmacon  which  we  believe  causes 
this  breach  I desire  if  yr  Excel®7  pleases  to  signify  to  y*  sd  Magistrates 
what  yr  Excel07  hath  seen  of  y®  patent  y*  there  may  be  no  further  trouble 
I cannot  but  return  my  acknowledgin'8  for  yr  Excel07’8  great  favours  to 
me  when  I was  last  in  yor  government  and  am  heartily  glad  to  hear  y' 
yor  Exceloy’s  noble  designs  for  y®  good  of  y*  Country  go  on  so  success- 
fully for  1 am  well  satisfyed  in  my  own  thoughts  that  Virginia  in  after 
ages  will  be  hound  to  return  thanks  to  y®  Allraighty  for  those  generous 
designs  of  woh  you  have  been  y®  only  promoter 

If  any  thing  in  these  parts  may  be  serviceable  be  pleased  to  lay  yor 
comands  wch  shall  be  assuredly  obeyed  by 

Id  EX  I ) E RSON  \Y  A LEER. 


May  it  please  yor  Excellency 

Brav  being  arrested  at  the  suit  of  Maclenahan  for  a rescue  committed 
in  Crow  Island  pretended  to  be  in  v®  govern*  of  North  Carolina  but  al- 
leged by  ye  said  Maclenahan  to  be  in  the  governin'1  of  his  Maj.  Colony 
and  Dominion  of  Virginia  and  y®  difference  appearing  to  arise  from  y® 
unsettlement  of  y®  bounds  between  the  two  Governments  I am  of  opinion 
y*  y®  defendant  Bray  may  plead  y®  special  matter  either  to  y®  jurisdiction 
of  y®  Court  or  in  justification  upon  which  v®  triall  of  y®  cause  ought  to 
be  deferred  till  y®  bounds  between  y®  two  governin'8  are  better  settled  & 
Known 

BARTH.  FOWLER,  Att7  Gen1 

James  Town 

August  17th  1699 

Norfolk  Town.  Aug*  22nd  1699 

This  letter  and  report  is  referred  to  the  Worshipful]  his  Majesties  Jus- 
tices of  Princess  Ann  County  who  at  y®  next  County  Court  are  to  make 
a report  of  y®  whole  matter  to 


COLON  I A L RECORDS. 


513 


Memorandum  That  the  charter  which  Daniel  Akehurst  and  Hender- 
son Walker  Esqr  produced  to  me  and  his  Maj.  HonbU  Council  was  an 
exemplification  of  ye  Charter  granted  by  King  Charles  2nd  which  ap- 
peared and  is  taken  by  us  to  be  an  authentick  one 

It  is  upon  record  in  y®  Secretary’s  Office  in  James  City  where  any  per- 
sons that  have  a mind  may  either  see  or  have  a copy  thereof  without  any 
further  order  from 

Honble  Sir, 

His  Excellency  being  at  present  very  much  indisposed  with  a leaver 
has  commanded  me  to  acquaint  you  y‘  he  has  received  yor  letter  dated  at 
North  Carolina  28th  July  1699  ^ Mr  Kendal  and  has  taken  care  to  doe 
what  in  him  properly  lies  in  order  to  redress  the  grievance  complained  of 
by  your  Goverment  in  relacon  to  ye  difference  between  Maclenahan  and 
Bray.  He  referred  ye  matter  to  me  as  Attorney  Gen11  to  which  I made 
a Report  according  to  y°  inclosed  Copy  And  since  y‘  his  Excellency  has 
not  only  caused  a copy  of  yor  letter  and  mv  Report  to  be  referred  to  y® 
Court  of  Princess  Anne  County  but  has  certified  to  vm  y‘  yc  Charter  you 
produced  to  Him  & his  Majtys  Honbl®  Couneill  was  in  their  opinion  an 
authentick  exemplification  of  y°  Charter  Grant  in  James  City  where  any 
person  may  have  a copy  thereof  without  any  further  Order  so  y‘  it  must 
be  Bray’s  own  laches  if  any  thing  is  done  to  his  disadvantage  or  to  y® 
prejudice  of  yor  Goverment  therein.  His  Excellency  has  heard  nothing 
of  Mad®  Smith  and  Negros  supposed  to  be  run  away  & harboured  in  yor 
Govern  m4  which  he  expected  he  should  before  this  and  has  allso  com- 
manded me  to  acquaint  you  that  several  servants  and  slaves  are  daily 
running  from  hence  into  your  Governm4  and  are  there  concealed  woh  he 
hopes  you  will  take  care  to  prevent  by  a proclamation  to  y4  purpose  or 
such  other  method  as  you  shall  judge  most  expedient.  He  allso  returns 
you  thanks  for  yor  good  opinion  of  him  & assures  you  that  nothing  on 
his  part  shall  be  wanting  to  men  tain  the  good  correspondence  you  desire 
Here’s  no  news  etc. 

Yor  Hon”  most  humble  Servant 

BARTH.  FOWLER 

Virginia  August  27th.  1699. 

Copy  of  a letter  to  y®  Deputy  Govern®  of  North  Carolina 

May  it  please  Yor  Excellency. 

I received  from  Mr  Fowler  acc4  of  yor  Excellency’s  care  in  Bray’s 
business  and  return  you  our  hearty  thanks  And  as  to  what  Mf  Fowler 


61 


514 


COLONIAL  RECORDS. 


intimates  concerning  runaways  however  the  matter  may  have  been  mis- 
represented to  yor  Excellency  I assure  you  v‘  neither  our  laws  nor  prac- 
tise deserves  such  an  imputation  of  evil  neighbourhood  neither  are  there 
any  runaways  harbored  here  y‘  we  can  discover  upon  diligent  enquiry 
nor  shall  any  such  thing  be  suffered  so  far  as  it  is  in  our  power  to  pre- 
vent it  We  have  (besides  statutes  against  Vagrants)  a particular  law  y‘ 
injoyns  all  persons  on  a penalty  to  apprehend  runaway  Negros  and  pro- 
hibits y®  harboring  of  them  on  yc  penalty  of  ten  shillings  every  night 
over  & above  all  damage  y*  can  be  proved  & I purpose  to  recommend  it 
to  ye  next  Assembly  if  any  thing  may  be  done  more  effectually  to  pre- 
vent such  a mischief  Not  long  ago  information  was  made  to  me  <fc  y° 
Council  that  one  Grand  at  ye  Sand-banks  had  entertained  some  persons 
suspected  to  be  runaways  from  Esqr  Corbin  for  which  he  now  stands 
bound  over  to  ye  next  Generali  Court  I myself  at  my  own  charge  sent 
as  far  as  Pamplico  after  those  runaways  and  since  here  advice  yl  some  of 
ym  died  by  famine  in  y®  uninhabited  part  of  this  Government  And  I be- 
lieve many  other  yl  fly  this  way  are  lost  after  y*  same  or  such  like  man- 
ner endeavoring  to  escape  to  S.  Carolina.  I thankfully  accept  of  yor 
Excel078  papers  of  public  news  by  Col.  Qnarv  and  assure  yor  Excel07  y‘ 
we  desire  nothing  more  than  to  mentaine  a right  understanding  between 
these  Goverm1*  And  it  shall  always  be  the  care  of  Yor  Excellency’s 

most  humble  Servant 

HENDERSON  WALKER 

October  ye  10th  1699. 

I heartily  congratulate  vor  Excel08  recovery  and  if  your  Excel07  hath 
occasion  for  timber  or  any  thing  else  that  may  lx?  serviceable  to  you 
please  to  command  your  humble  servant  H.  W. 

Virginia  James  City  9ber  8th  1699 

Honbl®  Sr 

I received  of  Oct.  10th  by  the  Honble  Col.  Robt.  Quarry  and  inclosed 
is  a copy  of  the  Report  of  his  Maj.  Justices  of  Princess  Anne  County 
If  you  suspect  y*  there  should  be  a suspension  of  y°  prosecution  of  y* 
affair  his  Maj.  Honble  Council  and  myself  are  of  opinion  yt  Win.  Bray 
ought  to  give  good  & sufficient  security  to  answer  Macklenahan’s  suit  in 
case  y 1 Crow  Island  be  found  within  this  his  Maj.  Colony  and  Dominion 
of  Virginia. 

I have  written  to  y®  Rt.  Honble  his  Majesty’s  Secretary  of  State  and 
to  the  Lords  of  the  Council  for  Trade  & Plantations  about  the  Bounds 
as  I promised  you  when  I was  here  and  I am  in  hopes  some  time  this 
winter  that  I shall  receive  his  Maj.  royall  commands  concerning  y‘  affair 


COLONIAL  RECORDS. 


515 


I suppose  that  you  have  written  to  y6  Lords  Proprietors  about  it  and 
particularly  about  ye  Govern”  being  qualifyed  according  to  the  Act 
of  Parliament  ab‘  trade  Ac  of  the  7th  & 8th  of  his  Maj.  Reign. 

I am  very  glad  to  here  that  you  have  statutes  against  Vagrants  and 
a particular  law  about  Negros  but  you  must  give  me  leave  to  say  that  unless 
they  be  vigorously  put  in  execution  I fear  they  will  not  signify  much  I 
am  sorry  not  to  hear  any  thing  of  the  Negros  that  ran  away  from  Madam 
Smith  a copy  of  whose  letter  and  the  description  you  were  so  kind  as  to 
take  from  me  in  ordr  to  inquire  after  ym  I -showed  Esqr  Corbin  that  part  of 
your  letter  to  me  concerning  his  servants  and  I told  him  to  write  to  you 
which  I here  he  did  and  returned  you  thanks  Ac.  If  such  fellows  as 
Grandee  be  but  made  examples  I suppose  it  will  be  one  of  the  properest 
ways  to  prevent  ye  like  clandestine  dealings  of  the  future. 

I herewith  send  you  a Proclamation  for  ye  apprehending  of  Pyrats  Ac. 
which  1 have  caused  to  be  published  in  all  y®  Countyes  of  this  his  Maj. 
Colony  of  Virginia  I believe  it  may  be  for  his  Maj.  service  and  if  you 
please  to  issue  out  one  in  your  Government  for  the  apprehending  A se- 
curing of  these  pyrats  or  any  others  And  inclosed  is  the  copy  of  a letter 
which  1 had  from  his  Grace  the  Duke  of  Shrewsbury  who  was  then  his 
Maj.  Principal  Secretary  of  State  about  Pyrats  Ac.  as  also  of  one  from 
the  right  Honb,e  Mr  Secretary  Vernon. 

That  Great  Rogue  Kidd  I heare  is  in  Boston  Jail.  Col  Edward  Hill 
one  of  his  Maj.  Honbl®  Council  hero  is  appointed  by  the  right  Hon1*16  the 
Lords  of  y®  Admiralty  to  be  Judge  of  v®  Admty  both  for  Virginia  and 
North  Carolina.  He  will  write  to  you  by  this  opportunity  about  that 
affair. 

This  is  designed  (God  willing)  by  one  Mr  Joseph  Harwood  who  is 
put  by  Co"  Edmd  Jennings  one  of  his  Maj.  Honbl®  Councill  here  to  look 
after  one  David  Ross  a Carpenter  lately  run  away  from  him  as  also  one 
Thomas  Roberts  a Welchman  Ac.  who  ran  away  from  the  Revd  Mr 
John  Bernard  a Clerk  Ac. 

Therefore  I desire  that  you  would  be  pleased  to  order  all  lawfull 
assistance  to  be  given  to  him  for  the  apprehending  securing  A bringing 
back  hither  y®  said  runaways  in  doing  of  which  you  will  oblige  him 
who  is  Yotir  very  humble  Serv‘ 

ER.  NICHOLSON. 

I am  very  sorry  to  hear  that  those  Indians  which  murdered  y°  people 
A stole  v*  goods  are  like  to  come  off  without  being  brought  to  condigne 
punishment  and  y‘  it  may  not  be  an  ill  president  to  y®  Indians  in  these 
parts  and  incourage  ym  to  do  the  like  is  y®  hearty  wishes  of 


F.  N. 


COLONIAL  RECORDS. 


516 


Princess  Ann  County 
At  n Meeting  of  y®  Justices  12th  Oetr  1699. 

Present 

Col  Anthony  Lawson.  Mr  Henry  Woodhouse 

Mr  Benj.  Burrough.  Mr  Ilobt.  Thorowgood 

His  Excellency  having  required  that  this  Court  should  make  a Report 
to  him  of  y®  matter  in  difference  & depending  in  this  Court  between 
Nathaniel  Maelenahan  Plaintif  and  William  Bray  Defend1  which  coming 
to  tryal  at  a Court  held  for  this  County  y®  7th  Sept,  last  when  having 
received  the  letter  from  North  Carolina  to  his  Exeelcy  sent  to  us  with  his 
Excel®*'8  command  this  Court  did  order  y®  sd  difference  to  be  referred  to 
v®  next  Court  to  be  held  for  this  County  & make  report  as  followeth  viz: 
that  we  find  y*  the  island  named  Crow  Island  (where  y®  rescue  of  the 
goods  attached  for  y®  sd  Maelenahan  was  made  by  y®  Defendant  Bray)  is 
included  in  a patent  of  land  granted  to  Mr  Patrick  White  in  this  Gov- 
ernment dated  20th  April  1682  and  hath  ever  since  been  accounted  & 
held  in  this  County  and  for  which  hath  been  paid  Quit  rents  to  the  Col- 
lectors of  this  County,  allso  an  Owner  thereof  who  bought  y®  same  of  y® 
said  White  was  arrested  by  an  Under  Sherrif  of  Lower  Norfolk  County 
named  Thos.  Hall  who  submitted  & gave  security  to  y®  said  Officer  as 
he  hath  this  day  informed  us. 

Test.  PA.  ANGUS  Clar. 
North  Carolina  Novr  18th  1699. 

May  it  please  your  Exeelcy 

I received  your  Exeelcy’8  by  Mr  Harwood  and  for  what  relates  to  Bray’s 
ease  shall  give  notice  to  your  Excel®y  cfc  y®  honbI®  Council’s  opinion  to 
him  that  he  may  comply  therewith  I return  your  Exeelcy  our  hearty 
thanks  for  your  care  in  endeavouring  toobtein  his  Maj.  royall  commands 
concerning  y®  bounds  of  this  Province  and  I assure  yor  Excel®-'  that  we 
have  not  been  wanting  in  our  endeavours  to  procure  both  direction  and 
all  necessary  authority  for  proceeding  in  that  affair. 

I hope  yor  Excelcy  (notwithstanding  any  misrepresentation  that  hath  ' 
been  heretofore  made)  is  of  opinion  that  it  is  not  our  purpose  to  counte- 
nance y®  harbouring  of  runaways  but  to  punish  it  with  y®  utmost  sever- 
ity and  I crave  leave  to  intimate  to  you  that  there  must  needs  have  been 
as  great  neglect  amongst  the  people  in  Virginia  as  ever  hath  been  here 
otherwise  such  runaways  could  not  pass  so  far,  for  we  observe  that  there  are 
few  or  none  that  are  taken  here  or  supposed  to  pass  by  but  what  travel 
much  further  through  y®  inhabitants  of  Virginia  than  the  whole  extent 
of  this  Govern*  comes  to,  for  instance  this  which  Mr  Harwood  carries  out 


COLONIAL  RECORDS. 


517 


hath  travelled  on  the  high  road  from  beyond  Rappahannock  and  passed 
all  the  publick  Ferrys  allthough  Virginia  much  thicker  peopled.  I dont 
add  this  as  a pretence  for  our  negligence  but  to  y®  end  y®  inhabitants  of 
Virginia  may  be  more  careful!  that  both  may  joyn  to  prevent  such  a 
mischief. 

It  was  wholly  my  forgetful  1 ness  that  I did  not  before  acquaint  yor  Ex- 
cel®? y‘  I have  made  as  strict  an  inquiry  as  possible  concerning  Madame 
Smith’s  Negros  & doe  assure  yor  Excel®3'  that  they  are  not  in  this  Gov- 
ermnt  nor  any  other  that  can  be  suspected  to  be  run  away  except  one  of 
Esqr  Corbin’s  servants  who  lieth  here  sick  and  reports  that  three  of  his 
companions  are  dead  to  the  Southward  and  one  Negro  more  in  the  Mar- 
shall’s custody  who  was  imported  hither  in  a sloopc  He  has  been  in  Eng- 
land and  pretends  that  lie  there  served  the  Earl  of  Craven  and  that  he 
came  to  New  England  a Freeman  we  have  sent  to  the  Northern  Gov- 
ernment from  whence  he  came  but  as  yet  have  not  heard  from  his  Master. 

Concerning  y®  Indians  its  very  true  that  such  report  waspmade  to  us 
y*  we  all  generally  did  believe  that  those  unhappy  people  were  destroyed 
by  ym  And  I with  y®  advice  of  the  Assembly  sent  the  lIonbl®  Daniel  Ake- 
hurst  Esq.  to  inquire  of  the  truth  thereof  and  with  him  Capt.  Thus. 
Blount  who  was  a very  great  sharer  in  that  loss  and  was  as  strongly  per- 
swaded  as  any  man  that  the  people  in  y®  Canoe  were  indeed  murdered 
and  himself  and  family  was  in  as  great  danger  as  any  in  the  Governin' 
And  upon  their  return  they  made  report  to  me  and  v®  Councill  that  all 
y®  Indians  that  could  be  suspected  freely  upon  v®  lirst  summons  surren- 
dered themselves  and  gave  so  particular  account  of  y®  matter  and  with  so 
many  concurring  circumstances  v‘  by  all  the  inquiry  y'  they  could  make 
they  could  see  no  cause  to  fix  it  upon  any  of  them  for  y®  evidences  who  at 
a distance  seemed  strong  when  they  came  face  to  face  with  v®  Indians  could 
say  nothing  against  them  so  y'  they  returned  fully  satisfved  y‘  v'  canoe 
was  lost  bv  extremity  of  wind  and  sea  which  we  all  know  was  very  vio- 
lent at  that  time  and  so  continued  for  several  days  together. 

I with  the  advice  of  y®  Council  here  followed  your  Excel®38  good  ex- 
ample in  publishing  a Proclamation  for  apprehending  of  y®  py rates  if  they 
should  come  into  this  Government  and  we  hold  ourselves  very  much 
obliged  to  you  for  communicating  to  us  those  papers  concerning  the 
Scotts  settlement  and  shall  at  anytime  be  glad  to  be  informed  of  his 
Maj.  pleasure  by  Yor  Excel®3'  y‘  we  may  render  obedience  thereto  as  be- 
cometh  good  and  dutifull  subjects  and  am 

Yor  Excellency’s  most  humble  Servant 

HENDERSON  WALKER 


518 


C( )LONIA  L RECORDS. 


Virginia  James  Town  May  16th  1700 

Honble  Sir 

I herewith  send  you  a copy  of  what  i lately  received  from  Capt.  \Vm 
Passenger  Commander  of  her  Maj.  ship  y®  Shoreham  concerning  the 
taking  of  a pyrate  ship  Ac.  three  of  the  pyrates  were  tryed  and  con- 
demn’d and  were  order’d  to  he  bung’d  in  Princess  Ann  County  but  they 
have  made  their  escape  and  1 have  issued  out  my  Warrant  for  y®  appre- 
hending of  ym  one  of  which  is  sent  to  each  County  in  this  his  Maj.  Colony 
and  Dominion  and  1 have  ordered  the  Sherifs  of  Princess  Ann  Norfolk 
and  Nansemun  to  send  each  of  y“  one  the  next  Magistrate  in  yor  Gov- 
ern1 I desire  that  you  would  give  orders  for  y®  apprehending  of  these 
pyrats  and  I do  hereby  promise  the  same  reward  to  any  person  or  per- 
sons who  shall  take  them  in  your  governnf  as  if  they  should  be  taken 
here. 

I have  received  his  Maj.  royall  commands  about  pyrates  and  being  you 
write  that  you  & your  Council  are  obliged  to  me  for  cofnunicat- 
ing  of  ym  to  you  and  y‘  you  should  at  any  time  be  glad  to  be  informed 
his  Maj.  pleasure  by  me  yk  you  may  render  obedience  thereto  as  becomes 
good  and  dutiful  subjects  1 doe  therefore  herewith  send  you  a copy  of 
Ids  Maj.  royall  letter  to  me  upon  that  subject  with  a copy  of  my  procla- 
mation thereupon  as  also  the  copy  of  part  of  a letter  which  I have  recd 
from  y®  right  honw®  the  Lords  Commiss”  for  trade  A plantations  with  a 
copy  of  my  proclamation  thereupon  But  I herewith  send  you  y®  copy  of 
a paper  which  I recd  from  his  Excellency  the  Earl  of  Bellomont  his 
Maj.  Govr  of  New  England  N.  Yorke  Ac.  in  which  paper  are  y'  names 
of  several  persons  who  are  mentioned  in  y®  paper  sent  by  v®  Lords  Corn- 
miss"  Ac. 

I have  also  received  their  Excelcys  the  Lords  Justices  commands  con- 
cerning y®  Officers  of  y®  Admiralty  and  Customs  and  inclosed  is  a copy 
thereof  sent  you  by  him  who  is 

Your  very  humble  Servant 

FR.  NICHOLSON 


I have  thought  it  absolutely  necessary  for  his  Majties  service  to  issue 
out  a proclamation  for  apprehending  seamen  Ac.  suspected  of  pyracy  Ac 
and  inclosed  is  a copy  thereof,  as  also  another  concerning  cables  anchors 
boats  &c  Flotsom,  jetsom  lagon  Ac.  which  I would  desire  that  you  would 
give  the  people  in  your  Governf  notice  of  that  they  may  not  presume  to 
meddle  with  or  take  any  such  thing  within  this  his  Maj  Colony  and  Do- 
minion of  Virginia  And  I hope  you  will  give  suitable  directions  Ac.  for 
apprehending  seamen  suspected  of  pyracy  Ac-. 


COLONIAL  records. 


519 


If  you  have  any  packets  letters  &<\  to  send  to  England  the  Fleet  is 
designed  to  sail  thither  from  Kikotan  at  the  mouth  of  James  River  on 
Wednesday  the  5th  of  June  and  his  Maj  ship  the  Shoreham  is  to  convoy 
ym  40  or  50  leagues  off  on  board  of  whom  is  designed,  God  Willing  to  be 

F.  N. 


[B.  P.  R.  O.  B.  T.  Proprieties.  Vol.  4.  D.  22.] 


AN  ABSTRACT  OF  THE  TITLE  OF  DANIEL  CONE  THE 
PRESENT  PROPRIETARY  UNTO  Y®  PROVINCE 
OF  CAROLINA  ALIAS  FLORIDA  IN 
NORTH  AMERICA. 

A Patent  was  granted  by  King  Charles  v°  First  on  y°  30th  of  October 
in  ye  Fifth  yeare  of  his  Reign  unto  Sr  Robert  Heath  his  Attorney  Gen- 
eral of  a Country  in  North  America  lying  and  being  between  the  30th  & 
36th  degrees  of  Latitude  inclusive  extending  from  the  North  or  Atlan- 
tiek  Ocean  unto  the  South  or  Pacifick  Sea  and  all  and  every  part  thereof 
not  being  then  actually  in  the  possession  of  any  Christian  Prince  or 
State. 

Sir  Robert  Heath  made  a conveyance  of  ye  premisses  unto  the  Lord 
Maltravers  son  and  heir  of  the  Earl  of  Arundell  and  Surrey  Earl  Mar- 
shall of  England  y®  2d  of  December  in  the  13th  year  of  King  Charles 
y®  First. 

The  said  Province  was  sold  & conveyed  to  Sr  James  Hayes  by  Henry 
Duke  of  Norfolk  Earl  Marshall  of  England  y®  17th  of  June  in  y®  30th 
yeare  of  y®  Reign  of  King  Charles  y®  2nd  1378. 

A conveyance  of  the  said  Province  was  made  by  Lease  A Release 
from  Henry  Duke  of  Norfolk  Earl  Marshall  of  England  A Sir  James 
Hayes  Knight  unto  Sr  James  Shaen  Knight  & Baronett  the  25th  A 26th 
of  July  in  v®  34th  of  the  reign  of  King  Charles  the  Second. 

Lastly  a conveyance  was  made  by  Lease  & Release  from  Sr  Arthur 
Shaen  Baronett  son  A heir  of  Sr  James  Shaen  Knight  & Barronett  of  the 
Premisses  unto  Daniel  Coxe  the  present  Proprietary.  Dated  y®  24th  A 
25th  of  June  in  the  year  of  our  Lord  1696  being  the  Eighth  year  of  the 


520 


COLONIAL  it  LOOK  I)S. 


[B.  P.  K.  O.  North  Carolina.  B.  T.  Vol.  4.  p.  81.] 


London  Dec’’®1'  y®  20 — 1699 

Gentlemen 

The  Reverend  Doctor  Bray  a learned  pious  & Charitable  man,  coining 
into  America  Suffragan  & Comissary  to  y®  Bishop  of  London  yor  Dioce- 
san & designing  to  give  you  a visit  Wee  thought  fit  to  let  you  know  it  & 
desire  you  to  treat  him  with  all  kindness  & respect  & place  y®  charge  to 
v°  publique  acc°  Among  other  good  offices  he  will  be  able  to  mediate  in 
any  difference  that  may  be  betweene  Virginia  & us  concerning  wch  A 
your  other  affayrs  you  arc  like  suddenly  to  heare  from  us  at  large 
We  are 

Gentlemen 

Your  very  affectionate 


friends 

BATHE  Palatine 
CRAVEN 

BATHE  for  LORD  CARTERET 
M ASHLEY. 

i Tho  : Harvey  Esqr 
Deputy  Governour  & 
to  our  Deputys  & Coun- 
cell of  North  Carolina. 

W"  THORBURGH  for  Sr 
JOHN  COLLETON 
THO  AMY 
Wm  THORNBURGH 

[Records  of  Perquimans  Precinct  Court.J 


January  1699. 

At  a Court  Holden  At  the  Hous  of  Mr  James  Oates  The  Secont  Monday 
Janeuary  1698-9  for  The  prcinct  of  Piquemons 

Present  Mr  Calleb  Calleway  Ca‘  Ralph  ffletcher  Mr  John  Whed  Mr 
Samuel  Nicholson 

Mr  Daniel  Akehurst  vars  Stephen  Manwaren 

In  Plea  of  debt  y®  sd  Manwaring  by  his  Aturney  Collom  fflyn  Con- 
fesed  Judgment  ordered  that  Stephen  Manwaren  pay  to  Daniel  Ake- 


COLONIAL  RECORDS. 


521 


hurst  eigh  pound  one  Sliilling  And  one  penney  In  poork  With  Cost  Ales 
Exce. 

The  Hon  Thomas  Harvey  vars  William  Barrow  Executor  of  John 
Bently  desesed 

In  a plea  of  ye  Case  ye  Corte  referd  It  to  v®  Jure  y°  Jure  on  thare 
Oath  Say  they  find  for  y®  plaintef  fower  pound  fifteen  Shilling  In  poork 
ordered  that  William  Barrow  pay  to  y®  Ho1  Thomas  Harvey  fower  pound 
fiften  Shillings  In  poork  With  Cost 

Upon  a peticon  of  Mager  Samuel  Swann  Shewen  that  Beniamen  (bid- 
den Is  Indebted  to  him  two  pound  eigh  Shillings  and  eigh  pence  Halfe 
penney  and  he  haven  obtained  an  atachment  against  y®  Estate  of  y®  sd 
Hidden  and  noe  Repleve  apeares  and  two  Hoggs  and  a parsel  of  corn  be- 
ing atached  at  his  Sute  ordered  that  y®  Marshal  deliver  y®  two  Hoggs  and 
Soe  Much  Sheld  Corn  At  twenty  pence  ^ bushel  as  Will  pay  y®  sd  debt 
With  Cost  and  trobel  of  Shellen  and  to  deliver  y®  Same  At  Burroses 
Landen 

Mr  James  Long  Proved  A Letter  of  Atturney  of  James  Hogg  ffirne- 
ful  Green  Thomas  I hears  and  each  of  .them  theire  Wifcs  by  Thomas 
Long  and  William  Iveeter 

Mr  James  Long  Aturney  to  James  Hogg  and  ffirneful  Green  and 
Thomas  Piears  and  each  of  theire  Wife  acknowledg  A deed  of  Sale  for 
A tracte  of  Land  In  yoapim  up  y®  Indien  Crock  to  William  Long 

Cap*  Henderson  Walker  Exeetor  to  Alexsan  Lillinoton  vars 
James  Oats 

In  a plea  of  debt  y®  sd  Oats  con fesed  Judgment  ordered  that  James 
Oats  pay  to  Henderson  Walker  thirty  two  Shillings  and  fower  pence 
halfe  penney  In  poork  With  Cost  Ales  Exce 
Mager  Samuel  Swann  vars  Richard  Bachelder 

In  a plea  of  debt  v®  sd  Bachelder  Confused  Judgment  ordered  that 
Richard  Bachelder  pay  to  Mager  Samuel  Swann  two  Hundred  and  fifty 
pounds  of  poork  With  Cost  Ales  Excec 

The  Court  Is  AJovrnd  till  to  Morro  Morning  Nine  of  y®  Clock  The 
Court  Meet 

Upon  A peticon  of  James  Oats  Shewen  That  Beniamen  Gulden  Is 
Indebted  to  him  Hive  pound  Seventen  Shillings  And  three  pence  And  he 
Haven  obtained  An  Atachm  Against  y®  Estate  of  y®  Said  Gidden  And 
No  Repleve  Apears  And  three  Sheep  one  two  yeare  ould  Hefer  on  gun 
And  A pasel  of  Wodden  Lumber  Atached  At  his  Sute  ordered  that  y® 
Shrife  Apraise  y®  Estate  According  to  Law  And  pay  to  James  Oats 


COLONIAL  RECORDS. 


o22 


live  pound  Seventene  SLi  1 ] i njr  And  three  pence  With  Cost  And  y®  over- 
plush  If  any  he  to  Return  to  y®  Said  Gidden  John  Stepney  And  Peter 
Jones  being  opinted  Apraisers 

Jonathan  Taylor  And  William  Taylor  Orfens  Being  Left  destresed 
ordered  that  they  be  Bound  to  William  Long  And  Sarah  His  Wife  Till 
they  Come  of  Age 

Thomas  Tailer  Orfen  Being  Left  destresed  ordered  that  He  lx;  bound 
to  John  Lawrence  And  Hannah  his  Wife  till  he  Conies  of  age 

Mare  Tayler  Orfen  being  Left  destresed  ordered  that  Shee  he  hound 
to  Mr  Caleb  Calleway  And  Elisabeth  his  Wife  till  Slice  Comes  of  Age 
Thomas  Hallom  Orfen  being  Left  destresed  ordered  that  he  he  hound 
to  ffrancis  fibster  And  Hannah  his  Wife  till  he  Conies  of  Age 

Upon  A peticon  of  James  ftewox  Shewen  that  Was  two  dayes  Comen 
to  Court  And  on  day  Atenden  two  dayes  going  Home  being  Sepened  by 
George  deare  ordered  that  George  Dear  pay  to  James  fiewox  Nine  Shil- 
lings And  two  pennce  With  Cost 
Thomas  Norcom  vars  Georg  Matiies 

In  A plea  of  debt  y®  Sd  Mathes  Not  Apearen  ordered  y4  y®  Marshall 
Bring  y®  Sd  Mathes  to  y®  Next  Cort 
Christopher  Butler  vars  James  FFisher 

In  a plea  of  defamation  tliar  being  a folt  in  y®  declaration  ordered  that 
he  he  Nonsuted  & pay  Cost  CALEB  CALLAWAY 

RALPH  FFLETCHER 
SAMUEL  NICKOLSON 

N.  Carolina — ss 

At  A Councel  Holden  y®  first  day  of  December  Anno  D 1698 
Ord  That  upon  Any  Action  or  Sute  brought  Before  Any  Court  In 
this  Governft  Wharein  the  Plaintife  Shall  he  Nonsute  or  verd4  he  found 
for  the  defend4  Tn  Such  Case  ye  Plaint  if  Shall  Pay  to  y®  defend4  five 
Shills  over  And  Above  his  Cost  And  shall  he  berred  All  further  Sute 
In  That  Case  till  y®  Said  Sum  be  Satisfied. 

Ver  Cop  W.  Glover  Cl  Cour 
April  1699 

At  A Court  Holden  for  y®  Precinct  of  Piquemons  At  y®  House  of 
Mr  James  Oats  y®  Secont  Tuesday  In  Aprill  1669 
p'sent  Mr  Caleb  Caleway  Judg 
Cap4  Ralfe  ffletcher 
Mr  John  Barrow 
Mr  John  Whedby 
Mr  Samuell  Nicholson 
Mr  Isack  Willsons 


COLONIAL  RECORDS. 


523 


Samuel  Charles  And  Elizabeth  his  Wife  Acknowledg  A deed  of  Sale 
for  Land  to  Gabrill  Newby  At  y®  head  of  Piquemons. 

James  Coles  And  Mary  his  Wife  Acknowledg  An  Asignement  of  A 
pattent  for  A tract  of  Land  Lying  In  Piquemons  River  unto  John  Step- 
ney 

Georg  Deare  And  Elisabeth  his  Wife  Acknowledg  Asignement  of  A 
pattent  to  Richard  Devenport  for  Batsos  gra 

Anthony  Ilasket  And  Tobytha  his  Wife  Acknowledg  A deed  of  Sale 
for  Land  Lying  In  ye  Narroes  of  Piquemons  unto  Judey  Henbey 

ordered  that  William  Lacy  Juner  be  Constable  from  Mr  Whedbes 
Crick  Round  to  Castletons  Crick 

Mr  Richard  Plato  Proved  A letter  of  Aturney  of  John  Tuker  Exce- 
ceter  of  Joseph  Comander  by  ye  oathes  of  John  Raper  William  Simson 
Mr  Richard  Plato  vars  Stephen  Manwaren  by  an  Ataeh  for  his  tfees 
of  fifty  Shillings  And  Christefer  Butler  Atturney  to  y®  Sd  Manwaren 
Joynes  Ishu  y®  Court  Refered  It  to  y®  Jury  y®  Jury  on  thare  othes  Say 
thay  find  for  y®  Plaintef  fifty  Shillings  With  Cost 

ordered  that  Christefer  Butler  pay  to  Mr  Plato  fifty  Shillings  With 
Cost  Ales  Exeer  Against  Stephen  Manwaren  Estate 

John  Tuck  And  James  Tuck  Excecetors  of  Joseph  Comander  vars 
Stephen  Manwaren  bv  Attachment  for  flfives  doe  bv  his  Asumtion  for 
John  Warren  to  y®  Clarke  And  Shrife  ordered  that  Christefer  Butler  pav 
to  John  Tuke  three  pound  two  Shillings  & fower  peno  With  Cost  Ales 
Excer  Against  Manwaren  Estat 

John  Watts  Proved  W rits  for  three  ^sons  transported  Into  this  Coun- 
ty Whoeses  Names  ar  under  Wretten  John  Watts  Sener  John  Watts 
Juner  Catterin  W atts 

Ordered  that  James  Coles  be  overset*  of  v®  High  W aves  from  Caselton 
Crick  Brige  to  y®  yonsal 

ordered  y*  James  ft'ugeet  be  Cunstabel  for  y®  Sound  Side  and  up  pique- 
mons River 

ordered  that  Alecksander  Spence  be  overseer  of  y®  High  W aves  from 
Sitting  Creek  to  J.  P. 

Upon  a peticon  of  Christefer  Butler  Shewen  that  he  atended  v®  Court 
one  v®  account  of  Thomas  Norcom  and  evedenee  vars  Steward  one  day 
ordered  y‘  Thomas  Norcom  pay  to  Christefer  butler  two  Shillings  A Sixe 
pence  W ith  Cost 

Upon  A Peticon  of  -lanes  Stevens  Shewen  that  Shee  Attended  y®  Court 
one  day  an  evedenee  for  Thomas  Norcom  Against  Steward  ordered  that 
Thomas  Norcom  pay  to  Jeane  Stevens  two  Shillings  and  Sixe  pence 
With  Cost 


524 


COLONIAL  RECORDS. 


ordered  that  Thomas  Long  and  Thomas  Norcom  be  Apraisers  of 
donatlmn  Tayler  Estate  and  Mr  John  Barrow  Sware  yc  Apraisers 
ordered  that  Joseph  Suting  Sener  be  overseer  of  y®  High  Waves  from 
Suting  Crick  to  y®  yonsall  place  In  Littel  River 

ordered  that  John  Claper  be  Constabel  for  y*  North  Side  of  Piquemons 
River. 

CALEB  CALLAWAY 
RALPH  FFLETCHER 
JOHN  BARROW 
SAMUEL  NICKOLSON 

July  1699. 

At  a Court  Holden  for  y®  Precinct  of  Pequemons  At  y®  Hons  of  Mr 
James  Oats  y®  Secont  Tuesday  In  July  1699 
Prsent  Ca*  Ralph  ffletcher 
Mr  John  Barrow 
Mr  John  Whedby 
Mr  Samuel  Nicholson 
Mr  Isack  Willson 

John  Stepney  and  Marcy  his  Wife  Aeknowledg  a deed  for  three  Hun- 
dred Acres  of  Land  In  Piquemons  to  James  Coles  River. 

Upon  a complaint  of  Mager  Samuel  Swann  that  Jonathan  Tailer 
Stands  Indebted  thirty  three  Shillings  and  fower  peence  for  a sirvay  or- 
dered that  Mr  Calleway  pay  to  Mager  Swann  thirty  three  Shillings  and 
fower  peence  With  Cost 

ordered  y*  John  Parish  be  overser  of  ye  High  M ayes  from  ye  fferry 
to  Mr  Whedbys  path 

RALPH  FFLETCHER  JOHN  WHEDBE 
JOHN  BARROW  SAMUEL  NICKOLSON 
ISAAC  WILLSON 


Oct  1699 

At  A Court  Holden  for  the  prcinet  of  Piquemons  At  y®  House  of  James 
Oats  ye  Secont  tusday  In  October  1699 

PrSent  Cap*  Ralph  ffletcher  Mr  John  Barrow  Samuel  Nicholson  Mr 
Isack  Willson 

The  Court  AJoyrnd  till  to  Morro  Eigli  of  ye  Clock 
y®  Court  Met 

Samuel  West  Proved  A Letter  of  Aturney  of  Richard  AdkinsoneS  by 
Samuel  Nicholson  And  Samuel  Charles. 


COLONIAL  RECORDS. 


525 


Upon  A referance  Lett  to  y®  Court  between  James  Oats  And  daniel 
Snookes  Conoarnen  Clarks  tfees  and  Shrifes  dees  ye  debt  being  paid 
ordered  that  daniel  Snook  pay  ye  dormer  Charge  And  James  Oats  pay  y® 
Charge  of  y®  A rest 

Christefer  Butler  vars  James  ffisher 

In  A plea  of  debt  y®  Sd  ffisher  Not  Apearing  ordered  that  y®  Mar- 
shall bring  y®  Sd  ffisher  to  y®  Next  Court  to  Answer  y®  Sute  of  Chris- 
tefer  Butler 

Christefer  Butler  vars  James  FFisher 

In  A [ilea  of  defamation  y®  Sd  ffisher  Not  Apearen  ordered  that  y® 
Marshall  bring  y®  Sd  ffisher  to  y®  next  Court  to  answer  v®  sd  Sute  of 
Christefer  Butler. 

William  Hall  Aeknowledg  A dede  of  Sale  for  all  y®  Estate  of  An 
Peterson  desesed  to  James  Coles 

Ordered  that  James  Perisho  be  overser  of  y®  High  Wayes  from  y® 
pine  Marked  With  J.  P.  to  y®  grate  brig  over  y®  Head  of  y®  River 
Ordered  that  Thomas  Long  be  overseer  of  y®  High  Waves  from  y® 
Chowan  brige  to  James  Oats 

Ordered  that  John  Barrow  .Inner  be  overseer  of  y®  High  Waves  from 
Edward  Willson  And  y®  heade  of  James  Coles. 

RALPH  FFLETCHER  SAMUEL  NICKOLSON 

JOHN  BARROW  ISAAC  WILLSON 


1700. 

[B.  P.  R O.  B.  T.  Virginia.  Vol.  37.  p.  368.  Extract.] 

LORDS  OF  TRADE  TO  GOVr  NICHOLSON 
4 JANUARY  1699-1 700. 

For  the  Honbl®  Francis  Nicholson  Esq"  II is  Majesty’s  Lieutenant  and 
Governor  General  of  his  Majtv’s  Colony  & Dominion  of  Virginia  in 
America  or  for  y®  Lieut.  Govr  or  Comandr  in  chief  of  y®  said  Colony  for 
the  time  being. 

Sr 

We  received  some  time  past  your  letter  of  the  1st  of  July  together 
with  the  papers  therein  mentioned  and  refer’d  to. 


520 


COLONIAL  RECORDS. 


We  have  considered  all  you  write  and  the  papers  you  refer  to,  relating 
to  the  fixing  of  the  boundaries  between  Virginia  and  North  Carolina 
and  are  satisfied  with  your  proceedings  therein  What  remains  to  be  done 
by  you  in  the  meanwhile  until  Comiss”  from  Carolina  duly  qualifyed  be 
appointed  to  treat  about  that  matter  is  That  you  take  care  that  those  who 
have  settled  any  lands  in  those;  confines  upon  Virginia  Patents  be  pro- 
tected against  the  people  of  Carolina  and  that  you  assert  his  Maj.  right 
against  their  encroachments  and  suffer  no  innovation  therein  untill  those 
Boundaries  come  to  be  finally  settled  & determined. 


* 

* 

* * 

(Signed) 

STAMFORD. 

LEXINGTON 

PH.  MEADOWS. 

WM.  BLATHWAYT 

Whitehall. 

JNO.  POLLEXFEN. 

ABR.  HILL 

Januarv  4th 

1699-1700. 

[B.  P.  R.  O.  B.  T.  Proprieties.  Vol.  2G.  p.  149.] 


To  our  Right  Trusty  and  Right  Wellbeloved,  our  Right  Trusty  & 
Wellbeloved  and  our  Trusty  A:  Wellbeloved  the  Lords  Proprietors  of 
our  Province  of  Carolina  in  America. 

William  R. 

Right  Trusty  and  Right  Wellbeloved,  Right  Trusty  and  Wellbeloved, 
and  Trusty  and  Wellbeloved,  Wee  greet  you  well.  Whereas  we  have 
been  informed  that  several  Pirates  have  been  lately  seized  in  our  Planta- 
tions in  America,  and  it  being  necessary  that  due  care  be  taken  for 
bringing  them  and  all  others  that  may  in  like  manner  be  seized  hereafter 
to  condign  punishment,  we  do  hereby  stricktly  charge  & require  that  you 
cause  to  be  sent  hither  in  safe  custody  all  Pirates  who  are  or  shall  be 
seized  in  our  Province  of  Carolina  whereof  you  are  Proprietaries,  at  the 
time  of  your  receiving  this  direction,  and  that  you  cause  also  to  be  sent 
hither  the  Witnesses  and  other  evidences  upon  which  the  said  Pirates 
have  been  seized  & which  may  be  of  any  use  towards  their  conviction 
here  that  so  they  may  be  tryed  and  punished  according  to  Law,  and  in 
the  meanwhile  to  take  care  that  the  goods  and  effects  of  the  said  Pirates 
be  secured,  so  that  they  may  hereafter  be  disposed  of  as  shall  by  law  lie 
determined. 


COLONIAL  RECORDS. 


527 


Which  method  of  sending  Pirates  hither,  together  with  the  Evidences 
produced  against  them,  and  securing  their  Effects  you  are  upon  pain  of 
our  Displeasure  in  like  manner  to  observe  from  time  to  time  as  a stand- 
ing Rule,  with  regard  to  all  other  Pirates  that  shall  at  any  time  hereafter 
be  seized  in  our  said  Province  of  Carolina.  So  we  bid  you  heartily  fare- 
well. 

Given  at  our  Court  at  Kensington  the  10th  day  of  February  1699  in 
the  eleventh  year  of  our  Reign 

By  his  Majesty’s  Command 

JERSEY 

Memdm  his  Majesty  signed  this 

Letter  the  10th  of  Febry  1699-1700. 


[B.  P.  R.  O.  B.  T.  Proprieties.  No.  27.  p.  4.] 


Articles  of  High  Crimes  and  Misdemeanors  charged  upon  the  Gover- 
nors in  the  severall  Proprieties  on  the  continent  of  America  and  Islands 
adjacent 

* * * * * jjc 


North  Carolina.  They  have  no  settled  Government  among  them, 
about  4 yeares  agoe,  the  swift  Frigat  being  drove  out  of  Virginia  by 
storm  and  coming  a shore  upon  the  sands  in  that  Province,  the  Inhabit- 
ants Robb’d  her  and  fired  great  Guns  into  her  and  disabled  her  from  get- 
ting off,  the  chief  Offender  was  banished,  only  tis  a place  which  receives 
Pirates,  Runaways,  and  Illegal  Traders. 

Humbly  offered  by 


March  24th  1700 


ED:  RANDOLPH. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  9.  E.  2. — Extract.] 

GOVr  NICHOLSON  TO  LDS.  OF  TRADE  1 AUGUST  1700 

To  the  Rt  Honbl®  the  Lords  Commiss”  for  Trade  and  Plantations. 
May  it  please  vour  Lordships. 

****** 

With  submission  I think  that  his  Majesty’s  Governors  cannot  entirely 
concert  affairs  with  any  Proprietory’s  Governors  or  with  their  Deputies 


528 


COLONIAL  RECORDS. 


or  with  a Charter  Governor  because  li is  Maj.  interest  and  theirs  are  dif- 
ferent in  most  respects  for  they  they  may  be  compared  to  the  Pope’s  who 
from  the  first  time  that  the  Emperor’s  gave  them  temporal  power  have  by 
several  unjust  ways  and  means  got  more  and  endeavor  to  do  so  still  I am 
of  opinion  that  his  Maj  interest  and  service  in  general  and  of  my  dear 
Mother  Country  old  English  in  particular  can  never  be  rightly  managed 
till  the  rest  of  the  Proprietary  and  Charter  Governments  be  as  New 
England  and  Maryland  And  if  the  Proprietor’s  Governours  or  their 
Deputies  or  Charter  Governours  and  other  officers  in  those  Governments 
be  not  obliged  to  comply  with  the  acts  of  Parliament  for  taking  the 
Oaths  &c.  they  will  continue  to  have  a mighty  advantage  of  his  Majesty’s 
Governments 

Your  Lordships  most  obedient  & faithful  humble  Servant 

FRANCIS  NICHOLSON 

Virginia  James  Town 
August  1st  1700. 


fB.  P.  R.  C).  B.  T.  Virginia.  Vol.  9.  E.  26.] 


[Indorsed.] 

No.  10.  Virginia 

LETTER  FROM  THE  DEP'  GOVr  OF  N.  CAROLINA  TO 
COL  NICHOLSON  ART  I)R.  CONE’S  PATENTS 
REFERR’D  TO  IN  COL.  NICHOLSON’S 
Lre  OF  THE  27th  AUG.  1700. 

REGd  19th  OCT.  READ 
22  OCTr  1700. 

North  Carolina  August  12th  1700. 

May  it  please  Yor  Exc’y 

We  have  lately  heard  that  Col.  Inglesby  is  comeing  in  here  our  Govr 
Since  which  we  have  had  advice  from  ISP  Perry  who  gives  acco*  that 
himself  & Col.  Ludwell  waited  upon  one  Dr.  Cox  who  showed  them  a 
patent  granted  by  King  Charles  the  First  to  the  D.  of  Norfolk  inrol’d 
in  Chancery  now  confirmed  including  from  the  south  branch  of  Nanse- 
mond  to  35  degrees  and  two  degrees  Westerly  which  takes  in  our  Prov- 
ince and  that  there  was  a Patent  for  a great  part  of  the  land  called  Nor- 
folk granted  from  Govr  Harvey  in  31  to  a son  of  the  D.  of  Norfolk  that 
the  said  Dr.  Cox  had  some  dispute  with  the  Proprietors  of  which  if  yor 


COLONIAL  RECORDS. 


529 


Exc7  hath  any  advice  be  pleased  to  honoT  me  with  it  by  the  Bearer.  The 
HonMe  Coll  Quarry  hath  been  very  sick  here  but  is  now  upon  recovery 
If  any  thing  in  these  parts  may  be  serviceable  to  yor  Exc*7  please  to  sig- 
nify it  to 

Yor  Exc7’8  most  humble  Servant 

HENDER.  WALKER. 

The  said  Mr  Perry  tells  us  that  by  reason  of  the  said  patent  supposes 
it  will  be  under  your  Exc75  Government  of  Virginia  (which  if  soe  will 
be  aboundant  satisfaction  to  myselfe)  and  that  his  Majesty  had  paid  the 
passages  of  a great  many  French  Protestants  who  were  to  be  settled  by 
Dr.  Cox  in  Pamplicoe.  H.  W. 

James  Citty  August  27th  1700. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  9.  E.  16. — PJxtkact.] 


GOVr  NICHOLSON  TO  LORDS  OF  TRADE  27th  AUGUST 

1 700. 

Virginia  James  City  Aug‘ 27th  1700 

May  it  please  your  Lordships, 

* * * * 

N°  10  is  the  copy  of  a letter  from  Mr  Henderson  Walker  Deputy 
Governour  of  North  Carolina  by  which  your  Lordships  may  please  to 
see  what  reports  there  are  about  Dr.  Cox  and  his  Patents  I had  some 
acquaintance  with  him  and  I believe  he  is  an  honest  Gentleman  and  a 
very  good  Doctor  but  by  what  lie  told  me  concerning  his  ill  success  of 
his  Jersey  Proprietorship  I thought  he  had  done  with  all  such  projects 
but  1 am  afraid  several  people  have  abused  the  Doctor’s  good  nature  and 
generosity  by  telling  him  of  strange  countries  and  giving  him  Mapps 
thereof.  The  Marquis  dela  Muce  and  Monsieur  de  Saillv  told  me  how 
they  came  to  be  engaged  with  him  and  what  ill  success  they  had.  I wish 
that  the  Doctor  would  come  into  these  parts  of  the  world  and  run  out 
the  bound  of  his  Countries  and  then  1 suppose  he  would  have  so  much 
of  the  Continent  of  America  that  he  would  not  care  to  come  again  I 
suppose  there  is  some  mistake  about  those  two  patents  for  I think  there 
was  no  such  person  as  a Duke  of  Norfolk  in  Charles  the  First’s  time 
and  1 have  ordered  our  records  to  be  searched  and  have  done  so  myself 

<13 


COLONIAL  RECORDS. 


o30 


(but  I formerly  found  and  do  so  now  that  the  old  Records  are  not  very 
perfect)  but  can  find  no  such  Patent  granted  by  Governor  Harvey  in 
1631.  Now  I humbly  propose  to  your  Lordships  that  some  final  end 
may  be  made  concerning  these  Patents  for  our  inhabitants  who  border 
upon  North  Carolina  hearing  such  Reports  makes  them  very  uneasy  for 
I think  nobody  who  could  help  it  would  willingly  quit  being  his  Maj. 
Tenant  to  be  that  of  a Proprietors  and  the  bounds  being  at  present  un- 
certain betwixt  us  and  North  Carolina  people  do  not  much  care  to  take 
up  land  upon  an  uncertainty  for  fear  least  they  should  fall  under  a pro- 
prietorship but  I beg  leave  to  assure  your  Lordships  that  1 will  not  be 
wanting  in  my  duty  to  his  Majesty  both  in  protecting  our  inhabitants 

and  asserting  his  Majesty’s  right  to  the  lands  &c. 

* * * 

Your  Lordships  obliged 

and  obedient  humble  Servant 

FRANCIS  NICHOLSON 


[B.  P.  R.  O.  B.  T.  Proprieties.  No:  26.  p.  331.] 


A LIST  OF  THE  GOVERNORS  AND  DEI>tv  GOVERNORS  IN 
THE  SEVERN LL  PROFTIES  WHO  ARE  NOT  ALLOWED 
OF  BY  HIS  MAJESTIES  ORDER  IN  COUNCILL,  AS  IS 
ENACTED  BY  THE  ACT  FOR  PREVENTING  FRAUDS 
AND  REGULATING  ABUSES  IN  THE  PLANTATION 
TRADE  MADE  IN  THE  7th  AND  8th  YEARES  OF  HIS 
PRESENT  MAJESTIES  REIGN. 

Samuel  Cranston  Governor  of  the  Colony  of  Rhode  Island  he  refused 
to  administer  the  Oath  to  Coll : Peleg:  Sandford  Judge  of  the  Court  of 
Admiralty  as  Judge  intending  thereby  to  incapacitate  him  from  acting  as 
J udge. 

Collonell  John  Fitz  Winthrop  Governor  of  Connecticut. 

Collonell  Andrew  Hamilton  Governor  of  East  and  West  Jersyes. 

Mr  Markham  late  Lieutenant  Govern*  of  Pensylvania. 

Henderson  Walker  Governor  of  North  Carolina,  Chosen  by  the  Coun- 
cil 1 only  in  y®  room  of  Thomas  Harvey  deceased 

Joseph  Blake  Proprietor  and  Govern*  of  South  Carolina 
Read  Elding  Deputy  Governor  by  Deputation  from  Collonell  Webb 
the  late  Governor  of  Providence. 


COLONIAL  RECORDS. 


531 


Whether  the  Governors  in  the  Proprieties,  not  being  first  approved  of 
by  his  Majesties  order  in  Council]  before  they  enter  upon  their  respective 
Governments  are  qualified  to  put  in  execution  the  Acts  of  Trade  or  have 
a right  to  reeeive  the  benefit  of  forfeiture  arising  upon  the  breach  of  any 
of  the  said  Acts. 

Whether  Mr  Penn  the  present  Proprietor  and  Governor  of  the  Prov- 
ince of  Pensylvania  be  qualified  not  being  first  approved  of  by  his  Maj- 
esties Order  in  Councill,  as  by  the  aforesaid  Act  is  directed. 


[Records  of  Perquimans  Precinct  Court.] 

January  1700. 

At  a Court  Holden  for  the  pVinct  of  Piquemons  at  y8  House  of  Mr 
James  Oats  the  Secont  Tuesday  Janewary  159^ 

Prsent  Cap1  ffletcher  Judge 
Mr  John  Barrow 
Mr  Samuel  Nicholson 
Mr  ffrancis  ffoster 

Edward  Homes  and  Elizabeth  his  Wife  Ackno  a Convaenc  for  two 
Hundred  Acres  of  Land  to  John  Lilly 

Upon  A petion  of  Mr  James  Coles  according  to  Aekt  of  Asembly  for 
y8  building  of  A Mill  At  the  Head  of  y8  Indien  Crick  ordered  That 
James  Coles  May  Have  Liberty  to  build  a Mill  at  y°  Plase  Peticoned  for 
Thomas  Long  Caleb  Calleway  John  Barrow  John  Stepney  Being 
apoynted  Apraisers  of  y8  Land  accord  in  to  ye  Act  of  Asembly 
Christefer  Butler  var  James  ffisher 

In  a Plea  of  dept  y8  said  ffisher  not  apearing  ordered  that  y8  sd  ffisher 
pay  to  Christefer  Butler  three  pound  two  Shillings  and  Six  pence  and  a 
young  Cow  and  Calfe  With  Cost  upon  a Niediset 

Thomas  Norcom  and  Marv  His  Wife  Acknowledg  an  asignement  of  a 
convaenc  for  Land  In  yoapim  River  to  William  Long 

ordered  That  Daniel  Snooke  be  overseer  of  y8  High  Way  from  y*  gate 
brigeat-y8  Head  of  y8  River  to  y8  viriene  Rote  And  to  Make  a brig 
throw  y8  Mash  at  his  road 

RALPH  FFLETCHER  SAMUEL  NICHOLSON 
JOHN  BARROW  FFRANCIS  FFOSTER 


COLONIAL  RECORDS. 


532 


April  1700 

At  a Court  Holden  for  y®  p'cinct  of  Pequemons  at  ye  Hous  of  James 
Oats  y®  Secont  tuesday  In  A j>ri  1 1 1700 
Pr9ent  Capt  Ralfe  ffleteher 
Mr  John  Barrow 
Mr  Samuel  Nicholson 
Mr  ffrancis  ffoster 
Mr  I sack  Willson 

Thomas  Clarke  vars  Richard  Devenport 

I n a plea  of  y®  case  y®  ( Wt  Rcfcrd  It  to  y®  J ure  y®  J lire  on  tliare  oathes 
Say  thay  find  No  Canes  of  action  ordered  that  Thomas  Clark  Pay  Cost 
Upon  a complaint  of  James  Perisho  overser  of  y®  High  Waves  against 
Daniel  Onele  for  Not  Apearing  on  v®  Roade  ordered  that  Daniell  Onell 
pay  two  Shillings  & Six  pence  With  Cost 
Thomas  Clarke  vars  Richard  Devenport 

In  a plea  of  y®  Case  y®  Court  Referd  It  to  y®  Jure  y®  Jure  on  tliare 
oathes  Say  thay  finde  for  y®  Plaintef  thirty  two  Shillings  ordered  that 
Richard  Devenport  pay  to  Tho:  Clark  thirty  two  Shillings  \\rith  Cost 
Upon  A CSmplainte  of  James  Perisho  overse  of  y®  High  Wave 
Against  ffrancis  Jones  for  Not  Apearing  on  y®  Roade  ordered  that  ffran- 
cis Jones  pay  two  Shillings  & Six  pence  With  Cost 
Gabriel  Newby  Aturnney  to  Dorety  Bufkin  vars  Ciiristefek 
Butler  Attorney  to  Stephen  Manwaring 
In  a plea  of  y®  Case  y®  Cort  Referd  It  to  y®  Jure  y®  Jure  on  tliare 
Oathes  Say  thay  find  No  Canes  of  action  ordered  that  Gabrill  Newby 
pay  Cost 

Christefer  Butler  vars  Abraham  Hobs 

In  a plea  of  y®  Case  y®  Sd  Hobs  not  being  provided  Craves  a reference 
ordered  that  He  Have  A Reference  till  y®  Next  Court 
John  Anderson  Attorney  to  William  Smith  of  Roade  Iland 
vars  James  ffrugeett 

In  a plea  of  debt  y®  Sd  ffrugeet  Confesed  Judgment  ordered  that 
James  ffruget  pay  to  John  Anderson  fbwer  pound  Nine  Shillings  In 
poork  With  Cost 

Upon  a peticon  of  Abraham  Waren  Shewen  that  He  Has  Atended  y® 
Court  one  day  an  evedence  for  Anderson  order  that  y®  Sd  Anderson  pax- 
two  Shillings  and  Six  pence  With  Cost 

James  Thigpen  proved  a letter  of  Aturney  of  Stephen  Manwaring  by 
Gabrill  Newby  And  Thomas  Overman 

The  Court  Is  a Jorn  till  to  Morro  Eigli  of  y®  C'lock  y®  Court  Meet 


f 


COLONIAL  RECORDS.  533 


Upon  A peticon  of  John  Hopkins  that  He  Mont  Have  a Roade  for 
His  Cart  between  His  Plantations  ordered  that  He  May  Have  Liberty 
of  A Roade  Note  Inieren  Any  Mans  Plantation 

William  More  Proved  two  Writs  for  two  'flsons  Transported  Into  this 
County  Whoes  Names  Are  under  Written  vis  Himselfe  Elisabeth  His 
Wife 

Thomas  Hancoek  Proved  five  Writs  for  five  “flsons  transported  Into 
this  County  Whoes  Names  arc  under  Written  vis  Him  Selfe  Mary  His 
Wife  May  His  daughter  Elisabeth  his  daughter  John  His  Sonn 

John  Hare  proved  three  Writs  for  three  fteons  transported  Into  this 
County  W hoes  Names  Are  under  Wretten  vis  Him  Selfe  Sarah  his  Wife 
Sarah  Shadock 

William  ffryle  proved  on  Rite  for  His  transportation  and  Asigned  It 
to  Robart  Murre 

1 

Robert  Murre  proved  on  Rite  for  His  transportation 
Christefer  Butler  vars  James  ffisher 

In  a plea  of  dept  y®  Court  Referd  It  to  y®  Jury  And  y®  Jury  on  thare 
Oathes  Say  tliay  ballenee  y®  Account  And  finde  for  y®  defendant  Six 
Shillings  and  two  pence  With  Cost  ordered  that  Christefer  Butler  pay 
Six  Shilling  and  two  pence  to  Janies  ffisher  With  Cost 
James  Ward  vars  Abraham  Hobs 

In  a plea  of  y®  Case  y®  Sd  Hobs  Joyned  Ishew  but  Left  y®  Cort  And 
W ent  Away  Ordered  that  Abraham  Hobs  Pay  to  James  Ward  twenty 
five  Shillings  And  Aleven  pence  With  Cost  Ales  Excer 

Upon  A peticon  of  Christefer  Butler  Shewen  That  As  He  Atended  y® 
Court  two  dayes  An  Evedenee  for  James  Ward  Against  Abraham  Hobs 
ordered  that  James  W ard  pay  five  Shillings  .With  Cost  to  Christefer  But- 
ler 

Thomas  Clark  vars  Georg  Mathes  In  a plea  of  y®  Case  y®  Sd  Mathes 
Note  Apearen  ordered  That  y®  Marshall  bring  y*  Sd  Mathes  to  y®  Next 
Court 

Ordered  that  W illiam  More  be  Constabel 
Ordered  that  Joseph  Sutton  Sener  be  Constabe 

ordered  that  Thomas  Houghts  be  Sepened  to  y®  Next  Court  for  thare 
Neglect  upon  y®  Jure 

And  William  Lacy  v®  Same  Contempt 

RALPH  FFLETCHER 
JOHN  BARROW’ 
SAMUEL  NICKLSON 
ISAAC  WILLSON 
FFRANCIS  F FOSTER 


COLONIAL  RECORDS. 


534 


July  1700 

At  A Court  Holden  ffor  the  p'cinct  of’  Piquemons  At  the  Hows  of 
James  Oats  y®  Secont  Tuesday  In  July  1700 

prsent  Cap*  Ralph  ffletcher 
Isack  Willson  Mr  Samuel  Nicholson 

Mr  ffrancis  fibster 

ordered  that  Andrew  Reede  be  overseer  of  ve  Iliy-h  Waves  betwen 
Suttens  Crick  Brige  doun  to  depe  Cricke 

ordered  That  Israel  Snell  be  overseer  of  the  High  Wayes  from  Sut- 
tens Crick  Brigg  to  J.  P. 

ordered  that  William  Lane  he  overseer  of  y6  High  Waves  from  J.  P. 
to  ye  Hed  of  y®  River  brigge 

ordered  that  Joseph  Smith  be  overseer  of  y®  High  Wayes  from  y*  Head 
of  Caseltons  Crick  to  y®  Siprus  brigg 
Christefer  Butler  vars  Abraham  Hobs 

In  a Plea  of  y®  Case  y®  Cort  Refered  It  to  y®  Jury  y®  Jury  on  thare 
othes  Say  tliav  find  for  y®  Plaintife  five  pound  Seven  Shillings  And 
fower  pence  With  Cost  Ales  Excecution 

Thomas  Houghton  Willi  Lacy  Nathanell  Nicholson  Esay  Albartson 
Robart  Mury  ffrancis  Beasly  Willi  Hall  James  Oats  Tho:  Stevens  John 
Yats  John  Benet  Willi  ffryly 

John  Benet  Proved  Rits  for  Six  ^sons  transported  Into  this  County 
Whoes  Names  Are  under  Written  vis  Him  Selfe  Rose  His  Wife  John 
Benet  Juner  Elener  Benet  Jean  Benet  Thomas  Benet 

RALPH  FFLETCHER 
SAMUEL  NICKOLSON 
ISAAC  WILLSON 
FFRANCIS  FFOSTER 


Oct  1700 

At  A Court  Holden  At  y®  House  of  James  Oats  for  y®  prcinct  of 
Piquemons  y®  Secont  Tuesday  In  October  being  y®  8 day  Anno  1700 
Prsent  Cap1  Ralph  ffletcher 

Mr  John  Barrow 
Samuel  Nicholson 
ffrancis  ffoster 

James  Thigpen  Aturney  to  Stephen  Man  ware  n Acknowledg  A deed 
of  Sale  for  Land  And  plantation  to  John  Lilly 


COLONIAL  RECORDS. 


535 


Christefer  Butler  vars  James  Thiggpen  Aturney  to  Stephen 

Manwaren 

In  A plea  of  y6  Case  ye  Corte  Refered  It  to  ye  Jury  ye  Jury  on  tliare 
Oaths  Say  thay  find  for  ye  plaintef  fifty  pound  Starling  With  Cost 

Ordered  That  James  Thiggpen  pay  to  Christefer  Butler  fifty  pound 
Starling  With  Cost  Ales  Exee  Against  ye  Estate  of  Stephen  Manwaren 

Robarte  ffendall  Acknowledg  A deed  of  Sal  for  Land  to  ffrancis 
Beasley 

Robart  ffendall  Acknowledg  A deed  of  Sal  for  Land  to  John  Bennet 

John  Bennet  And  Rose  His  Wife  Acknowledg  An  Asignement  of  A 
deed  of  Sale  for  Land  to  William  Hall 

Daniel  Hall  And  Rose  His  Wife  Acknowledg  A deed  of  Sale  for  to 
John  Bennet  ordered  That  Anthony  Alexander  be  overse  of  y°  High 
Wayes  Upon  ye  Sound  Side 

Ordered  that  Thomas  Todd  be  overseer  of  y®  High  Wayes  from 
Bentles  Crick  to  Coles 

Ordered  that  William  Jackson  be  overseer  of  y®  High  Wayes  from 
y®  ferre  to  y®  Man  Rode 

William  White  ordered  be  overseer  of  y®  High  Wayes  from  Jcames 
Oatses  to  y®  Chowan  brigg 

If pon  A peticon  of  James  ffrugett  And  John  Stepney  Shcwen  that 
they  Atended  v®  Court  on  day  Apeeoe  An  evedenc  for  Christefer  Butler 
ordered  that  Christefer  Butler  pay  to  Each  of  them  two  Shill  And  Six 
pence  With  Cost 


To  the  Kings  most  Exeut  Majestic. 

May  it  please  &c 

Having  formerly  on  severall  occasions  humbly  represented  to  your 
Majesty  the  state  of  the  Government  under  Proprietors  and  Charters  in 
America;  and  perceiving  the  irregularities  of  these  Governments  davlv 
to  increase,  to  the  prejudice  of  Trade,  and  of  vour  Majesties  other  Plan- 


RALPH  FFLETCHER 
JOHN  BARROW 


SAMUEL  NICKOLSON 
FFRANCIS  FFOSTER 


1701. 


| B.  P.  H.  O.  B.  T.  Proprieties.  No.  27.  p.  12.] 


COLONIAL  RECORDS. 


536 


tations  in  America,  as  well  as  of  your  Majesties  Revenue  arising  from 
the  Customes  here,  we  find  ourselves  obliged  at  present  humbly  to  repre- 
sent to  your  Majesty ; 

That  those  ( 'olonies  in  general  have  no  ways  answered  the  chief  design 
for  which  such  large  Tracts  of  Land  and  such  Priviledges  and  Immuni- 
ties were  granted  by  the  Crown. 

That  they  have  not  conformed  themselves  to  the  several  1 acts  of  Par- 
liament for  regulating  Trade  and  Navigation,  to  which  they  ought  to  pay 
the  same  obedience,  and  submit  to  the  same  Restrictions  as  the  other 
Plantations,  which  are  subject  to  your  Majesties  immediate  Government, 
on  the  contrary  in  most  of  these  Proprieties  and  Charter  Governments, 
the  Governours  have  not  applyed  themselves  to  your  Majesty  for  your 
approbation,  nor  have  taken  the  Oaths  required  by  the  acts  of  Trade, 
both  which  Qualifications  are  made  necessary  by  the  late  Act  for  prevent- 
ing frauds  and  regulating  abuses  in  the  Plantation  Trade. 

That  they  have  assumed  to  themselves  a power  to  make  Laws  contrary 
and  repugnant  to  the  Laws  of  England,  and  directly  prejudicial  to  Trade, 
some  of  them  having  refused  to  send  hither  such  Laws  as  they  had  en- 
acted, and  others  having  sent  them  but  very  imperfectly. 

That  diverse  of  them  have  denyed  appeals  to  your  Majesty  in  Coun- 
ci  11,  by  which  not  only  the  Inhabitants  of  those  Colonies  but  others  your 
Majesties  subjects  are  deprived  of  that  benefit,  enjoyed  in  the  Plantations, 
under  your  Majesties  immediate  Government,  and  the  Parties  agrieved 
are  left  without  remedy  from  the  arbitrary  and  Illegal  proceedings  of 
their  Courts. 

That  these  Colonies  continue  to  be  the  refuge  and  retreat  of  Pirates  & 
Illegal  Traders,  and  the  receptacle  of  Goods  imported  thither  from  for- 
reign  parts  contrary  to  Law:  In  return  of  which  Commodities  those  of 
the  growth  of  these  Colonies  are  likewise  contrary  to  Law  exported  to 
Forreign  parts;  All  which  is  likewise  much  incouraged  by  their  not  ad- 
mitting appeals  as  afbresaide. 

That  by  raising  and  lowering  their  coin  from  time  to  time,  to  their 
particular  advantage,  and  to  the  prejudice  of  other  Colonies,  By  exempt- 
ing their  Inhabitants  from  Duties  and  Customes  to  which  the  other  Col- 
onies are  subject,  and  by  Harbouring  of  Servants  and  fugitives,  these 
Governments  tend  greatly  to  the  undermining  the  Trade  and  Welfare  of 
the  other  Plantations,  and  seduce  and  draw  away  the  People  thereof;  By 
which  Diminution  of  Hands  the  rest  of  the  Colonies  more  beneficial  to 
England  do  very  much  sutP 

That  these  Independent  Colonies  do  turn  the  Course  of  Trade  to  the 
Promoting  and  proprogating  woolen  and  other  Manufactures  proper  to 


COLONIAL  RECORDS. 


5.37 


England,  instead  of  applying  their  thoughts  and  Endeavours  to  the  pro- 
duction of  such  commodities  as  are  fit  to  be  encouraged  in  these  parts 
according  to  the  true  design  and  intention  of  such  settlements. 

That  they  do  not  in  general  take  any  due  care  for  their  own  defence 
and  security  against  an  Enemy,  either  in  Building  Foils  or  providing 
their  Inhabitants  with  sufficient  Armes  and  A munition,  in  case  they 
slionld  be  attacked,  which  is  every  day  more  and  more  to  be  appre- 
hended, considering  how  the  French  powr  encreases  in  those  parts. 

That  this  cheifly  arises  from  the  ill  use  they  make  of  the  powers  en- 
trusted to  them  by  their  Charters,  and  the  Independency  which  they 
pretend  to,  and  that  each  Government  is  obliged  only  to  defend  its  self 
without  any  consideration  had  of  their  Neighbours,  or  of  the  general 
preservation  of  the  whole. 

That  many  of  them  have  not  a regular  militia  and  some  (particularly 
the  Colonies  of  East  and  West  New  Jersey)  are  no  otherwise  at  present 
than  in  a state  of  Anarchy  and  confusion. 

And  because  the  care  of  these  and  other  great  mischiefs  in  vour  Majes- 
ties Plantations  and  Colonies  aforesaid,  and  the  introducing  such  an  ad- 
ministration of  Government  and  fit  regulation  of  Trade  as  may  put  them 
into  a better  State  of  Security  and  make  them  duly  subservient  and  use- 
full  to  England,  does  every  day  become  more  and  more  necessary,  and 
that  your  Majesties  frequent  Commands  to  them  have  not  met  with  due 
complyance : We  humbly  conceive  it  may  be  expedient  that  the  Charters 

of  the  several!  Proprietors  and  others  intitling  them  to  absolute  Govern- 
ment be  reassumed  to  the  Crown  and  these  Colonies  put  into  the  same 
State  and  dependency  as  those  of  your  Majesties  other  Plantations,  with- 
out prejudice  to  any  man’s  particular  property  and  freehold.  Which  being 
no  otherwise  so  well  to  be  effected  as  by  the  Legislative  power  of  this 
Kingdome. 

Wee  humbly  submit  tin;  same  to  your  Majesties  Royall  consideration 

Whitehall. 

March  26th  1701. 

STAMFORD 
LEXINGTON 
PH:  MEADOWS. 

Wm  BLATHWAYT 
JOHN  POLLEXFEN 
ABR:  HILL 
MATH:  PRIOR. 

64 


538 


COLONIAL  RECORDS. 


[B.  P.  K.  ().  B.  T.  Proprieties.  No:  27.  p.  47.] 


THE  LORDS  OF  TRADE  TO  THE  LORDS  OF  THE 
TREASURY. 

Aprill  29th  1701. 

Mv  Lords, 

There  being  a Rill  depending  before  the  R*  Honw°  the  House  of  Lords 
for  reuniting  to  the  Crown  the  Government  of  severall  Colonies  and 
Plantations  in  America  and  their  Lordships  having  thereupon  directed 
(as  we  are  informed)  that  Couneill  be  heard  at  their  Bar  tomorrow  being 
Wednesday,  as  well  in  behalf  of  his  Majty  as  of  the  Proprietors  con- 
cerned which  will  require  that  some  person  be  appointed  to  sollieite  the 
same  and  furnish  what  shall  be  necessary  towards  the  charge  thereof  on 
the  Kings  behalf,  wee  offer  to  yoar  Lordships,-  that  the  Sollicker  of  the 
Treasury  may  be  directed  to  take  that  care  and  furnish  the  necessary 
charge  in  assistance  to  Mr  Randolph  who  has  Orders  to  follow  that  mat- 
ter we  are 

My  Lords 

Your  Lord6’’3  most  humble 
servants 

STAMFORD 
MEADOWS 
W"  BLATHWAYT 
JOHN  POLLEXFEN 
ABR:  HILL 

Whitehall  MAT:  PRIOR 

Aprill  the  29th  1701. 


[B.  P.  R.  O.  B.  T.  Journals.  V.  14.  p.  55.] 


Whitehall.  June  11th  1701. 

Mr  Randolph  acquainting  the  Board  that  there  is  now  no  chance  of 
passing  this  Session  the  Bill  which  has  some  while  lain  before  the  House 
of  Lords  for  reuniting  to  the  Crown  the  govern1  of  several  Colonies  and 
Plantations  in  America  And  that  several  of  the  witnesses  which  he  had 
now  ready  to  have  produced  about  that  matter  will  not  be  here  at  another 
Session  of  Parliament,  Their  Lordships  desired  him  to  take  all  their 
Affidavits  that  may  be  material  before  a Master  in  Chancery  and  to  lodge 
’em  here  which  he  promised  to  do  accordingly. 


COLONIAL  RECORDS. 


539 


Whitehall  July  22nd  1701. 

Mr  Micajah  Perry  presented  to  the  Board  an  extract  of  an  Act  lately 
passed  in  Carolina  relating  to  the  currency  and  rate  of  several  coins  there 
& complained  that  those  who  had  debts  standing  out  in  that  Country, 
where  by  the  raising  of  money,  as  ordered  by  the  said  Act  defrauded  of 
30  percent  of  their  due  Whereupon  Ordered  that  a copy  of  that  extract  be 
sent  to  Mr  Thornburgh  that  he  may  know  what  the  Lords  Proprietors 
of  Carolina  have  to  say  upon  it  and  accordingly  acquaint  this  Board 
therewith 

Whitehall.  July  30th  1701. 

A letter  from  Mr  Thornburgh  of  the  29th  in  answer  to  one  Writ  him 
the  22nii  inst.  concerning  An  Act  for  raising  the  coin  in  Carolina  was 
read  Declaring  that  he  does  not  remember  that  any  such  Act  has  yet 
been  transmitted,  Or  if  perhaps  it  were  that  he  is  confident  of  the  Lords 
Proprietors  dissent  to  it. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  38.  p.  86.] 


LORDS  OF  TRADE  TO  GOV.  NICHOLSON  22  JULY  1701. 

To  the  HonMe  Francis  Nicholson  Esqr  Ilis  Map  Lieutenant  and  Gov- 
ernor General  of  his  Maj.  Colony  and  Dominion  of  Virginia  in  Amer- 
ica or  for  the  Commander  in  chief  of  the  said  Colony  for  the  time  being. 
Sup 

The  irregularities  A misdemeanors  that  have  long  been  practiced  in 
Ids  Maj.  Plantations  under  Proprietary  and  Charter  Governments  to  the 
prejudice  of  Trade  and  of  other  Governors  appointed  by  his  Maj.  imme- 
diate Commission  as  likewise  to  the  prejudice  of  his  Maj.  Revenue  aris- 
ing from  the  customs  And  the  small  effect  we  have  found  of  our  Appli- 
cation to  the  respective  Governors  of  those  Proprietary  Plantations  for 
the  redressing  such  matters  having  obliged  us  the  last  winter  to  represent 
the  same  to  His  Majesty  and  it  having  been  thereupon  thought  lit  that 
the  remedy  of  those  evils  is  not  any  other  ways  so  well  attainable  as  by 
the  Legislative  powers  of  this  Kingdom  a Bill  was  accordingly  brought 
into  the  House  of  Lords  for  reuniting  the  government  of  those  Planta- 
tions to  the  Crown  and  putting  them  into  the  same  State  and  dependency 
as  his  Maj.  other  Plantations  aforementioned  without  prejudice  to  any 
mans  particular  property  or  freehold. 


COLONIAL  RECORDS. 


540 


Rut  tiiat  Bill  l>v  reason  of  the  shortness  of  time  and  multiplicity  of 
other  business  not  having  passed  into  an  Act  And  it  being  very  proba- 
ble that  the  same  matter  may  again  come  under  consideration  the  next 
Session  of  Parliament  We  have  thought  lit  to  desire  and  do  accordingly 
hereby  desire  and  direct  you  to  get  the  best  information  you  can  relating 
to  the  conduct  of  Proprietary  Governours  and  Governments  upon  the 
several  Heads  of  Observations  that  have  been  made  of  their  undue  pro- 
ceedings whereof  we  send  you  a copy  here  inclosed  And  upon  such  other 
heads  as  you  judge  proper  to  give  a true  light  into  the  state  of  those 
Plantations  (more  especially  in  relation  to  Carolina  and  the  Bahama 
Islands)  and  to  transmit  unto  us  the  most  authentic  and  most  particular 
proofs  that  you  can  procure  of  the  truth  of  those  matters  with  all  possi- 
ble diligence  So  we  bid  you  Heartily  Farewell 
Your  very  loving  Friends 

STAMFORD 
PH.  MEADOWS 
ABR.  HILL 

Whitehall  MAT.  PRIOR. 

July  y®  22d  1701. 


[B.  P.  R.  O.  B.  T.  Va.  38.  p.  86.] 


OBSERVATIONS  RELATING  TO  THE  PROPRIETARY 
GOVERNMENTS  IN  AMERICA. 

The  Governours  of  the  Propriety  and  Charter  Governments  are  gen- 
erally not  qualifyed  by  taking  the  Oaths  required  by  law  nor  have  they 
his  Maj.  approbation  according  to  the  Acts  of  Trade  and  more  particu- 
larly the  late  Act  for  preventing  frauds  and  regulating  abuses  in  the 
Plantation  trade. 

They  have  assumed  to  themselves  a power  to  make  Laws  contrary  & 
repugnant  to  the  Laws  of  England  and  prejudicial  to  our  trade. 

Some  of  them  have  refused  to  send  hither  such  Laws  as  they  enact, 
some  neglect  to  do  it  and  others  have  sent  the  Laws  but  very  imperfect. 

Divers  of  them  have  refused  Appeals  to  His  Majesty  in  Council  by 
which  the  inhabitants  of  those  Colonies  are  deprived  of  the  benefit  al- 
lowed in  the  Plantations  under  His  Maj.  Government  and  the  parties 
aggrieved  are  left  without  Remedy  for  the  arbitrary  and  illegal  proceed- 
ings of  their  Courts 


COLONIAL  RECORDS. 


541 


Those  Proprietary  Colonies  are  the  ordinary  refuge  & retreat  of  Pirates 
& illegal  Traders. 

By  raising  and  lowering  their  coin  from  time  to  time  (as  may  be  for 
their  particular  advantage)  they  prejudice  other  Colonies  in  drawing  away 
their  money  and  likewise  draw  away  their  servants  and  people  and  har- 
bour fugitives 

They  apply  themselves  to  the*  improvament  of  woollen  manufactures 
and  other  manufactures  and  products  of  England  which  they  carry  di- 
rectly to  the  Foreign  parts  and  more  especially  to  the  Spanish  Indies 
And  they  furnish  themselves  from  Foreign  parts  with  all  sorts  of  Euro- 
pean commodities  to  the  great  prejudice  of  the  interest  of  this  kingdom. 

They  do  not  put  themselves  in  a state  of  defence  by  having  any  regu- 
lar Militia,  arms  or  ammunition 

Some  of  them  are  in  a state  of  Anarchy  and  Confusion 


[15.  P.  R.  O.  R.  T.  Virginia.  Vol.  9.  F.  12. — Extracts.] 


GOVr  NICHOLSON  TO  LORDS  OF  TRADE  2 DEC.  1701. 

Virginia  10ber  2nd  1701. 

May  it  please  Your  Lordships, 

* * * * 

I have  had  the  honor  to  receive  your  Lordships  letter  of  June  22d  con- 
cerning the  irregularities  & misdemeanors  that  have  been  long  practised 
in  His  Maj.  Plantations  and  Proprietor  and  Charter  Governments  &c. 
all  which  is  most  certainly  true  a.s  are  likewise  Your  Lordships  Observa- 
tions relating  to  the  Proprietary  Governments  in  America  and  1 am 
heartily  sorry  and  concerned  the  Parliament  hath  so  much  business  that 
a Bill  concerning  them  was  not  passed  but  I hope  in  God  it  will  this  Ses- 
sions. 

The  Honble  Col.  Robert  Quary  about  two  months  ago  touched  here  in 
his  way  home  from  South  Carolina 

I have  particularly  discoursed  him  about  Dr.  Cox’s  affair  And  if  the 
Doctor  should  obtain  according  to  my  Lord  Matravers  his  Grant  We  are 
apprehensive  that  it  will  take  away  a good  part  of  Virginia  which  lies  on 
the  south  side  of  James  River  but  with  submission  I believe  it  is  rather 
a sort  of  Indenture  and  I think  mv  Lord  Matravers  never  complyed 
with  any  one  condition  at  least  no  such  thing  appears  upon  our  Records 
this  is  matter  of  law  and  so  beyond  my  capacity  to  determine  but  if  the 


COLONIAL  RECORDS. 


5 42 


dispute  lies  between  the  Lords  Proprietors  and  I)r.  Cox  and  that  he  be 
willing  (according  to  this  letter  to  me)  to  put  it  under  bis  Maj.  Govern1 
of  V irginia  (it  may  be  of  interest  and  service  in  point  of  the  tobacco 
trade)  and  be  content  that  the  Plantations  of  those  who  have  taken  Pat- 
ents here,  since  Charles  the  2,ld  his  Grant  to  the  Lords  Proprietors  may 
be  the  boundary's  betwixt  Virginia  and  New  Carolina  then  it  had  better 
be  the  Doctors  than  the  Proprietors  (if  they  will  not  do  the  same  things) 
for  some  people  are  apprehensive  that  if  the  Line  should  be  run  accord- 
ing to  the  Lords  Proprietors  Charter  it  would  take  in  several  plantations 
which  now  pay  Quit  rents  to  his  Majesty  and  are  in  all  other  respects 
under  his  government  I heartily  wish  that  this  affair  of  the  bounds  was 
well  settled  in  the  mean  time  will  not  be  wanting  in  my  duty  to  his  Maj- 
esty according  to  your  Lordships  commands  in  that  affair. 

In  order  to  settle  the  affair  of  North  Carolina  1 humbly  propose  that 
his  Majesty  would  be  graciously  pleased  to  purchase  the  proprietorship 
thereof  if  it  cannot  be  had  otherwise  and  if  £2000  sterling  were  given 
for  it  (but  1 hope  it  may  be  purchased  much  cheaper)  1 suppose  in  some 
years  time  his  Maj.  would  be  no  looser  by  it  considering  the  advantage  of 
the  Quit  rents  and  of  the  encouragement  that  people  might  have  in  going 
upon  tobacco  there  &c.  And  this  £2000  might  be  spared  out  of  the  Quit 
rent  money  now  in  Mr  Auditor’s  hand  for  I am  in  hopes  that  they  will 
this  year  sell  indifferently  well. 

* * * * 

I was  extraordinarily  troubled  & concerned  that  the  intended  meeting 
of  his  late  Exeellcy  the  Earl  of  Bellomont  Govr  Blakiston  A myself  was 
disappointed  but  I humbly  propose  that  all  those  Governors  who  have 
immediate  Commissions  under  his  Maj.  on  this  Continent  may  meet 
together  as  soon  as  possible  in  order  to  consult  about  this  affair  of  the 
Indian  trade  as  also  concerning  others  of  his  Maj.  interest  and  service 
but  if  the  Proprietary  or  charter  Govern18  should  be  there  to  be  sure  their 
own  interest  & service  would  be  their  main  design  for  I suppose  some  of 
the  principal  things  which  we  should  consult  about  woidd  be  the  great 
prejudice  it  is  to  his  Maj.  interest  and  service  to  have  Charter  & Proprie- 
tary Govern*8  and  humbly  to  represent  the  reasons  thereof  as  also  how 
they  may  be  remedyed  As  to  the  first  it  cant  be  expected  that  those  Gov- 
ernours  will  jovn  with  us  nor  is  it  in  the  least  convenient  that  they  should 
know  the  reasons  either  against  them  or  how  they  may  be  remedyed  If 
the  Charter  and  Proprietary  Governours  should  be  ordered  to  be  at  such 
a Meeting  they  would  make  great  use  of  it  with  their  people  that  his 
Majestv  owns  them  as  Governours  tho’  they  have  not  complved  with  the 


COLONIAL  RECORDS. 


543 


Acts  of  Parliament  for  taking  of  Oaths  particularly  of  that  of  a Govr 
for  duly  observing  the  Acts  of  Trade  & Navigation  & that  nothing  can 
be  done  at  least  without  some  of  them  as  was  reported  in  Pennsylvania 
upon  his  late  Exceloy  ye  Earl  of  Bellomonts  Govr  Blakiston  and  my  being 
to  meet  there  and  that  his  Map  had  ordered  us  to  wait  on  Mr  Penn  Rut 
if  they  are  not  there  the  people  might  take  it  that  they  are  slighted  and 
that  his  Map  did  not  think  them  qualifyed  by  law  as  they  ought  to  be 
or  that  they  were  not  to  be  made  use  of  by  his  Maj.  or  protected  by  him 
as  the  other  Governours  were  who  have  the  honor  to  have  his  Maj.  im- 
mediate Commissions  It  might  discourage  their  own  people  and  be  a 
means  to  make  them  uneasy  under  their  government  and  fly  to  his  Ma- 
jesty for  protection  as  on  the  other  hand  it  might  be  an  encouragement 
to  those  under  the  governments  of  his  Majesty.  If  your  Lordships 
please  Col.  Quary  can  give  you  an  account  of  these  affairs  being  so  de- 
sired by  him  who  is 

Your  Lordships 

most  obliged  and 

faithful  humble  Servant 

FR:  NICHOLSON 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


ANNO  DOM  1701  CHOWAN  PRECINCT  Ss— 

In  obedience  to  an  act  of  assembly  made  November  the  12th  1701  ap- 
pointing a Vestrv  for  this  precinct  Consisting  of. 

The  HonoM®  Henderson  Walker  Esqr. 

Col  Thomas  Pollock 
William  Duekentteld  Esqr 
Mr  Nicholas  Crisp 
Mr  Edward  Smithwick. 

Mr  John  Blount 
Mr  .lames  Long 
Mr  Nathaniel  Chevin 
Mr  William  Banberry 
Col  William  Wilkinson 
Cap1  Thomas  Lenten. 

Cap‘  Thomas  Blount. 

Who  being  all  present  at  the  house  of  Mr  Thomas  Gillam.  December 
1 5th  1 701 . 


544 


CO LONIAL  R F/ ’( ) R DS. 


Tt  being  debated  where  a chureli  should  he  built  Mr  Edward  Smith- 
wick  undertakes  to  give  one  acre  of  Land  upon  his  old  plantation  and  to 
give  a Conveyance  for  the  same  to  the  Church  Wardens  hereafter  ap- 
pointed for  the  use  and  service  of  the  precinct  to  build  a Church  upon, 
and  for  no  other  use  an  to  acknowledge  the  same  in  open  court. 

THE  CHOICE  OF  CHURCH  WARDENS. 

It  is  appointed  that  Col  William  Wilkinson  and  Cap1  Thomas  Lenten 
shall  be  church-wardens  for  the  following  year,  who  shall  agree  with  a 
workman  for  building  a Church  25.  feet  long,  Posts  in  the  ground  and 
held  to  the  Collar  Beams,  and  to  rind  all  manner  of  Iron  work  viz1  nails 
and  Locks  &c  with  full  power  to  contract  and  agree  with  the  said  Work- 
man as  to  their  direction,  shall  seem  meet  and  convenient. 

It  is  agreed  that  Nathaniel  Chevin  shall  he  Clerk  of  the  Vestry  and 
shall  keep  a book  of  the  proceedings  of  the  Vestry  for  which  he  shall  he 
allowed  so  shillings  ^ Day  for  every  Day  he  attends  upon  the  Vestry  or 
Church  Wardens 

Ordered  that  the  Church  Wardens  aforesaid  having  agreed  with  Work- 
man for  the  building  of  a Church  as  aforesaid.  Whatsoever  Charge 
shall  accrue  for  and  towards  the  building  of  the  aforesaid  Church,  or  any 
other  Charge  relating  to  the  same  (although  not  here  particularly  men- 
tioned), by  the  said  church  Wardens  be  levied  bv  the  pole  upon  the 
Tythables  of  the  Precinct,  the  Church  Wardens  first  endeavouring  to 
raise  the  said  money  by  contribution,  and  in  case  of  failure  to  raise  it  by 
the  pole  as  aforesaid,  to  agree  with  a Collector  or  Collectors  to  receive  the 
same  with  power  to  destrain  in  case  of  Refusal.  Ordered  that  the 
Church  Wardens  provide  a reader,  and  shall  agree  with  him  for  his  ser- 
vice, and  that  each  Vestry  man  shall  do  his  endeavour  to  inquire  for  a 
Reader,  and  give  thereof  an  account  to  the  Church  Wardens  if  anv 
presents. 

Ordered  that  the  Inhabitants  of  the  So  West  Shore,  build  a Chappel  of 
Ease  on  their  Shore  at  the  charge  of  the  precinct  after  the  aforesaid 
Church  be  built,  and  that  they  may  there  have  a reader  at  their  own  cost 
and  charge,  and  be  excused  from  paying  any  thing  to  a reader  on  the 
North  Shore.  And  that  either  the  Honble  Co1  Thomas  Pollock  or  Wil- 
liam Duckenfield  Esqr  agree  with  the  said  reader. 

Ordered  that  Twelve  pence  be  levied  on  every  Tythable  in  the  pre- 
cinct. and  that  Eight  pounds  be  paid  out  of  it  to  Chris'  Buttler  towards  the 
supply  and  maintenance  of  Rob*  Willson,  And  that  Francis  Wells  col- 
lect the  lower  part  of  the  precinct,  as  high  as  Mr  Crisps  and  William 


COLONIAL  RECORDS. 


545 


Early,  from  thence  upwards  on  the  west  shore  by  William  Jones  on  the 
South  Shore  by  John  Walker,  and  shall  render  and  account  of  the  same, 
to  the  Church-wardens  and  the  said  church  wardens  shall  pay  out  of  it 
to  Christopher  Butler  Eight  pounds  and  shall  give  an  account  of  the 
remainder  to  the  Vestry.  And  the  Constable  of  each  District  shall  de- 
liver the  copy  of  this  order  to  the  respective  collector.  And  if  any  of 
the  aforesaid  collectors  shall  refuse  the  same  the  Constable  or  constables 
of  their  district  shall  bring  them  before  the  Honoble  Henderson  Walker 
Esq  &c  or  before  the  Honoble  Thomas  Pollock  to  answer  their  contempt. 


[B.  P.  R.  O.  B.  T.  Proprieties.  No.  26.  p.  464.] 


AN  ABSTRACT  OF  MY  PAPER  HUMBLY  PRESENTED 
TO  THE  RIGHT  HONbl*  THE  LORDS  COM  MISS"  FOR 
TRADE  SHEWING  THE  HIGH  CRIMES  AND  ENCREAS- 
ING  MISDEAMEANORS  AND  MALL  ADMINISTRAT”  OF 
THE  GOVERNORS  IN  THE  SEVER  ALL  PROPRIETIES 
ON  THE  CONTINENT  OF  AMERICA,  AND  ISLANDS 
ADJACENT. 

* * * * 

South  Carolina. 

Mr  John  Archdall  the  late  Govr  (under  his  son  a Lord  Proprietary  of 
the  Province)  permitted  some  of  Every’s  Men,  who  came  from  Provi- 
dence to  Land,  and  bring  their  money  quietly  a slmar,  for  which  favour 
he  was  well  paid  by  them. 

He  contrary  to  the  Acts  of  Trade,  gave  his  Permitt  to  Simon  Tris- 
trank  (a  French  man  borne)  who  came  from  S‘  Thomas  to  put  off  his 
sugar,  wine  and  cocoa,  for  which  bis  Marshall  received  for  the  Governor 
a large  present,  and  therefore  he  would  not  suffer  the  Judge  of  the  Ad- 
miralty, nor  the  Collector  to  seize  her,  saying  she  belonged  to  English 
owners,  vide  depositions. 

He  allowed  one  Day  Master  of  a great  ship  of  Bristoll  which  came 
into  the  Harbour  leaden  with  Sugar  from  Jamaica,  to  sell  his  Sugar  to  a 
merchant  in  Charles  Town,  upon  Condition  that  Mr  Archdale  should 
have  a share  of  it. 

Mr  Blake  his  successor  in  the  Governm*  sent  six  barrells  of  Gunpow- 
der, bought  for  defence  of  the  Country  (being  a great  Indian  Trader)  by 
his  Agents  to  purchase  skins  of  the  Indians,  vide  Depositions, 

(35 


COLONIAL  RECORDS. 


o HI 


He  clandestinely  got  £80.  from  William  Joel  Mar  of  a Bermuda  sloop, 
which  he  caused  to  be  seized,  upon  pretence  she  was  not  registered, 
whereas  the  time  for  registring  vessells  was  not  expired,  vide  Deposi- 
tions. 

He  caused  a sloop  belonging  to  Carolina  louden  with  Negroes  from 
Guinea,  to  be  seized  upon  the  same  pretence,  and  discharged  her  upon  the 
owners  promise  to  pay  him  50£.  (vide  Depositions  of  the  Owners  sworn 
before  a master  in  Chancery.) 

He  was  consenting  to  the  seizing  of  the  ship  Carlisle  stopt  five  months 
in  the  Country,  upon  pretence  that  the  Mar  was  a Pyrate,  but  the  design 
was  to  get  her  into  his  and  his  Confederates  hands,  by  putting  the  sail- 
ors upon  seizing  her  for  their  wages,  and  then  get  her  to  be  sold  to  them 
for  little  or  nothing. 

By  a Trick  he  put  upon  the  Credulous  Master  of  the  Edward  and  Sa- 
rah of  London,  loadcn  with  sugar  from  Yamaica,  he  gott  the  Manage- 
ment of  the  vessell  and  her  Loading  into  his  hands,  and  leaving  that  to 
the  care  of  one  Loggen,  they  imbezilled  the  Sugar  and  brought  in  Ex- 
travagent  Charges  for  Comision,  which  were  allowed.  The  vessell  was 
sunk  through  their  neglect,  yet  they  demanded  and  had  30£.  for  their  care 
& diligence. 

He  and  the  Judge  of  the  Court  of  Admiralty  (his  brother  in  law)  con- 
demned the  Snow  Gully  of  London,  and  her  Loading  they  were  ap- 
praised at  a low  value.  His  Majesty  sometime  after  was  pleased  to 
order  them  restore  to  the  owners  the  vessell  & Loading,  which  they  were 
glad  to  take  at  the  appraised  value,  besides  the  loss  they  sustayned  for 
want  of  their  market  However  Governor  Blake  and  his  confederates 
made  great  advantage  by  the  sale  of  those  Goods  at  the  Country  price 

The  Cole  and  Bean  Galley  of  London  and  Loading  worth  two  or 
tin  •ee  thousand  pounds  sterl : were  condemned  and  appraised  at  not  half 
the  value,  the  vessell  was  bought  by  Loggan  under  hand  for  the  Gov- 
ernor and  Bellinger,  and  the  pretended  collector  for  much  less  than  lialfe 
what  she  cost  setting  out  in  England;  they  sent  her  to  the  Bay  of  Cam- 
peache  for  Logwood  and  ordered  the  Master  to  sell  her,  and  her  Load- 
ing at  Curasoa  or  Holland. 

He  turned  Mr  Nicholas  Trott  (apptd  y®  Naval  Officer  by  the  Lords 
Proprietors  and  also  by  the  Commissioners  of  his  Majesties  Customes) 
out  of  his  place  because  he  was  dilligent  and  faithfull  to  his  trust,  and 
put  another  therein,  who  was  his  confident  and  not  fit  for  the  place 


COLONIAL  RECORDS. 


547 


North  Carolina. 

Thomas  Harvey  late  Governor  was  deputed  by  Mr  Archdall  lie  pot 
Mast™  to  great  charges  because  of  their  vessells  not  being  registered, 
though  the  time  lymitted  for  registering  them  was  not  expired.  The  To- 
baco  made  in  that  Province  is  generally  carried  to  Boston  or  to  the 
Islands  near  to  Connecticott  Colony  where  it  is  carryed  to  Scotland  etc 
which  fraud  ought  speedily  to  be  prevented. 

During  his  Government  his  Majestys  ship  the  Hady  was  drove  a shore 
upon  the  sands  between  the  Inletts  of  Roanoak  and  Currituck,  the  In- 
habitants robed  her  and  got  some  of  her  guns  ashore  and  shot  into  her  sides 
and  disabled  her  from  getting  off.  The  actors  were  tryed  and  one  of  the 
chief  was  banished.  Henderson  Walker  the  present  Governor  in  no 
sort  fit  for  the  Office 

* * * * 

May  it  please  Your  Ldpps 

The  many  misdemeanors  I have  justly  charged  upon  the  severall  Gov- 
ernours  in  the  Proprieties,  arise  chiefly  from  a very  great  neglect  in  the 
Propriet”  not  taking  due  care  to  provide  an  Honorable  Maintenance  for 
support  of  their  Governors,  which  is  the  true  reason  why  no  honest  Gen- 
tleman of  good  reputation  and  abilities,  to  serve  his  Majesty  in  the 
Quallity  of  Governors  will  leave  his  Country  to  live  upon  the  Rapine 
and  spoil  in  the  Proprieties,  as  many  of  them  have  done  for  severall 
years  last  past;  For  ’tis  easy  to  believe  that  Governors  in  such  necessi- 
ties will  be  soon  tempted  to  do  all  unlawfidl  things.  Neither  have  they 
taken  any  notice  of  the  frequent  complaints  of  the  grievous  oppressions 
done  bv  their  Governors  to  his  Majesties  subjects,  nor  of  their  exacting 
extravagant  Fees  from  Masters  of  vessells  and  other  Trading  Persons, 
so  as  to  redress  them  ; W hereby  lawfull  Traders  have  been  wholy  ruined. 

They  have  not  at  any  time  (during  the  late  Warr  with  France)  bought 
or  sent  over  any  great  Guns,  or  small  Amies  for  Horse  or  Foot  Amuni- 
tion  of  all  sorts,  nor  provided  ships  of  Warr  to  be  manned  when  neces- 
sary, nor  soldiers  ready  for  the  defence  of  his  Majestie’s  subjects  inhab- 
ting  those  Provinces,  so  that  all  the  Proprieties  (from  the  Bahama  Is- 
land south  beyond  Pemaquid  North)  at  this  time  lie  open  and  exposed 
to  every  invasion,  being  an  easy  prev  to  their  merciless  and  insulting 
Enemvs  the  French  and  Spaniards  &c:  especially  South  Carolina,  lying 
within  sixty  miles  of  the  Town  and  Port  of  Sl  Austin,  a place  well 
forty fyed  and  mand ; from  whence  I saw  a Lieutenant  and  six  Spanish 
soldiers  in  March  1699,  who  came  from  thence  in  a small  Periogna  within 
the  Land. 


COLONIAL  RECORDS. 


548 


From  the  consideration  whereof  and  for  the  more  effectual  1 preventing 
the  imminent  mine  the  Proprieties  are  in  at  present,  and  also  for  the 
more  effectual  suppressing  the  growing  evills  arising  from  the  arbitrary 
practices  of  their  Governors  which  the  Proprietors  are  in  no  sort  capable 
to  redress. 

Tis  therefore  humbly  proposed 

1.  That  the  Government  of  all  the  Proprieties  on  the  Continent  of 
America  and  Islands  adjacent  be  forthwith  vested  in  the  Crown. 

2.  That  all  the  just  Rights  & Proj/ties  of  the  severall  Proprietors, 
and  also  of  all  the  Persons  claiming  by  or  under  them,  lie  continued  and 
confirmed  to  them  by  Act  of  Parliament  to  be  enjoyed  in  as  full  and 
ample  Manner  as  they  have  or  may  of  right  enjoy  bv  virtue  of  their 
respective  Grants  or  Patents  for  the  same. 

By  which  means  they  themselves  will  be  fully  secured  in  all  their 
Rights,  under  an  Equall  Administration  of  his  Majesties  Government 
and  protected  in  their  lives  and  Estates  from  Rapine  and  depredation. 
The  Acts  of  trade  duly  observed  in  all  his  Majesties  Colonies  and  Prov- 
inces, and  his  Majesties  Revenue  yearly  enereased,  which  will  be  a mighty 
benefit  and  advantage  to  all  his  Majesties  Subjects  inhabiting  there. 

And  lastly  their  lands  and  estates  made  thereby  far  more  valuable  than 
before. 

All  of  which  is  humbly 

submitted  by 

E.  RANDOLPH. 


[Records  of  Perquimans  Precinct  Court.] 

April  1701  At  A Court  Holden  at  the  House  of  Cap4  Anthony  Daw- 
son for  ye  prcinct  of  piquimons  y®  8 day  of  Aprill  1701 
prsent  Cap4  Ralph  ffleteher  Judg 
Mr  Samuel  Nicholson 
Mr  ffrancis  fibster  Justises 

Ordered  that  James  Coles  be  Constabel  for  y6  year  Insuen 
Ordered  that  Samuel  Charles  be  Constabel  for  ye  year  Insuen 
James  ffugeet  vars  John  Bex  net 

In  a Plea  of  defamation  y*  Sd  Bennet  not  apearen 

Ordered  that  y®  Shrife  bring  y®  Sd  Bennet  to  ye  next  prcinct  Court 

RALPH  FFLETCHER 
SAMUEL  NICKOLSON 
FRANCIS  FOSTER 


COLONIAL  RECORDS. 


549 


July  1701 

At  A Court  Holden  At  y®  House  of  Cap1  Anthony  Dawson  for 
p'cinet  of  Piquimons  y®  Secont  tuesday  Tn  July  being  v®  8 day  1701 
prscnt  Cap1  Ralph  ffletcher  Judg 
Mr  Samuel  Nicholson 
Mr  John  Barrow 
, Mr  ffrancis  ffoster 

Mr  I sack  Willson 

Isaek  Willson  Proved  A Letter  of  Aturney  of  Henery  White  by 
Samuell  Nicholson 


J ustices 


The  Hon1'  Henderson  Walker  vars  Abraham  Hobs 

In  a plea  of  debt  y®  Sd  Hobs  Cofesed  Judgment  ordered  that  Abra- 
ham Hobs  pay  to  ye  Hon"  Henderson  Walker  fower  pounds  twelfe  Shillin 
In  poork  With  Cost  Ales  Excecution 

Juliana  Lakar  and  Ruth  Laker  Proved  A Will  of  Beniamen  Laker 
by  ye  ( lathes  of  Richard  ffrench  And  Elisabeth  Steward  Debro  Thuston 
John  More  vars  Daniel  Snooks 

In  a plea  of  debt  y®  Court  Ileferd  It  to  y°  Jury  y°  Jury  on  t hare  oath 
Say  tliav  find  for  y®  Plaintef  too  Cow  & Calf  and  thirty  Shillino- 
dameg  With  Cost  of  Sute  ordered  that  Daniel  Snooks  pay  to  John  More 
too  young  Cows  and  Calfe  and  thirty  Shilling  dameg  With  Cost  of  Sute 
Ales  Execution 


Epaphroditus  Benton  vars  Daniell  Snook 

In  a plea  of  debt  y®  Court  Referd  It  to  y®  Jury  v®  Jury  on  thareoathes 
Say  tliay  find  for  v®  Plaintef  on  young  Cow  and  Calfe  And  twenty 
Shillings  dameg  With  Cost  of  Sute  Ales  Excecution 

Co"  Robart  Quarry  Plaintef  declares  against  Abraham  Hobs  defend- 
ant In  a plea  of  debt  y®  sd  Hobs  Confesed  Judgment  ordered  that  Abra- 
ham Hobs  Pay  to  v®  sd  Quarry  Six  Hundred  Waite  of  ffresh  Poorke 
and  nine  Hundred  Waite  of  good  Sound  Marchantabel  to  Baeeo  and 
Cask  Ales  Exce  With  Cost  of  Sute 

Robart  ffendall  proved  a Letter  of  Aturney  of  William  dryly  and 
Grase  His  Wife  and  Thomas  Blunt  and  Marv  His  Wife 

Robart  ffendall  Aturney  to  William  f fry  ley  and  Grase  His  Wife  and 
Mary  Blunt  and  Thomas  Blunt  acknowledg  a deed  of  Sale  for  Land  to 
James  Coles  Aturney  to  Edmond  Peirce 

Anthony  Alexsander  and  Ann  His  Wife  acknowledg  a deed  of  Sale  of 
Land  to  ffrancis  Beasley 

Anthony  Alexsander  and  Ann  His  Wife  acknowledg  a deed  of  Sale 
for  Land  to  Thomas  Harvy 


COLONIAL  RECORDS. 


550 


Archbill  Homes  Aturney  to  William  Barrow  and  Elisabeth  His  Wife 
acknowledg  a deed  of  Sale  for  Land  to  John  Hopkins 

Upon  a Peticon  of  Robart  Inkrsone  Shewen  that  Walter  Sestions  is 
ded  Haven  Made  No  Will  ordered  that  Robart  Inkrsone  that  married  y* 
Rellock  of  y®  sd  Sestions  Have  Adminestration  of  y®  goods  and  chattels 
W alter  Sestions  Haven  give  bond  and  Securitie  for  y®  Same 
John  ffalconer  acknowledg  a letter  of  Aturney  to  Thomas  Noroom 
ordered  that  John  Stepney  and  William  White  and  Thomas  Houghton 
be  apraisers  of  y®  Estate  of  Walter  Sestions  & bring  an  Inventore  to  y® 
Next  Court 

Juliana  Laker’s  Maken  choys  of  Cap1  fHetcher  and  Mr  John  Barrow 
and  Isack  W illson  to  be  apraisers  of  Beniamen  Lakers  Estat  ordered 
that  Cap*  Ralph  ffletchcr  and  Mr.  Barrow  and  Isack  Willson  apraise  y® 
sd  Estat  and  bring  an  Inventory  to  v®  next  court  and  to  devid  y®  sd 
Estate  betwen  Ruth  Lakers  and  y®  W iddo  Lakers 
James  ffugeet  vars  Thomas  Stevens 

In  a plea  of  y®  Case  y®  Court  Referd  It  to  v®  Jury  y®  Jury  On  thare 
( lathes  Say  thay  find  no  Canes  of  action  ordered  that  James  ffugeet  pay 
Cost 

Upon  A peticon  of  John  Pricklo  Shewen  that  ffrancis  Bedson  Lay  Sick 
At  His  A Long  time  And  At  Last  dide  And  y®  Sd  Pricklo  Buried  Him  At 
His  on  Cost  And  Charg  ordered  that  What  thare  W as  In  y®  Sd  Pricklo 
Custodie  of  Bedsons  Estate  He  May  Keepe  for  His  Satisfaction 
The  Court  AJoyrnd  till  Nine  of  y®  Clock  to  Morro 
The  Court  Met  In  order  to  y®  AJoyrnment 

Upon  A peticon  of  Richard  ffrench  Shewen  that  He  Has  Atended  y* 
Court  on  day  An  Evedenee  for  the  Hon"  Presedent  Henderson  Walker 
upon  Hobs  Is  bill  ordered  that  His  Honor  pay  to  y®  Sd  ffrench  too  Shil- 
lings & Six  pence  With  Cost  Ales  Exce 

Ordered  that  William  Lacy  be  overseer  of  y®  High  W aves  from  L P to 
y®  Head  of  y®  River  brigg 

Ordered  that  Samuel  Passons  be  overseer  of  y®  High  Wayes  from  Sut- 
tens  Crick  to  y®  yousall  plus  In  Littel  River 

Ordered  that  Gabrill  Newby  be  overseer  of  y®  High  W ayes  from  y®  Cas- 
seltons  Crick  to  y®  Siprus  Brigg  And  from  R P to  Lawrence  Magoes 
Upon  A Peticon  of  Thomas  Norcom  Aturney  to  Mr  Thomas  Blunt 
Shewen  that  ffrancis  Bedson  Is  ded  Haven  Maid  No  W ill  ordered  that 
Thom  Norcom  Have  Adminestration  of  y®  goods  And  Chattels  of  ffran- 
cis Bedson  He  Haven  give  bond  Security  for  y®  Same 

RALPH  FFLETCHER  SAMUEL  NICKOLSON 

JOHN  BARROW"  ISAAC  WrILLSON 


COLONIAL  RECORDS. 


551 


Oct  1701 

At  A Court  Holden  at  y®  Gran  Court  House  for  the  prcinctof  Piqui- 
mons  ye  Secont tuesday  In  October  1701  being  ye  14  day 
I)rsent  Capt.  Ralph  ffletcher  Jud  ; 

Mr  John  Barrow 
Mr  Samuel  Nicholson 
Mr  ffrancis  ffoster  Justise 

Robart  Sutton  And  Elizabeth  His  Wife  Acknowledg  A deed  of  Sale 
for  Land  to  Esay  Albertson 

Majer  Samuell  Swann  And  Elizabeth  His  Wife  Acknowledg  A deed 
of  Sale  for  Land  to  Samuell  Swann  Juner 

Upon  A Peticon  of  John  Heckenfele  Shewen  that  George  Pordy  Is 
dead  Haven  Maide  No  W ill  It  Is  ordered  that  y®  Sd  John  Heckenfele 
Have  Adm  of  y®  goods  and  Chattells  of  ye  Sd  Estate  Haven  Entred 
Into  bond  And  Security  for  y®  Same  He  being  y®  gratest  Credeter 
Abraham  Hobs  vars  Thomas  Stevens 

In  A Plea  of  defemation  y®  Court  Referd  et  to  y®  Jury  v®  Jury  on 
thare  Oathes  Say  thay  find  No  Cauese  of  Action 
Ann  Willson  Juner  Proved  A deed  of  Sale  of  Ann  Willson  Sener  by 
Joseph  Smith  And  David  Sharwod 

Thomas  Stevens  And  Jean  His  Wife  bound  thare  Sonn  Beniamen 
Stevens  to  Christepher  Butler  His  Heirs  Till  he  Comes  of  Eage  of  one 
And  twenty  He  being  Six  years  ould  And  upwards  Now. 

Abraham  Hobs  vars  Jeames  ffisher 

In  y®  plea  of  v®  Case  y®  Court  Referd  It  to  y®  Jury  v®  Jury  on  thare 
Oathes  Say  thay  find  for  the  Plaintef  ordered  that  James  ffisher  deliver 
to  y®  sd  Abraham  Hobs  his  crope  according  to  thare  Condition  With  Cost 
of  Sute  Ales  Excecur 

John  Anderson  and  Jean  liis  Wife  acknowledg  an  asignement  of  a 
deed  of  Sale  for  Land  to  Jeames  Layton 
Juliana  Laker  vars  Thomas  Stevens 

In  a Plea  of  v®  Case  y*  Court  Referd  It  to  y®  .fury  y®  Jury  on  thare 
Oathes  Say  they  Hind  no  Canes  of  action  ordered  that  Julvana  Laker 
pay  Cost  Ales  Exceeution. 

Mistris  Julvana  Lakers  Craven  an  Apele  to  y®  gran  Court  ordered  y* 
Slice'  Have  an  Apele 

Upon  a Peticon  of  Samuel  Pliilps  and  Jeames  Cliesen  Shewen  that  as 
they  Lived  With  John  Lilly  till  he  dyed  and  Maide  A crop  ordered  that 


552 


COLONIAL  RECORDS. 


Satnuell  Philps  have  a full  Sheare  of  all  y°  crop  and  Jearaes  Chescn 
Ilalfe  a Sheare  of  the  Grope 

October  y°  14  Anno  1701  f RALPH  FFLETCHER 

{ SAMUEL  NICHOLSON 
I FRANCIS  FOSTER 


1702. 


[B.  P.  K.  O.  B.  T.  Proprieties.  No.  27.  p.  426.] 


W.  POPPLE  TO  Mr  ATTORNY  GENERAL. 

April  8th  1702. 
Sir, 

The  Lords  Commissioners  for  Trade  and  Plantations  having  immedi- 
ate Occasion  to  look  into  some  of  the  acts  of  Pensyl vania,  which  are  in 
your  hands,  they  desire  you  to  return  them  without  giving  yourself  the 
trouble  at  present  of  making  any  particular  Report  thereupon;  Only 
they  would  be  glad  to  receive  your  and  Mr  Sollicitor  General’s  answer  to 
the  two  Questions  expressed  in  my  Letter  of  the  29th  of  October  last, 
wherein  I sent  you  the  said  acts,  with  what  speed  you  can.  I am  Ac 

W:  POPPLE. 

Whitehall  April  8th  1702. 

An  Act  for  remitting  to  the  Crown  the  Government  of  several  colo- 
nies and  Plantations  in  America. 

Whereas  by  virtue  of  several  charters  and  Letters  Patents  under  the 
Great  Seal  of  England  passed  and  granted  by  several  of  his  Majesty’s 
Royal  Predecessors,  as  also  by  his  present  Majesty  and  the  late  Queen 
Mary  of  Blessed  Memory,  the  several  Colonies,  Provinces  and  Planta- 
tions of  the  Massachusets  Bay,  New  Hampshire,  Rhode  Island  and  Pro- 
vidence Plantation,  Connecticut  in  New  England,  East  and  West  New 
Jersey,  Pensylvania  and  the  adjacent  Territories,  Maryland,  Carolina  and 
the  Bahama  or  Luca  Islands  in  America,  have  been  granted  unto  several 
persons,  together  with  the  absolute  Government  and  authority  over  his 
Majesty’s  subjects  in  those  Places,  whereby  the  Grantees  were  not  only 
made  Proprietors  of  the  Soil  and  Lands  comprehended  within  the  said 
Places  but  also  Lords  and  Governors  thereof,  with  full  power  of  exercis- 


COLONIAL  RECORDS. 


553 


ing  Royall  Government  and  other  Jurisdictions  over  the  Inhabitants 
thereof;  and  whereas  the  severing  of  such  power  and  authority  from  the 
Crown  and  placing  the  same  in  the  hands  of  subjects  hath  by  Experience 
been  found  prejudicial  and  repugnant  to  the  Trade  of  this  Kingdom  and 
to  the  Wellfare  of  his  Majesties  other  Plantations  in  America,  and  to  his 
Majesty’s  Revenue  arising  from  the  Customes  by  reasons  of  the  many 
Irregularities  committed  by  the  Governours  of  these  Plantations  and  by 
those  in  authority  there  under  them,  bv  encouraging  and  countenancing 
pirates  and  unlawfull  Traders  and  otherwise.  Be  it  therefore  enacted,  by 
the  King’s  most  Excellent  Majesty,  by  and  with  the  advice  and  consent 
of  the  Lords  spiritual  and  temporal  and  commons  in  parliament  assem- 
bled, and  by  the  authority  of  the  same;  That  all  and  singular  the  clauses, 
matters  & things  contained  in  anv  Charters  or  Letters  Patents  hereto- 
fore passed  under  the  Great  Seal  of  England  by  any  of  his  Majesty 
Royal  Predecessors  or  by  his  present  Majesty  and  the  said  late  Queen, 
relating  to  the  Government  of  his  Majesty’s  subjects  within  the  said 
Plantations,  Colonies  or  places,  or  any  of  them  or  within  any  other  Plan- 
tation, Colony  or  place  in  America,  whereby  any  Power  or  authority  is 
granted  to  any  person  or  persons  from  the  Crown,  be  & is  hereby  de- 
clared and  enacted  to  be  utterly  void  and  of  none  Effect.  And  it 
is  hereby  further  declared  and  enacted,  shall  all  such  power  and 
authority  priviledges  and  jurisdictions  be  and  are  hereby  reunited,  an- 
nexed and  vested  in  his  Majesty,  his  heirs  and  successors,  in  right  of  the 
Crown  of  England,  to  all  intents  and  purposes,  as  though  no  such  Char- 
ters or  Letters  Patents  had  been  had  or  made.  Provided  always  that 
nothing  herein  contained  shall  be  construed  to  extend  any  ways  to  alter, 
take  away  diminish  or  abridge  the  right  or  Title,  which  any  person  Per- 
sons or  Bodies  Politick  or  Corporate  have  or  lawfully  may  have  or  claim 
to  any  land,  tenements  or  Hereditaments  or  any  other  matter  or  thing 
(Authority  and  Government  only  excepted)  by  Virtue  of  the  said  or  any 
other  Charter  or  Letters  patents  or  by  Virtue  of  any  Right  or  Title 
derived  from  or  under  such  Charters  or  Letters  patents  by  any  mean 
assignments  or  conveyances  or  otherwise  howsoever.  Provided  also  that 
nothing  in  this  Act  contained  shall  be  construed  to  impower  his  Majesty, 
his  heirs  or  successors  to  govern  the  said  Plantations,  Colonies  or  places 
or  any  of  them  or  the  Inhabitants  thereof  otherwise  than  according  to 
the  Laws  in  force  in  the  said  Plantations  and  Places  respectively  not  re- 
pugnant to  the  Laws  of  England  and  such  other  Laws  and  Constitu- 
tions as  shall  from  time  to  time  be  made  by  General  Assemblies  of  the 
said  respective  plantations  according  to  the  several  and  respective  Privi- 
6() 


COLONIAL  RECORDS. 


554 


ledges  as  at  any  time  heretofore  granted  to  the  said  several  Plantations 
and  Colonies  respectively,  by  any  Charter  or  Charters  or  Letters  patents 
under  the  Great  Seal  of  England  and  according  to  the  usages  in  his 
Majesty’s  other  Plantations  in  America. 


fB.  P.  R.  O.  North  Carolina.  B.  T.  Vol.  4.  p.  92.] 


The  Right  HonbIe  John  Granville  Esq"  one  of  her  Majesty es  most 
Honble  Privy  Councill  Palatine  the  Right  HonbIe  William  Lord 
Craven  the  Right  Honble  John  Lord  Carteret  the  Honble  Maurice 
Ashley  Esq"  Sr  John  Colleton  Raid1  and  the  rest  of  the  true  and  abso- 
lute Lords  and  Proprietors  of  Carolina  in  America 

To  Our  Trusty  and  Wellbeloved  Sr  Nathaniel!  Johnson  Governor  of 
South  and  North  Carolina 

Wee  the  said  True  and  Absolute  Lords  & Proprietors  of  the  Province 
aforesd  Reposing  Special  Trust  and  Confidence  in  the  Courage  Loyalty 
and  prudence  of  you  the  said  Sr  Nathaniell  Johnson  Doe  hereby  consti- 
tute and  appoint  you  during  our  pleasure  Governor  of  Our  whole  prov- 
ince of  Carolina  and  you  are  to  doe  and  execute  All  things  in  due  man- 
ner and  forme  That  shall  belong  to  your  Command  or  the  trust  wee 
have  repose  in  you  according  to  the  severall  powers  Granted  you  by  this 
present  Commission  Wee  dojiereby  further  I m power  constitute  and  ap- 
point you  our  said  Governor  to  be  Admirall  Captaine  Generali  and  Com- 
mander in  Cheif  of  All  the  Forces  Raised  or  to  be  raised  by  Sea  and 
Land  within  our  said  province  and  over  them  to  appoint  a Lieutenant 
Generali  or  Lieutenant  Generalls  Vice  Admirall  or  Vice  Admiralls  both 
in  South  and  North  Carolina  And  Wee  doe  hereby  further  Impower  you 
upon  all  Occasions  dureing  your  abode  in  America  to  constitute  a Dep- 
uty or  Deputy  Governours  both  in  South  and  North  Carolina  dureing 
you  pleasure  And  to  constitute  and  appoint  all  and  singuler  Offices  in 
and  for  the  Government  of  our  said  province  province  dureing  your 
pleasure  And  the  pleasure  of  us  the  Lords  Proprietors  Wee  doe  hereby 
Impower  you  in  case  of  your  departure  at  any  time  from  Carolina  to 
England  to  appoint  and  constitute  a Deputy  Governour  or  Deputy  Gov- 
ernours both  in  South  and  North  Carolina  with  such  powers  as  you  shall 
thinke  necessary  Provided  the  same  be  agreeable  to  and  doe  not  exceed 
those  bv  vs  granted  to  your  selfe  Wee  doe  further  give  von  full  power 
and  authority  with  the  advice  and  consent  of  any  three  or  more  of  our 


COLONIAL  RECORDS. 


Deputyes  to  Grant  and  Sell  Land  in  fee  Reserving  twelve  pence  for  One 
hundred  acres  ^ an"  as  an  acknowledgnf  And  to  settle  the  Quitt  Rents 
by  Patents  or  Indentures  and  by  such  a method  as  you  our  sd  Governour 
with  any  three  or  more  of  our  Deputyes  shall  thinke  fitt  soe  as  when 
money  cannot  he  had  a true  value  may  be  settled  in  the  Best  of  such 
Commodityes  as  the  Country  is  capable  of  produceing  Wee  doe  further 
Impower  you  to  Escheat  Land  and  afterwards  to  Lett  it  for  Rent  or  Sell 
the  same  And  wee  doe  hereby  Farther  Impower  you  our  said  Governour 
by  and  with  the  advice  and  consent  of  Our  Councell  and  Generali  As- 
sembly of  our  Province  or  any  part  thereof  wherein  there  is  a Distinct 
Government  to  alter  any  former  Lawes  that  shall  be  thought  fitt  to  be 
changed  And  to  enact  all  such  reasonable  Lawes  and  Statutes  for  the 
better  Government  of  our  said  province  as  you  with  the  advice  and  con- 
sent of  Our  Generali  Assembly  shall  thinke  expedient  provided  the  said 
Lawes  be  not  contrary  to  the  powers  granted  to  vs  in  Our  Charter  from  the 
Crown  and  as  neare  as  possibly  agreeable  to  the  Fundamentall  Constitu- 
tions excepting  in  what  relates  to  Juryes  wherein  we  have  already  given 
Directions  And  we  Doe  hereby  Repeale  and  make  void  all  other  Com- 
missions Given  by  vs  to  Former  Governours  of  our  said  Province  Given 
under  our  hands  and  The  Great  Seale  of  Our  province  this  eighteenth 
day  of  June  1702  1- + + 

J GRANVILLE  Palatine  CRAVEN  t QREAT  SEAL  t 

OF  + 

+ CAROLINA  + 

J GRANVILLE  for  LORD  CARTERET 
JOHN  COLLETON 

A Duplicate  of  the  same  Commission  undr  the  Great  Seale  was  signed 
also  by  the  same  partyes 

Instructions  for  Sr  Nathaniel  1 

Johnson  Knight  Our  Governour  of  South 

and  North  Carolina 

Wee  Herewith  send  you  a Commission  to  be  Our  Governour  in  Cheife 
of  South  and  North  Carolina  and  to  Record  the  same  with  those  Instruc- 
tions 

In  the  Government  of  Our  affairs  in  our  said  province  committed  to 
your  care  you  are  to  follow  such  Rules  as  we  have  Given  in  Our  Funda- 
mentall Constitutions  Temporary  Lawes  and  Instructions  to  Our  For- 
mer Governours  and  entered  upon  Record  in  Our  said  Province  And  to 
be  guided  by  the  same  or  soe  many  Articles  thereof  as  shall  in  your 
Judgement  seeme  most  fitt  to  be  put  in  practice 


COLONIAL  RECORDS. 


•VjG 


You  are  with  the  Assistance  of  the  Grand  Couneill  rI'o  Inspect  into 
Ail  our  Constitutions  and  what  of  them  you  shall  thinke  most  expedient 
for  the  Better  Establishment  of  Our  Government  for  the  Good  and  wel- 
fare of  Our  people  You  are  to  present  to  the  Generali  Assembly  for  their 
concurrence  and  we  Will  and  Ordaine  That  what  shall  be  by  you  and 
our  Grand  Couneill  and  Assembly  sue  agreed  on  you  cause  to  be  trans- 
mitted to  vs  that  the  same  may  be  considered  of  and  Ratyfied  vnder  the 
hands  & scales  of  vs  the  Palatine  ourselfe  and  three  or  more  of  vs  the 
Lords  proprietors  ourselves  before  they  are  published  and  putt  in  Execu- 
tion as  Lawes  in  Carolina 

Any  Law  past  before  it  hath  been  Ratvfyed  under  the  Hands  and 
Seales  of  us  the  palatine  ourselfe  and  three  or  more  of  vs  the  Lords  pro- 
prietors ourselves  vnder  our  hands  and  scales  and  bv  Our  Order  pub- 
lished in  the  Generali  Assembly  of  the  Landgraves  and  Cassiques  and 
Delegates  for  the  Countyes  shall  cease  to  be  a law  whenever  wee  the  pal- 
atine and  three  or  more  of  us  the  Lords  proprietors  signifye  Our  Discent 
to  it  vnder  Our  hands  and  scales 

You  are  to  take  all  Immaginable  Care  to  see  the  Acts  of  Trade  and 
Navigation  duely  to  be  observed 

You  are  with  our  Trustees  to  use  your  endeavour  for  the  selling  of 
land  But  to  Reserve  a Quitt  Rent  of  Twelve  pence  a yeare  for  One  hun- 
dred acres  And  so  proportionable  Your  price  for  the  same  neare  the  Set- 
tlements not  to  be  under  Twenty  pounds  a thousand  acres  and  at  Two 
hundred  miles  Distance  or  neare  the  mountains  Ten  pounds  for  a thou- 
sand acres  and  not  under  and  also  to  grant  land  at  a penny  an  acreyearely 
Quitt  Rent  And  that  all  Future  Grants  containe  a provision  to  make  the 
Land  escheate  unless  a Settlement  be  made  within  the  space  of  four  years 
And  that  not  above  Five  hundred  acres  to  be  Lett  to  any  one  person 
without  a warrant  under  our  hands  and  scales  But  for  the  Lands  in  Albe- 
marle County  You  are  to  sell  the  at  such  Rates  and  prices  as  by  Our  In- 
structions to  our  Late  Governour  John  Archdale  Esqre 

You  are  to  cancell  all  our  Blank  Deputations  for  Landgraves  and 
Cassiques 

You  are  to  take  great  care  That  the  Indians  be  not  abused  and  that  all 
means  may  be  vsed  to  civilize  them  And  that  you  endeavour  you  utmost 
to  create  a Firm  Friendship  with  them  And  to  Bring  them  over  to  your 
part  for  your  better  protection  and  defence  against  the  Enemy  the  neigh- 
bouring French  and  Spanyards  against  whom  vou  are  to  protect  our  said 
province  And  we  assure  you  of  our  utmost  assistance  for  your  security 

Having  received  Letters  of  Complaints  from  the  Comissioners  of 
Trade  and  plantations  with  an  Inclosed  Opinion  of  Councell  at  Law 


COLONIAL  RECORDS. 


557 


against  an  Act  past  in  Carolina  the  first  of  March  1 7 0^  for  the  Better 
Regulating  the  proceeding  of  the  Court  of  Admiralty  in  Carolina  and 
the  fees  of  the  same  as  tending  to  the  Incouragement  of  vnlawfull  trade 
Injurious  to  the  officers  of  the  Admiralty  there  and  differing  from  the 
Manner  of  practice  in  the  High  Court  of  Admiralty  here  in  England 
The  copy  of  which  Bill  transmitted  us  came  not  to  our  hands  or  wee 
have  not  the  same  by  vs  Therefore  wee  direct  you  with  Our  Grand  As- 
sembly to  inspect  into  the  same  and  to  make  all  the  necessary  and  due 
alterations  therein  And  send  us  the  same  for  our  determination 

You  are  to  transmitt  to  us  as  soon  as  you  can  conveniently  get  it  hand- 
somely transcribed  a full  and  exact  account  of  our  yearly  rents  what  they 
amount  to  in  the  whole  and  the  particular  men  from  whom  due  and  what 
from  each  man  Also  what  has  been  received,  by  whom  and  how  applyed 
and  what  land  to  whome  and  for  what  sold — Given  under  our  hands  and 
seals  this  eighteenth  day  of  June  Anno  Dili  1702. 

J GRANVILLE.  Palatine  (l  s)— CRAVEN  (l  s.) 

J GRANVILLE  for  Ld  CARTERET  (l  s.) 

J COLLETON 


[B.  P.  R.  O.  B.  T.  Journals.  Vol.  15.  r.  109.] 


Whitehall  June  29th  1702 
At  a Meeting  of  H.  M.  Com™  for  Trade  & Plant8 

Present 

Lord  Vise1  Weymouth  Mr  Blathwavt 

Mr  Cecil  Mr  Pollexfen 

Sir  Ph.  Meadows.  Mr  Prior 

* * * * 


Whitehall  July  28tb  1702 

Mr  Archibald  Hutcheson  attending  with  Mr  Johnson  and  acquainting 
the  Board  that  the  said  Johnson  is  in  present  possession  of  an  estate  at 
Keeblesworth  in  the  Bishopriek  of  Durham  worth  £200  per  annum 
which  Sir  Nath.  Johnson  his  father  (who  was  only  Tenant  for  life)  has 
made  over  to  him  which  he  said  was  known  to  Mr  William  Bridges  and  Mr 
Overton  and  therefore  he  thought  the  said  Johnson  might  be  accepted  as 
one  of  the  sureties  for  his  said  father  Sir  Nathaniel  And  Mr  Johnson 
offering  Mr  Thomas  Carey  a Carolina  Merchant  for  the  other  They 


558 


COLONIAL  RECORDS. 


were  acquainted  that  the  security  ought  to  be  lodged  in  the  Treasury  and 
that  as  soon  as  the  form  of  the  Rond  was  agreed  they  should  have  notice 
of  it. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  holden  the  30th  of  June  1702  at  the  house  of  Thomas 
Gilliam 

Present : 

Col  William  Wilkinson  Mr  Edward  Smithwick 
Cap4  Thomas  Lenten  Mr  Nicholas  Crisp 

Cap4  Thomas  Blount  Mr  Win  Banbury 

Wm  Duchenfield  Esq.  Mr  James  Long. 

Nath1  Chevin. 

In  obedience  to  a late  act  of  Assembly  made  in  March  last  impowering 
the  Vestry  of  each  precinct  to  provide  a standard  for  weights  & measures 
and  it  being  debated  how  the  said  weights  and  measures  be  procured — 
agreed — 

That  the  Church  Wardens  shall  use  their  utmost  endeavour  by  the 
tirst  convenience  to  send  for  weights  and  measure  as  the  law  directs. 

And  agree  with  some  person  for  that  purpose  at  as  cheap  a rate  as  pos- 
sible and  also  one  fair  and  large  book  of  common  Prayer,  and  the  Book 
of  Homilies. 

Ordered  that  the  Church  Wardens  shall  agree  with  and  pay  the  collec- 
tor or  collectors  for  collecting  the  precinct  Levies. 

And  then  the  meeting  broke  up. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  held  at  Thomas  Gilliam’s  Oct.  13th  1702. 

Present 

The  Honble  Henderson  Walker — President 
o 


Col  Wm  Wilkison 
Capt  Thomas  Lenten 
Mr  N ieholas  Crist. 


Mr  John  Blount 
Capt  Thomas  Blount 
Mr  Edward  Smithwick 
Mr  Wm  Banburv. 


COLONIAL  RECORDS. 


559 


Whereas  at  the  last  Vestry  it  was  ordered  that  there  should  be  a stand- 
ard of  weights  and  measures  sent  for  the  use  of  the  precinct  in  obedience 
to  the  act  of  Assembly  the  charge  whereof  with  the  rest  of  the  p'cinct 
charge  being  as  followeth.  Viz*. 


£ 

sh 

d 

To  building  the  Chappel  to  Mr  John  Porter 

25 

0: 

0 

To  Richard  Curton  Reader 

7 

10: 

0 

To  the  Standard  for  the  precinct. 

12 

10: 

0 

To  clearing  an  acre  of  ground,  and  flooring  the  house  to.  M 

• 

Smithwick. 

2 

10: 

0 

To  Nathaniel  Chevin  acting  as  Clerk 

1 

10: 

0 

To  the  Joiner  for  Windows.  Table  forms.  & Benches 

6 

0 : 

0 

To  Thomas  Gilliam  for  trouble  of  his  house 

1 

10: 

0 

To  the  poor  of  the  precinct 

8 

0: 

0 

To  John  Tyler  for  Attendance 

0 

1 : 

0 

To  Sallery  for  collecting  at  so  pr  C'* 

6 

8: 

0 

The  total  amount. 

70 

19: 

0 

The  list  of  Tythables  in  the  precinct  being  taken  is  found  to  be  283 
and  the  sum 

Ordered  that  the  church  Wardens  collect  from  each  Tythable  person 
in  the  precinct  five  shillings  and  Col  Wm  Wilkinson  having  undertaken 
the  collection,  and  the  Vestry  agreeing  thereto 

Ordered  that  Col  Wm  Wilkinson  do  collect  upon  all  and  every  the 
Tythables  within  this  precinct  (a  list  whereof  is  delivered  to  him  under 
the  hand  of  the  clerk  of  the  Vestry)  five  shillings  pr  pole  and  for  non 
payment  thereof  to  make  distress  according  to  Law,  and  likewise  to  pay 
unto  the  several  persons  aforementioned  the  several  sums  due  to  them 
and  allotted  by  this  vestry,  and  He  together  with  the  other  Church  War- 
dens do  provide  and  pay  for  the  other  things  mentioned  in  the  aforesaid 
Order,  and  render  an  account  of  the  same  to  this  Vestry  to  be  holden 
the  last  tuesdav  in  April  next  and  finish  all  the  collection. 

Let  it  be  remembered  that  Col  William  Wilkinson  on  his  own  behalf 
and  Mr  Nicholas  Crisp  on  behalf  of  the  said  Wilkinson  do  oblige  them- 
selves. their  Heirs  &e.  to  this  Vestry  in  the  penal  sum  of  one  hundred 
pounds  Sterling,  to  collect  the  aforesaid  money,  and  render  a perfect 
account  of  the  said  collection  and  payment  at  the  Vestry  the  last  tuesdav 
in  April  next  at  the  house  of  Mr  Thomas  Gilliam. 

Ordered,  that  a warrant  be  directed  for  the  summoning  of  the  several 
collectors  hereafter  named  to  appear  at  the  next  meeting  of  the  Vestry  at 


COLON  I A I,  RECORDS. 


0()(J 


the  House  of  Mr  Thomas  Gilliam  the  l-r)th  of  December  next  to  give  an 
account  of  their  severall  collections  the  two  last  years  and  accordingly 
the  whole  Vestry  does  pray  the  Honoble  the  President  to  direct  his  war- 
rant unto  William  Bush,  Francis  Perrot.  Cap1  Thomas  Blount.  Nocholas 
Symmons,  and  for  the  present  year  last  past.  Francis  Wells,  William 
Early,  William  Jones,  and  John  Walker. 

Ordered — that  the  Vestry  meet  tomorrow  morning  to  view  the  Chap- 


The  vestry  being  met  and  having  viewed  the  Chappel,  the  major  part 
of  the  Vestry  do  declare  their  dislike  of  the  ceiling  of  the  Chappel  by 
reason  of  the  Boards  being  defaced. 

Ordered  that  Mr  Edward  Smithwick  and  Mr  Nicholas  Crisp  on  behalf 
of  the  Vestry  do  choose  one  indifferent  man  that  is  skilled  in  building, 
and  Mr  John  Porter  shall  choose  another,  who  shall  meet  at  the  Chappel 
the  second  Saturday  in  November  to  give  their  judgment  whether  the 
boards  be  tit  for  ceiling  such  a house  and  if  these  two  persons  chosen  as 
aforesaid  cannot  agree  in  their  opinions,  then  they  shall  choose  an  umpire, 
and  what  opinion  he  the  said  umpire  shall  give  shall  be  a full  and  final 
determination  of  the  matter  about  the  ceiling  and  boards,  and  the  agree- 
ment between  the  Church  wardens  and  Mr  John  Porter  shall  be  (hence. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  holden  at  the  House  of  Mrs  Sarah  Gillam  ye  loth  Day 
of  December  1702. 

Present 


Coll.  Wm  Wilkinson  ) . , J Capt.  Thomas  Blount 

Cap'  The-  Lenten  ]ch"rel'  Wardens  Mr  William  Banbury 


Mr  Nicholas  Crisp 

The  Several  Collectors  being  summoned  to  render  an  account  of  their 
Several  Collections  which  being  duly  examined  there  is  found  to  lie  due 
to  the  Church  Wardens  for  the  use  of  the  Use  of  the  precinct  these  fol- 
lowing Sums  of  money 


October  ye:  14.th  1702. 


Mr  Wm  Duckenfield 
Mr  Edward  Smithwick 


Mr  Nath1  Chevin 
Mr  James  Long. 


COLONIAL  RECORDS. 


561 


In  Christopher  Butler’s  Hands 
In  William  Earley’s  Hands 
In  John  Walker’s  Hands 


In  the  Hands  of  Coll.  Thomas  Pollock 


£ s d 

1.  13.  2 
0.  6.  0 

2.  12.  0 
1.  18.  6 


£6.  9.  8 


Co11  William  Wilkinson  and  Cap1  Thomas  Lenten  having  Served  one 
Year  in  the  Station  of  Church  Wardens,  and  the  Choice  of  new  Church 
Wardens  being  debated : 

Mr  William  Duckenfield  and  Mr  Edward  Smithwick  are  appointed 
Church  Wardens  for  the  ensuing  year. 

There  being  found  the  above  said  Sums  of  money  due  to  the  precinct, 
and  also  the  Reader  being  gone  whereby  the  publiek  Charge  of  the  pre- 
cinct is  lessened  and  abated. 

Therefore  ordered  that  the  Collector  collect  from  every  Tvthable  per- 
son in  the  precinct  four  shillings  per  pole. 

The  Chappel  being  this  Day  viewed  by  all  the  Vestry  here  present 
and  are'Satisfied  therewith  and  do  receive  the  House  and  Keys  from  Mr 
John  Porter  he  promising  to  provide  So  much  Lime  as  will  Wash  the 
Ceiling  of  the  Chappel,  and  the  Vestry  to  be  at  the  Charge  of  a Work- 
man to  do  the  Same. 


At  a Court  Houlden  at  y®  House  that  Cap1  Anthony  Dawson  Lived 
At,  for  y®  pl'cinet  of  Piquimons  the  Seeont  Tuesday  in  Jan  being  y®  13 
day  Anno 

Prsent  Cap1  Ralph  ffletcher 

Mr  tfrancis  fibster  Cap4  Jennies  Coles 
John  Stepney  Aturnev  to  John  Slocom  of  Pamleco  Aeknowledg  an 
Assignement  of  a Patent  to  Thomas  Norcom  Allso  I doe  oblige  my  Selfe 
to  give  to  Thomas  Norcom  a bond  that  shal  oblidg  Jean  Slocom  y®  Wife 
of  John  Slocom  to  aeknowledg  y®  sd  Land  When  Shee  coins  of  Age 
James  ffisher  vars  Abraham  Hobs 

In  a Plea  of  the  Case  v®  sd  Hobs  Reternd  Nonestusventus  ordered 
that  attachment  goe  against  His  Estate 


[Records  oe  I’erquimans  Precinct  Court.] 


67 


COLONIAL  RECORDS. 


~)()2 


John  Anderson  Aturney  to  William  Smith  of’  Roadc  Hand  vars  Bry- 
ant FFITCH  PATRICK 

In  a plea  of  debt  y®  sd  Bryant  not  apearen  ordered  that  y®  Shrif’c  bring 
y®  sd  Bryant  ffitehpatr.  to  y®  next  Court 
Mager  Samuel  Swann  vars  Abraham  Hobs 

In  a plea  of  debt  y®  sd  Hobs  Retornd  nonestusventus  ordered  that  at- 
tachment goe  against  His  Estate 

John  ffalconer  Aturney  to  Cor"  Robart  vars  Tho:  Houghton 

In  a plea  of  y®  Case  y®  sd  Houghton  Retorned  Nonestusventus  ordered 
that  atachment  goe  Against  His  Estate 

John  Porter  Asigne  of  Leftenan  Co11  Anthony  Lanfo  of  Princese  Ann 
County  Virgenia  for  y®  use  of  Cap1  Robart  Gibbs  of  London  declares 
Agains  Jeames  Coles  And  Mary  His  Wife  Excecetor  of  Jacob  Peterson 
decesed  In  a plea  of  debt  y®  sd  Porter  Not  Apearen  order  that  he  be 
Nonsuted  and  Pay  Cost 

Thomas  Norcom  Aturney  to  John  ffalconer  vars  Abraham  Hobs 
defendant 

In  a plea  of  debt  y®  sd  Hobs  Retornd  Nonestventus  ordered  that 
atachment  goe  Against  His  Estate 

ordered  y*  Thomas  Bosel  be  overseer  of  y®  High  Wayes  from  Hartles 
pinte  to  y®  vousall  Place 

ordered  y*  Jeames  Oats  be  overseer  of  v®  High  Waves  from  Lakers 
Crick  to  Jeames  Coles  prancli. 

ordered  y*  Denes  Mackclanden  be  overseer  of  y®  High  Wayes  from 
Suttens  Crick  to  deepe  Crick 

RALPH  FFLETCHER 
FFRANCIS  F FOSTER 
JAMES  COLES 
SAM"  SWANN  JUNr 

April  1702 

At  a Court  Holden  at  y®  Hous  of  Cap1  James  Coles  v®  Second  Tuesday 
In  April  1702  for  the  prcinct  of  Piquimons 

prsent 

Cap*  Ralph  ffletcher  Mr  ffrancis  ffoster 

Cap1  James  Coles  Mr  Samuell  Swann 

Mr  William  Bart  let 

Mr  Robart  ffendall  Acknowledged  A deed  of  Sale  for  Land  on  y* 
Sound  Side  to  Mager  Samuell  Swann  Esquier 


COLONIAL  RECORDS. 


Capt*  Jamas  Coles  And  Mary  His  Wife  Acknowledged  A deed  of 
Sale  for  Land  on  ye  North  Est  Side  of  Piquimons  to  Hester  Perssone 
for  ye  yons  of  Hir  two  Sons  Lewes  Alexsander  Knite  And  Emanewell 
Knite. 

Elisabeth  Holmes  Excecetrix  of  Edward  Holmes  Proved  His  Will 
by  y®  Oathes  of  Peter  Gray  Sener  And  Thomas  Holmes 

Mary  Albertson  Proved  Hir  Husbands  Will  by  y®  oathes  of  John 
ffalconer  And  Joseph  Suton  And  Nathaniel  Nicholson. 

Mary  ffox  Acknowledged  An  Asignment  of  A Pattent  to  Daniel  Onele 
Daniel  Onell  Acknowledged  A ded  of  Sale  Asigned  to  William  Boge 
ordered  that  William  More  overseer  of  y®  Highway  from  J P to  ye 
bridg  at  y®  Head  of  y®  River 

Upon  A Peticon  of  Peter  Albertson  Shewen  that  John  Lilly  was  In- 
debted Ann  Jones  that  is  Now  his  Wife  ordered  that  James  Oats  pay  to 
y®  Peticoner  Peter  Albertson  tenn  Shillings  and  Six  pence  With  Cost 
Upon  a Peticon  of  Hester  Passoon  Shewen  that  Hir  Husband  Is  dead 
H4 veil  Maide  No  Will  ordered  that  Hester  Passoon  Have  Adminestra- 
tion  of  y®  goods  And  Chattels  of  Lewes  Knite  Slice  being  y®  Next  of 
Kin  Slice  Haven  given  bond  And  Security  for  y®  Same 

Upon  a Peticon  of  William  Boge  Shewen  that  John  Lilly  was  In  His 
Lifetime  Indebted  to  y®  Peticoner  fower  Shillings  And  two  pence  or- 
dered that  James  Oats  Adminestrator  of  v®  Sd  Lilly  Estate  pay  to  Wil- 
liam Boge  fower  Shillings  And  two  pence  With  Cost 

Mr  Samuell  Swann  Juner  Acknowledge  An  Asignement  of  a ded  of 
Sale  for  Land  to  Mager  Samuell  Swann  Sener 

Thomas  Harvey  Acknowledge  An  Assignment  of  A deed  of  Sale  for 
Land  to  Mary  Cofen 
Richard  Skiner  vars  Janes  ffugeet 

I n a plea  of  debt  for  Want  of  Evedenses  y®  Sd  ffugett  Crafes  A ref- 
erancc  ordered  that  it  be  referd  to  y®  Next  Cor1 

ordered  that  Peter  Jones  be  Over  Seer  of  y®  Road  from  y®  Chowan 
Bridge  to  Cap1  Coles 

Upon  A peticon  of  Sarah  Harris  that  Slice  may  Ch use  Hir  unkel 
Nathaniel  Albertson  for  Hir  Garden  ordered  that  Nathanell  Albertson 
take  into  his  posestion  v®  Estate  of  y®  Sd  Sarah  Harris  And  take  An 
Inventory  of  y®  Estat  And  Bring  to  y®  next  Olfens  Court  And  tliar  Give 
bond  for  Hir  Estate 

Upon  A Peticon  of  Richard  Whedbythat  HeMight  Chuse  Mr  tfrancis 
tlbster  His  Garden  ordered  v‘  Mr  Ifraneis  fibster  take  into  His  Custodie 
v®  Estate  of  v®  Sd  Richard  Wliedbv  And  An  Inventorv  to  take  of  y® 


COLONIAL  RECORDS. 


504 


Sd  Estate  And  bring  to  y®  Next  Court  held  for  Orfens  And  give  bond 
for  y*  Estate. 

Upon  A peticon  of  Georg  Sutten  and  Nathanell  Sutten  to  Chase  tliare 
Garden  ordered  that  Nathanell  Nicholson  take  Care  of  George  Sutten  he 
Haven  Chosen  Him  for  his  garden  And  that  .Joseph  Sutten  .Inner  take 
Nathanell  Sutten  Into  his  Care  He  Haven  Chosen  him  for  his  garden. 

Upon  A Peticon  of  Debro  Whedby  that  She  may  Clmse  Hir  Garden 
And  Shee  Chusen  of  Joseph  Sutten  Sener 

Ordered  that  y®  Sd  Sutten  take  v*  Sd  Debro  Into  His  Care  And  Ilir 
Estate  Also  And  An  Invetory  of  Hir  Estat  to  take  And  bring  It  to  y® 
Next  orfens  Cort  And  give  bond  for  y®  Estate 

RALPH  FFLETCHEIl 
FRANCIS  FOSTER 
JAMES  COLES 
SAM11  SWANN  JUNr 
WILLIAM  BARCLIFT 

July  1702 

At  a Court  Holden  At  the  House  of  Cap*  James  Coles  the  Seconttues- 
day  in  July  1702  for  the  prcinct  of  Piquimons 

prsent  Cap*  Ralph  ffletcher  Jiulg 
Mr  ffrancis  ffoster 
Mr  William  Bartlet 
John  Jones  vars  Daniell  Oneles 

Y®  Sd  Onele  being  Arested  Maide  His  Escape  from  y®  Shrife  y®  Plain- 
tef  Craves  An  Attachment  Against  y®  Estate  of  y®  Sd  Onel  ordered  that 
y®  Plaintef  Have  An  Atachment  As  Afore  Saide. 

Joseph  Sutten  sener  vars  Denis  Macklenden  and  Debro  His 

Wife 

In  a plea  of  y®  Case  for  the  Estate  of  Debro  Whedby  given  by  A ded 
egift  given  by  Hir  ffather  John  Whedby  y®  Saide  Mackclenden  is  ordered 
to  deliver  y®  Sd  Estate  in  Kinde  as  It  was  given  Ales  Excecution. 

RALPH  FFLETCHER 
FRANCIS  FOSTER 
WILLIAM  BARCLIF 

At  A Court  Iloulden  At  the  House  of  Cap*  James  Coles  the  Secont 
Tuesday  In  October  1702  for  the  pVinct  of  Piquimons 
prsent  Cap*  Ralph  ffletcher  Judg 
Mr  ffrancis  ffoster 
Cap*  James  Coles 
Mr  William  Bartlett 


COLONIAL  RECORDS. 


565 


Upon  A Peticon  of  Mistris  Mary  Swann  Shewen  that  Hir  Husband 
Is  tied  Haven  Mad  No  Will  It  is  ordered  that  ye  Sd  Mary  Swann  Have 
y®  Admr  of  y®  Goods  And  Chattels  of  y®  Sd  Estate  Shee  Haven  given 
bond  And  Security  for  the  Same  Mager  Samuel  Swann  Securi 

John  Jones  by  His  Atturney  Thomas  Snoden  Craves  A Reference  till 
y6  Next  Court  upon  an  Atachment  against  y®  Estate  of  Daniel  Onel 
Mary  ffisher  Proved  A Will  of  James  ffisher  by  William  Long  And 
Peter  Jones 


Thomas  Stevens  vars  Jueyana  Lakar 

In  A Plea  of  ve  Case  And  y®  Sd  Stevens  And  Julyana  Lakar  by  their 
Aturneyes  Thomas  Norcom  And  Thomas  Snoden  Joynes  Isshu  y®  Court 
Referd  It  to  y®  Jury  on  thare  Oathes  Say  they  find  for  the  Plaintef 
twelfe  Pence  With  Cost  of  Sute 

Ordered  that  Julyana  Lakar  Pay  to  Thomas  Stevens  twelfe  Pence 
With  Cost  of  Sute  Eles  Ex. 

Albert  Albertson  vars  Peter  Albertson  And  Nathanel  Albertson  Exe- 
ceter  of  Albert  Albertson  desesed  in  a plea  of  y®  Case  And  they  Con- 
fesed  Judgment  for  tenn  pounds  Starling  ordered  that  Peter  Albertson 
And  Nathanel  Albertson  pay  to  Albert  Albertson  tenn  pound  Starling 
With  Cost  Ales  Exce® 


RALPH  EEL ETCHER 
FRANCIS  FOSTER 

WILLIAM  BARCLIET 

JAMES  COLES. 


Nov  1702 


At  a Court  Houldeu  Al  the  House  of  Cap4  James  Coles  the  Secont 
tusday  In  November  1702  for  y*  pTinet  of  Piquimons  pfsent  Cap4  Ralph 
fH  etcher 

Mr  ffrancis  fibster  Cap4  James  Coles 
Mr  William  Bartlet 

Upon  A Peticon  of  Mr  Tho:  Snoden  Aturney  to  Mr  William  Glover 
Shewen  that  Alexsander  Jurden  Is  ded  Haven  Maide  No  Will  ordered 
that  v*  Sd  Mr  William  Glover  Have  v®  Admr  of  the  goods  And  Chattells 
of  the  Sd  Estate  He  being  y®  Greatest  Credetor  He  Haven  given  bond 
for  y®  Same  ordered  that  y®  Sd  Estate  be  Apraised  John  Arnold  Tho: 
Holloway  Thomas  Bartlet  Apraisers  of  the  Sd  Estate. 

Timothy  Clare  Proved  too  Rites  for  too  ^sons  transported  into  this 
Countv  Whose  Names  Are  under  \V  ret  ten  John  Dixson  Elisabeth  Jack- 


son. 


COLONIAL  RECORDS. 


56(i 


Thomas  Winslo  Proved  on  Write  for  His  (freedom  An  Asignd  It  to 
Timethy  Clar. 

Martha  Plato  Binds  II ir  daughter  Hester  Plato  to  Cap4  James  Coles 
And  Mary  His  Wife  till  Shee  comes  of  Age  or  Married  Shee  Being  now 
Sixe  yeares  of  Age  And  At  the  Expiration  of  Hir  time  to  Alow  to  y® 
Carle  According  to  the  Custom  of  v®  C untry 

Mr  ffrancis  ffoster  haven  thrown  up  His  Cardener  Ship  of  Richard 
Whedby  ordered  that  the  Sd  ffrancis  ffoster  be  Steward  of  the  Sd  Rich- 
ard Whedby  And  His  Estate. 

John  Jones  Haven  obtained  An  Attachment  against  ye  Estate  of  Dan- 
iel Onele  In  y®  Hands  of  William  More  And  William  Bogg  And  thav 
linden  on  pound  five  Shilling  And  tenn  pens  to  be  due  ordered  that  Wil- 
liam More  And  William  Bogg  pay  to  the  Sd  Jones  on  pound  five  Shil- 
lings And  tenn  pence  Ales  Excer 

Upon  A Petition  of  ffrancis  Tomes  Juner  Shewen  that  He  Has  At- 
tended y®  Court  on  Day  upon  y®  Account  of  John  Jones  order  that  John 
Jones  pay  to  ffrancis  Tomes  too  Shillings  & Six  pence  With  Cost 

RALPH  FFLETCHER 
FRANCIS  FOSTER 
JAMES  COLES 
WILLIAM  BA  RCLI  FT. 


[Records  of  General  Court.] 

♦ 

Att  a Gen11  Court  Holden  at  ye  House  of  Cap  Jn°  Hecklefield  in  Lit- 
tle River  October  27th  1702 

Being  prsent  The  Honebl  Samuel  Swann  Esq  The  Honbl®  William  Glo- 
ver Esq  Jn°  Hawkins  Esq 

The  Courts  Comission  is  published  & bv  Yertue  of  a Dedimus  ffrora 
ve  Honebl  President  to  ye  Honebi  Majr  Samuel  Swann  & the  Honebl  Wm 
Glover  Esqr  do  solemnly  take  y®  oaths  by  law  appointed  before  v®  IIonbI 
Samuel  Swann  Esqr  And  also  the  Honebl  Samuell  Swann  Esq  Do  Take 
y®  aforesd  oaths  before  Wm  Glover  Esqr  And  Mr  Jn°  Hawkins  being  not 
(free Do  Subscribe  to  the  aforesd  Oaths 

Adjourned  till  to  Morro  Morning  9 a Clock 

Wednesday  morning  Oct  28  1702 

Court  meets  prsent — Ut  Supra 

Daniel  Phillips  provs  a Lettr  of  Attor  from  Samuel  Dalys  by  y®  oaths 
of  Mr  Jn°  Jenins  A Bartholo  Hewitt 


COLONIAL  RECORDS. 


567 


The  Marshall  was  Comanded  to  arrest  the  body  of  Cap1 Coles 

att  y®  sute  of  Sam1  Paine  Retferd  from  Last  Court apd  y®  plaintiff 

Came  not  to  prosecute 

Ordered  that  y®  Action  be  Dismist  & y®  plaintiff  pay  cost 
Rich  Ashworth  Came  to  prosecute  his  sute  against  J — in  a plea  of  y® 
Case  and  Complaines  for  one  Canon  Lent  to  y®  Def1  by  v®  plaintiff'  which 
was  return  spoyld  & stavd  and  the  Def1  by  Mr  Tho"  Snowden  his  Attor- 
ney for  the  plea  saith  that  the  Canon  they  did  borrow  But  for  Spoyling 

& staveing  y®  same have  not  & thereupon  Casts  himself  upon 

y®  Country  & y®  plaintiff’  likewise  And  the  Marshall  is  Comanded  to 

Cause  to  Come  twelve  Lawfull  men  of  the  vicinage  & By  whome 

Ac  and  there  came  Jn°  Bird  Walter  Tanner Harris  Richard  Neat 

Rich  Madren  Geo  Kinserly  James Mathew  Winn  Aughtlin  Scar- 

boro:  Jer  Symonds : Chris  M Bartholomew  Hewitt  Who  Impaneld 

& Sworne  say  We  find  for  y®  plaint  if  thirty  Shills  for  y®  Canon  A Dam- 
age with  Costs 

Ordered  tlmtt  Jn°  Palmer  pay  to  Rich  Ashworth  y®  sume  of  thirty 
Shills  for  his  Canoo  & Damage  with  Costs  of  Sute  alias  Execun. 

Wm  Duekenfield  Esqr  Came  to  prosecute  his  sute  agst  Thomas  Evi“® 
Plea  of  y®  Case  for  and  y®  Defend1  Came  not 

Ord  that  v®  Marshall  have  y®  body  of  Tho  Evins  att  y®  next  Gen” 
Court  alias  Judgm1  against  y®  Marshall 

The  Marshall  was  Comanded  to  arrest  y®  body  of  W at  y® 

Sute  of  Wm  ffrayly  in  a Plea  of  y®  Case  and 

y®  plaintiff  Came  not  to  prosecute 

Orderd  that  y®  Action  be  Dismist  and  v®  pi1  pay  Costs  alias  Executn 
The  Court  Adjourned  for  two  Hours 
12  a Clock  Court  meets  Prsent  ut  Supra 

Daniel  Rice  came  to  prosecute  his  Sute  against  Augustine  Scarborrow 
in  a Plea  of  v®  Case  and  v®  Defend1  By  Mr  Tho*  Snoden  his  Attorney  for 
plea  saith  that  y®  Plaintiff  his  Action  ought  not  to  have  for  A that  the 
Action  is  unduly  Entered  they  Receiveing  v®  Cop  Declaration  Som  Days 
before  the  Arrest  which  appearing 

Orderd  that  the  Action  be  dismist  A v®  plaintiff  pay  Cost  alis 
Upon  y®  Petition  of  Ruth  Clark 

Ordered  that  Richard  Ashworth  pay  to  y®  Petition1,  Eight  Shills  and 
4d  with  Costs  alias  Execun. 

Upon  y®  Petition  of  Wm  Waymouth 

Orderd  that  Richd  Ashworth  pay  to  y®  Pot  icon1  Eight  Shills  and  foure 
pence  with  Costs  for  his  travell  A Attendance 
Upon  y®  Petition  of  Wm  Waymouth 


COLON  I A L RECORDS. 


568 


Orderd  that  John  Palmer  pay  to  y®  peticon®  the  sum  of  Eight  Shills 
& four  pence  for  his  travell  & attendance  with  Costs  of  Sute  alias 
Execution 

Adjourned  till  3 a Clock  afternoon 

3 a Clock  Court  meets  prsent  ut  Supra 

Nathan1  Hall  & Hannah  his  wife  Acknowledges  conveyance  to  Geo 
Jordan 

Jn°  Willowby  Acknowledges  Conveyance  of  a tract  of  Land  & plan- 
tation to  Jn°  Anderson 

Wm  Hntchison  Provd  Rights  to  700  Acres  of  Land  by  ye  Importa- 
tion Viz  Moses  Whitaker  twice  Imported  ffrans twice  Imported 

Wm  Thomas  twice  Imported  Jn° Tho  Cowlisle  Jn°Gray  Jn°  Oliver 

Wm  Hutchison times  Imported:  And  Assigned  to  Nathan1  Chevin 

Simon  Knight  provd  his  Right  to  100  acres  of  Land  by  Importation 
of  Himself  & Eliz  Knight 

Mr  Jos  Reading  Provd  his  Rights  to  270  Acres  of  Land  by  Importa- 
tion of  Edw  Dickason 


1703. 

[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


April  yc  4th  1703. 

At  a Vestry  holden  at  the  House  of  Mrs.  Sarah  Gillam — 

Present  The  honoble  Henderson  Walker  Esqr 

Mr.  William  Duckenfield  I , ...  , 

at  pj  4q„-.i  -i  > Church  Wardens 

Mr.  Edwtt  Smithwick  j 

Co"  Wm  Wilkinson 

Capt.  Thomas  Leuten 

Capt.  Thomas  Blount 

Mr.  Nicholas  Crisp 

Mr.  Wm  Banbury 

Nath1  Che\  dn 

The  Church  Wardens  &c.  having  agreed  with  Co11  Wm  Wilkinson  for 
the  Sending  for  a Standard  of  weights  and  Measures  for  the  precinct  and 
he  having  received  the  same  from  Boston  comes  and  produces  an  account 


COLONIAL  RECORDS. 


569 


of  the  Same  from  under  the  Hand  of  Mr.  William  Welstead  Mereli*  of 
Boston  as  followeth  viz1 


Ordered  that  Co11  William  Wilkinson  deliver  to  Mr  Edward  Smith- 
wick  the  aforesaid  Weights  and  Measures  who  is  impowered  to  keep  the 
Same  by  act  of  Assembly  &c  and  that  Mr.  Edward  Smithwiek  give  a 
Receit  for  the  Same. 

Whereas  Robert  Wilson  who  was  kept  by  William  Brethell  for  t he 
Space  of  2 or  3 months  upon  the  Precinct  Charge,  and  is  dead  and  Co" 
Wilkinson  declaring  that  he  has  paid  unto  tlie  Said  Brethell  for  the  care 
and  keeping  of  the  Said  Willson  the  Sum  of  eight  pounds,  which  was 
the  full  Consideration  for  one  whole  year. 

Ordered  that  William  Brethell  shall  reimburse  Co11  William  Wilkin- 
son the  aforesaid  Eight  pounds  except  So  much  as  he  shall  make  appear 
to  have  disburst  for  his  Burial  and  the  time  he  kept  Him — 

It  being  debated  for  a Reader  to  be  agreed  with  to  read  divine  Service 

It  is  agreed  that  the  Church  Wardens  shall  make  Choice  of  a Reader 
who  shall  remain  until  the  next  Vestry  and  if  approved  of  by  the  Ves- 
try shall  remain  and  if  not  shall  be  paid  for  his  time  and  discharged. 

Information  being  made  by  Cap*  Thomas  Blount  that  Elinor  Adams 
by  of  Infirmity  and  Indigence  is  in  great  Danger  of  being  lost  for  want 
of  Assistance. 

The  Same  being  taken  into  Consideration — 

Ordered  that  Captt.  Thomas  Blount  treat  with  Docr  Godfrey  Spruill 
in  order  to  her  Cure  and  that  Doctor  Godfrey  Spruil  be  paid  for  his 
physiek  and  Care  by  the  Church  Wardens  five  pounds,  and  Capt.  Thomas 
Blount  is  requested  by  Vestry  to  endeavour  to  oblige  the  Said  Elenor  to 
Serve  the  Doctor  for  the  use  of  his  House  and  nursing. 


5J  Cts  one  Qr  C*  one  14lb  at  208h  f C‘— 

One  Brass  Yard  25  sh11  One  Iron  Do  at  2 sh11 — 
Three  Brass  Weights  Viz*  4 C 2 etc. — 

One  pair  Brass  Scales — 

One  Wine  Gallon  pewter  pot — 

One  pottle  and  one  Quart  Do. — 

One  4 Bushel  and  one  peek — 

Paid  the  Town  Sealer  for  Sealing  the  Weights  &o — 
Paid  Porterage  to  the  Vessel — 


£ sh"  d 
2:  17:  6 
1:  7:0 
0:  14:  0 
0:  16:  0 
0:  18:  0 
0:  15:  0 
0 : 5 : 0 
0:  3:8 
0:  1:0 


First  Cost — 


£7:  17:  2 


68 


COLONIAL  RECORDS. 


570 


There  being  three  Church  Bibles  intended  for  this  Country  one  whereof 
belongs  to  this  precinct  and  the  Same  being  Sent  for  to  Williarnsburgh 
bv  William  Jones. 

Ordered  that  the  Church  Wardens  pay  one  third  of  the  Charge  for 
fetching  in  the  Said  Bibles. 

There  being  want  of  Some  Letters  for  the  Stamping  the  Weights  and 
Measures  for  the  Standard,  and  Capt.  Thomas  Blount  undertakes  to  make 
a Small  Letter  C for  Stamping  the  Styllyards  and  potts  and  Weights  &e 
and  Larger  C for  the  half  Bushell  and  peek. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  56. — Extracts.] 

MINUTES  OF  THE  COUNCIL  OF  VIRGINIA 

At  a Council  held  at  the  City  of  Williarnsburgh  24  April  1703 

Present 

His  Excellency 

Wm.  Byrd,  Audr  Robt  Carter 

Edm.  Jening,  Secry  James  Blair 

John  Lightfoot  Philip  Ludwell 

Matthew  Page  Wm.  Bassett. 

Henry  Duke 

* * * 

Upon  reading  a letter  from  Henderson  Walker  Esq.  President 
of  the  Province  of  North  Carolina  complaining  that  the  Maherine  In- 
dians do  daily  commit  great  injuries  to  the  inhabitants  of  that  Province 
by  destroying  their  stocks  and  burning  their  timber  and  houses  refusing 
to  pay  tribute  or  render  obedience  to  the  Government  upon  pretence  that 
they  are  tributary  to  this  Her  Maj.  Colony  and  Dominion  also  their  liv- 
ing is  amongst  the  inhabitants  of  the  Province  of  North  Carolina.  It 
is  the  opinion  of  the  Honble  Council  that  it  doth  not  appear  that  the  Ma- 
herine Indians  live  within  the  bounds  of  the  Province  of  Carolina  but 
that  the  said  Indians  have  always  been  reputed  Tributary  and  have  ac- 
cordingly paid  tribute  to  this  Government  as  living  under  the  same  And 
therefore  the  Province  of  North  Carolina  hath  no  pretence  of  demanding 
tribute  of  them  but  if  any  injuries  or  outrages  have  been  or  shall  be 
committed  by  the  said  Indians  to  the  inhabitants  of  North  Carolina  upon 
due  proof  thereof  made  His  Excellency  & the  Honbl*  Council  will  take 
suitable  measures  for  punishing  the  said  Indians  and  giving  all  reasona- 
ble satisfaction  to  the  inhabitants  of  the  said  Province  of  North  Carolina 
therein. 

* * * * 


COLONIAL  RECORDS. 


571 


[From  Vestry  Hook  St.  Paul’s  Parish,  Chowan  Preoinct.J 


At  a Vestry  holden  at  the  Chappell  ye  6th  Day  of  October  1 70.'). 
Present 

The  Honoble  Henderson  Walker  Esqr 
Mr.  Wm  Duckenfield  1 ril  , w 
Mr.  Edward  Smithwick  / Church  "allle"s 
Co11  YVm  Wilkinson 


Capt.  Tho8  Blount 
Cap1  Thomas  Lenten 
Mr.  John  Blount 


Mr.  Nicholas  Crisp 
Mr.  Wm  Banbury 
Nath1  Chevin 


In  pursuance  of  a former  Order 

Ordered  that  the  Church  Wardens  shall  immediately  account  with 
V illiam  Brethell  for  eight  pounds  paid  him  by  Co11  Wm  Wilkinson  and 
if  he  shall  refuse  to  deliver  and  pay  the  Same,  that  they  Commence  an 
Action  ag‘  Him  for  the  Recovery  thereof. 

Ordered  that  the  Church  W ardens  shall  with  all  possible  Speed  have 
the  W indows  of  the  Chappell  finished — and  that  Glass  may  be  Sent  for 
or  purchased  here  if  possible. 


[From  N.  C.  Letter  Hook  of  S.  P.  G.  21st  Oct.  1703.] 


HENDERSON  WALKER  TO  THE  BISHOP  OF  LONDON. 

North  Carolina,  21*/  October,  1703. 
May  it  please  your  Lordship: — 

The  great  and  pious  designs  of  your  lordship  toward  these  American 
parts,  for  t lie  propagation  of  the  Christian  Church,  of  which  you  are  so 
pious  and  good  a pillar,  emboldens  me  to  lay  before  vour  lordship  the 
present  state  of  North  Carolina,  as  to  their  Christian  well-being ; and  I 
was  the  more  encouraged  to  do  it  by  reason  that  our  lords  proprietors 
were  pleased  to  write  to  us  concerning  Mr.  Bray,  your  lordship’s  com- 
missary, coming  to  visit  us. 

My  lord,  we  have  been  settled  near  this  fifty  years  in  this  place,  and  I 
may  justly  say  most  part  of  twenty-one  years,  on  my  own  knowledge, 


572 


COLONIAL  RECORDS. 


without  priest  or  altar,  and  before  that  time,  according  to  all  that  appears 
to  me,  much  worse.  George  Fox,  some  years  ago,  came  into  these  parts, 
and,  by  strange  infatuations,  did  infuse  the  Quakers’  principles  into  some 
small  number  of  the  people;  which  did  and  hath  continued  to  grow  over 
since  very  numerous,  by  reason  of  their  yearly  sending  in  men  to  en- 
courage and  exhort  them  to  their  wicked  principles;  and  here  was  none 
to  dispute  nor  to  oppose  them  in  carrying  on  their  pernicious  principles 
for  many  years,  till  God,  of  his  infinite  goodness,  was  pleased  to  inspire 
the  Rev.  Dr.  Bray,  some  time  about  four  years  ago,  to  send  in  some  books 
of  his  own  particular  pious  gift,  of  the  explanation  of  the  Church  cate- 
chism, with  some  other  small  books,  to  be  disposed  of  and  lent  as  we 
thought  fit,  did,  in  some  measure,  put  a stop  to  their  growth;  and  about 
a year  after,  did  send  to  us  a library  of  books  for  the  benefit  of  this  place, 
given  by  the  honorable  the  Corporation  for  the  Establishing  the  Christian 
Religion,  by  one  Mr.  Daniel  Brett,  a minister  appointed  for  this  place. 
He  for  about  half  a year  behaved  himself  in  a modest  manner,  but  after 
that,  in  a most  horrid  manner,  broke  out  in  such  an  extravagant  course 
that  I am  ashamed  to  express  his  carriage,  it  being  in  so  high  a nature. 
It  hath  been  a great  trouble  and  grief  to  us  who  have  a great  veneration 
for  the  Church,  that  the  first  minister  who  was  sent  to  us  should  prove 
so  ill  as  to  give  the  dissenters  so  much  occasion  to  charge  us  with  him. 
My  lord,  I humbly  beg  you  to  believe  that  we  do  not  think  that  the  Rev. 
Dr.  Bray  knew  anything  of  the  life  and  conversation  of  the  man.  We 
did,  about  this  time  two  years,  with  a great  deal  of  care  and  management, 
get  an  Assembly,  and  we  passed  an  act  for  building  of  churches  and  es- 
tablishing a maintenance  for  a minister  amongst  us;  and  in  pursuance 
thereto  we  have  built  one  church,  and  there  are  two  more  a going  forward  ; 
and  his  excellency,  Francis  Nicholson,  Esq.,  governor  of  Virginia,  was 
pleased,  of  his  pious  goodness,  to  give  us  £10  to  each  church,  and  we 
sent  copies  of  that  act  of  Assembly  to  our  lords  proprietors  to  get  the 
same  ratified,  and  likewise  a copy  to  Dr.  Bray,  to  entreat  his  favor  with 
them  to  obtain  a ratification,  which  we  are  in  hopes  to  obtain  this  ship- 
ping; but  they  not  being  come,  we  are  in  a great  loss.  My  lord,  I hum- 
blv  beg  leave  to  inform  you,  that  we  have  an  Assembly  to  sit  the  3d  No- 
vember next,  and  there  is  above  one  half  of  the  burgesses  that  are  chosen 
are  Quakers,  and  have  declared  their  designs  of  making  void  the  act  for 
establishing  the  Church;  if  your  lordship,  out  of  your  good  and  pious 
care  for  11s,  doth  not  put  a stop  to  their  growth,  we  shall  the  most  part, 
especially  the  children  born  here,  become  heathens.  I humbly  entreat 
your  lordship  to  send  some  worthy,  good  man  amongst  us  to  regain  the 


COLONIAL  RECORDS. 


573 


flock,  and  so  perfect  us  in  our  duty  to  God,  and  establish  us  by  his  doc- 
trine, life,  and  conversation  in  the  fundamentals  of  our  Christian  profes- 
sion, that  we  in  our  .time,  and  those  as  come  hereafter,  may  bless  God  that 
lie  lias  raised  up  so  noble  a pillar  as  your  lordship  to  regain  those  who 
are  going  astray,  and  put  a stop  to  the  pernicious,  growing  principles  of 
the  Quakers. 

Your  lordship  may  seethe  copy  of  our  act  bv  Dr.  Brav,  and  I humbly 
beg  your  lordship’s  pardon  for  giving  you  this  trouble,  and  take  leave  to 
subscribe  myself,  my  lord, 

Your  most  humble  and  obedient  servant, 

HENDERSC )N  WALK ER. 


[Records  of  Perquimans  Precinct  Court.] 

Jan  1703 

At  a Court  Houlden  At  the  House  of  Cap*  James  Coles  The  Secont 
tuesday  In  Janewar  for  the  pVinct  of  Riquimons 

Prsent 

Cap*  Ralph  ffleteher  Judg 
Mr  ftVancis  fFoster  James  Coles 

Mr  William  Bartclift 

Mr  Robart  ttendall  Atorney  to  Patrick  Kenedy  Acknowledged  An 
Assignment  of  a Pattent  to  Mr  Thomas  Snoden  Aturney  to  John  tfal- 
coner  Aturney  to  James  ffugeett. 

Mr  Peter  Godfrey  Proved  An  Account  Against  Peter  Gray  for  too 
Pound  fower  Shilling  And  fower  Pence  Halfe  Penev 

Att  a Courte  held  att  the  house  of  Cap*  James  Cole  the  Second  Tues- 
day of  January  1 70§  being  for  the  pVint  of  Pequimons 
Prsent  Cap*  Ralph  tfletcher  Judge 
Mr  ttrancis  fforster  Cap**  James  Cole 
and  Mr  Wm  Bartlett 
and  Cap**  Jn°  Stepney 

Pr  Godfrey  produces  a Comiss  to  be  clerk  of  the  s'1  pVinct  Court  and 
is  admitted 

Richard  Wool  lard  acknowledges  a p1  of  Land  to  Thomas  Hares  his 
heirs  and  assigns  forever. 

ttrancis  Beasley  acknowledges  a p'  of  Land  to  Thom' Grey  Ordered 
that  ttrancis  Beasley  be  made  Surveyour  of  the  High  Ways — and  Im- 
powered  thereunto 


574 


COLONIAL  RECORDS. 


CapM  Jn°  Stepney  is  Sworne  Commiss'  for  the*  peace. 

Mgr  Samuell  Swann  proves  himself  the  Lawfull  Attorney  of  Mr  Jn° 
Taylors  by  y®  Subscripcon  of  Ifrancis  Toms  Jur 
Ralph  ffletcher 
ffrancis  fibster 
Janies  Coles 
John  Stepney 
William  Barclift 

A Record  of  Pr  Godfreys  Com  mi*  to  be  Clerke  of  the  prcinet  Court  of 
Pequimins  proved  v®  12th  of  Jany  last 

Forasmuch  as  Cap1  John  Stepney  late  Clerke  of  the  Court  of  Pequi- 
mins  prcinct  is  added  to  y®  Com1"  of  the  peace  for  the  Same  p'oinet  there- 
fore out  of  the  certaine  knowledge  I have  of  the  ability  & Integrity  of 
Pr  Godfrey  Gen1  T do  hereby  appoint  authorize  and  Impower  him  y®  sd 
Pr  Godfrey  Gent  to  be  clerke  of  the  aforesd  Preinct  Court  and  I do  by 
these  prsents  authorize  and  Impower  the  sd  Pr  Godfrey  to  aske  demand 
take  & receive  all  legall  & Just  flees  profitts  and  Emolum"  whoever  to 
the  sd  place  or  office  belonging  or  any  wise  Apertevning  and  allso  to  take* 
into  his  Custody  possession  and  Care  all  and  Singular  the  records  papers 
and  writings  belonging  unto  the  sd  pVinet  Court  hereby  revoking  and 
making  void  any  former  Commi88  for  the  sd  office  this  Cbmi'1  to  continue 
in  force  dureing  my  pleasure  In  testimony  whererif  I have  hereunto  putt 
my  hand  and  Seale  this  6th  day  of  January  170§ 

Sam11  Swann e Secretary  [Seale] 

A true  Coppy  of  the  Commi8’  for  the  Peace. 

North  Carolina  ss: 

Jn°  Earle  of  Bath  Palatine  and  the  rest  of  the  true  and  absolute  Lords 
proprietors  of  all  Carolina  Greeting 

To  our  trusty  and  well  beloved  Cap“  Ralph  ffletcher  Jn°  Barrow  ffran- 
cis fibster  Captt  James  Cole  Cap11  Jn°  Stepney  and  W"  Bartlett  Gent, 
being  well  assured  of  vour  Loyalty  prudence  & Integrity  do  hereby 
assigne  and  appoint  you  Justices  of  the  Peace  for  the  pVinet  of  Pequi- 
mins in  the  County  of  Albemarle  Joyntly  and  Severally  to  keepe  or 
Cause  to  be  kept  her  Maties  peace  wthin  the  said  P'cinct  as  allso  to 
keepe  or  Cause  to  be  kept  all  laws  and  Statutes  made  for  the  good  gov- 
ernm*  of  this  Country  and  you  or  any  three  of  you  whereof  one  of  you 
Ralph  ffletcher,  Jn°  Barrow,  ffrancis  fibster  shall  be  one  shall  hold  and 
keepe  a Court  for  your  said  p'cinct  Seavcn  times  every  yeare  viz  the  2d 
Tuesday  in  the  monthes  of  October,  November,  December  January  ffeb- 
ruary  March  and  August  there  to  try  bv  a Jury  of  twelve  true  A Law- 


COLONIAL  RECORDS. 


o ( o 


full  men  all  Petty  larcenies  all  unlawfnll  riotts  and  routes  that  shall 
committed  wthin  your  p'cinct  and  Judgem*  theron  to  give  to  such  paines 
and  Penalties  as  by  law  is  provided  and  allso  do  heare  and  determine  all 
‘flsonall  actions  not  exceeding  the  Summe  of  fifty  pounds  that  shall  bye 
Lawfull  processe  be  brought  before  you  and  allso  once  every  yeare  viz 
the  2d  Tuesday  in  the  month  of  August  you  shall  hold  a Court  for  the 
tryall  of  all  Causes  perteyning  to  Orphans  and  their  Estates  wth  full 
power  to  award  processe  heare  and  determine  all  and  every  matter  cause 
and  things  for  the  disposall  & reliefe  of  orphans  and  Seeureing  their  Estate 
wthin  your  prcinct  that  shall  be  by  Informacon  plaint  or  any  other  ways 
or  meanes  be  brought  before  you  and  a record  thereof  you  shall  cause  to  be 
kept  of  all  y®  orphans  in  your  preinct  their  Guardians  the  valine  of  their 
Estates  and  what  Security  is  given  for  the  same  wch  you  shall  cause  to  be 
altered  & renewed  as  often  as  you  shall  find  necessary. 

This  Comiss  to  continue  during  our  pleasure.  Given  under  our  hands 
and  Seales  of  our  Collony  the  30th  of  July  1702  in  the  first  yeare  of  her 
Matie®  reigne 

Wittness  our  trusty  and  well  beloved  Hendrson  Walker  Esqr  prsid‘  of 
our  Councell  & Comand1'  in  Chiefe  of  our  said  province  and  y*  rest  of 
our  trusty  and  well  beloved  Counsellours  of  State  who  have  hereunto 
Sett  their  hands 

f HENDERSON  WALKER 
This  Commiss  was  truely  and  faith-  ) SAM"  SWANNE 
fully  recorded  Jany  the  16th  170-|  | FFRANCIS  TOMS 

[ Wm  GLOVER 


February  1703 

Att  a Court  held  at  the  house  of  Cap“  James  Cole  the  2d  Tuesday  in 
February  for  the  pVinet  of  Pequimins  being  y®  9th  day 
Present  Capt  Ralph  Fletcher 'j 

Mr  ffrancis  fibster  T7,  „ , ,.  ,3 

, , ..  . , , , V Esq  Justices  ot  the  Peace 

Cap  James  Cole  1 

Captt  Jn°  Stepney  j 

Hannah  Snellen  widd  & relict  of  Izraell  Snellen  <lccd  proves  & ac- 
knowledges one  Deed  of  gift  to  her  Chelldren  desiring  y®  Same  to  be  re- 
corded ordered  that  it  be  recorded 

Coll  Wm  Wilkinson  comes  by  his  Attorney  Thom8  Snoden  to  prose- 
cute his  Suite  ag*  Thom®  Stevens  who  being  returned  non  est  Inventus, 
the  plant,  produces  his  bill  and  prays  an  attachm*  and  is  refused — but 
praying  an  order  ag*  v®  Marshall  tis  granted. 

ordered  that  the  Marshall  bring  y®  body  of  the  sd  fhom*  Stevrens  to 
v®  next  Courte  als  Judgem1  to  be  confirmed  ag*  the  Marshall 


COLONIAL  RECORDS. 


•")<() 


James  Oats  comes  to  prosecute  his  Suite  ag‘  Jn“  Morgan  the  sd  Jn° 
Morgan  appearing,  Confesses  Judgenf 

Ordered  that  Jn°  Morgan  pay  unto  James  Oates  nine  & thirty  shill 
\vth  Cost  of  Suite  als  excecution. 

Coll  Wm  Wilkinson  l>v  his  Attorney  Mr  Thom8  Snoden  comes  to  prose- 
cute his  Suite  against  David  aires  in  an  action  of  D‘  and  agrees 

Mr  Jn°  Haeklefield  conies  by  his  Attorney  Mr  Thom8  Snoden  to  prose- 
cute his  Suite  ag‘  Jn°  Willis,  'flic  Sd  Jnu  Willis  being  returned  non  est 
Inventus 

Wi  Jn°Son  comes  to  prosecute  his  Suite  agl  Mr  Jn°  ffaulkner  The  Sd 
Jn°  ffaulkner  not  appeareing  the  Plan1  prays  an  ordrs  agl  the  Marshall 

Ordered  that  the  Marshall  bring  the  body  of  the  said  Jn°  ffalkner  to 
ye  next  Court  als  Judgem‘  to  be  Confirm’d 

Sam11  Charles  as  Constable  Informes  ag‘  one  Jeane  Richds  a late  Serv‘ 
to  Mr  Jn°  Haeklefield  that  the  said  Jeane  is  lately  delivered  of  a bastard 
child  wthin  this  prcinct  and  being  thereby  guilty  of  the  breach  of  the 
penall  Laws  ordered  that  the  Sd  Jeane  be  Summon’s  at  v°  next  Courte 
held  for  the  prcinct  of  Pequimins  to  answer  to  such  things  may  be 
aleadged  ag‘  her 

Ordered  that  Thomas  Harvey  be  overseer  of  the  High  ways  for  the 
year  Insuing  from  Suttons  Creeke  to  Deep  Creeke  and  I m powered 
thereunto 

Upon  a Petition  of  Mary  Coffen  Widd 

The  Sd  Mary  proves  three  rights  being  for  the  transportation  of  ffran- 
cis  and  Mary  Coffen  and  Jn°  Thursten  and  Assignes  them  to  her  Sonne 
in  Law  Riehd  Rose. 

Upon  a petition  of  Mary  ffisher  widd  & relict  of  James  ffisher  lately 
deed  she  request  & prays  ordr  of  Administration  on  the  Estate  of  the  Sd 
James  ffisher  ffer  that  the  said  Mary  haveing  Sometime  Since  proved  a 
will  of  the  Sd  James  ffisher  wch  Said  will  being  found  Insufficient  and 
noe  Executr  named  the  will  is  hereby  made  void  and  it  is  hereby  ordered 
that  the  Said  Mary  may  administer  on  the  Sd  Estate  and  have  a power 
of  Administration  granted  for  that  purpose. 

Ordered  that  Capu  Jn°  Stepney,  James  Ward  and  Stephen  Swain  & 
Xpher  Butler  do  appraise  the  Estate  of  the  said  James  ffisher  and  bring  and 
produce  a true  Inventory  the  Courte  of  the  Same  ag‘  August  Courte  next 
The  Sd  Mary  ffisher  giveing  bond  & good  Security  in  that  Case  as  the 
Law  directs. 

Sarah  Harris  on  a Petition  requests  that  her  Grand  Mother  Mary  All- 
bertson  may  be  her  guardian,  Natt  Allbertson  & hereby  relinquishing 
his  power  of  Guardianshipp. 


COLONIAL  RECORDS. 


577 


And  the  said  Mary  Allbertson  accepts  of  the  Choice  and  is  hereby 
Confirmed  guardian  over  the  Said  Sarah  Harris  and  making  Oath  to  an 
Inventory  of  the  Sd  Estate  of  the  Sd  Sarah  Harris  ordered  the  Same  to 
be  recorded. 

Richd  Rose  Proves  one  Right  to  50  acres  of  Land  by  transportation 
of  himselfe 

Mary  ffisher  gives  bond  as  Adm8  of  her  late  husband  James  ffisher  to 
save  the  Court  harmeless  by  her  Securities  Cap*  James  Cole  & Xplier 
Butler 

Mary  Allbertson  guardian  to  Sarah  Harris  gives  bond  <fc  Security  by 
Eza  Allbertson  & Dennis  Mackclendon  for  tiie  sd  orphans  Estate  & to 
save  the  Court  harmelesse 

RALPH  FFLETCHER 
FRANCIS  FOSTER 
JAMES  COLES 
JOHN  STEPNEY. 


Att  a Court  held  at  the  house  of  Cap**  James  Cole  the  9th  day  of  March 
being  the  2d  Tuesday  thereof  for  the  prcinct  of  Pequimins  p'sent 
Cap**  Ralph  ffletcher 


ffrancis  fforster 
Cap**  James  Cole 
Cap**  Jn°  Stepney 
\Vm  Bartlett 


Esq"  Justices 
the  Peace 


William  Turner  and  Amy  his  wile  makes  over  a patt"*  and  all  the 
Land  therein  conteyned  unto  James  Newbv  and  acknowledges  the  same 
in  Court. 

James  Newby  and  Sarah  his  wife  acknowledges  a pattent  and  all  y® 
land  and  appurtenances  therein  conteyned  unto  James  fforster  his  heirs 


and  assignes  for  ever. 

I 'pon  a petition  of  Gabrieli  Newby  for  two  orphants  left  him  by  Marv 
Hancock  the  late  wife  of  Thom*  Haneoeke  and  proveing  the  same  by  the 
oathes  of  Eliz.  Steuward  and  her  daughter  the  Court  doe  agree  to  bind 
them  unto  him  he  Ingaging  A promising  before  the  Courte  to  doe 
his  endeavour  to  learne  the  boy  the  trade  of  a wheelwright  and  likewise 
give  him  at  the  expiration  of  his  time  one  ear  old  heifer  and  to  v®  girle 
at  her  freedome  one  Cow  and  Calfe  besides  the  Custome  of  the  Country 
and  has  promised  at  v®  next  orphans  Court  to  Signe  Indentures  for  that 
effect. 

Jn°  Hopkins  and  Sarah  his  wife  acknowledges  a tract  of  land  unto  .In® 
Hare  Junr  his  heires  and  Assignes  for  ever 
(19 


578 


COLONIAL  RECORDS. 


Isaack  Wilson  and  Anne  his  wife  seales  and  delivers  a bill  of  Sale  for 
land  unto  Ralph  Boseman  and  acknowledges  ye  same  in  Court  and 
ordered  to  be  recorded. 

E/a.  Albertson  is  Sworne  Constable  from  the  hithermost  part  of  Litle 
river  to  the  lower  side  of  Suttons  Creeke 

Wm  Jn°Son  comes  to  prosecute  bis  ag4  Mr  Jn°  Ifaukner  and  agrees. 

Jn°  Anderson  come  to  prosecute  his  suite  ag4  Rich'1  Bayliffe  in  a plea 
of  the  case  and  agrees. 

David  Aires  not  coming  to  prosecute  Ids  Suite  ag*  Brient  Fitzpatrick 
ordered  that  it  be  dismist 

Mr  Jn°  ffaukner  Comes  to  prosecute  his  Suite  ag*  W1T1  Jn°Son  and 
agrees. 

Mr  Jn°  tfalconer  comes  to  prosecute  his  Suite  ag1  .In0  Jennett  the  sayd 
.In0  Jennett  not  appearing  ordered  that  the  Marshall  bring  the  body  of 
the  sd  Jn°  Jennett  to  y®  next  Court  to  answer  the  Comp’1*  of  the  said  .Jn° 
tfaulkner  a'8  Judgem*  to  be  confirmed  ag1  the  Marshall 

Ordered  that  the  Marshall  have  an  Attachm4  ag4  the  State  of  Jn°  Jen- 
nett  Sufficient  to  Indemnifie  the  said  Marshall  from  all  damages  & charges 
y*  may  arise  through  an  order  passed  against  him  for  the  nonappearance 
of  the  said  Jn°  Jennett. 

Mr  Jn°  Porter  comes  to  prosecute  his  Suite  ag1  Jn°  Jennett  in  an  action 
of  the  Case  and  by  his  Subscription  proves  that  .In0  Jennett  is  Indebted 
to  him  two  pounds  one  Shill  and  Eleaven  pence  and  prays  an  order  ag4 
the  Marshall. 

Ordered  that  the  Marshall  bring  the  body  of  Jn"  Jennett  to  courte  to 
answer  the  Compl4  of  Mr  Jn°  Porter  als  Judgem4  to  be  continued  ag4  the 
Marshall. 

Ordered  that  the  Marshall  attach  so  much  of  the  goods  of  Jn°  Jennett 
as  will  Indemnifie  and  Save  harmelesse  the  sd  Marshall  from  all  damages 
y4  may  accrue  by  virtue  of  an  order  passed  ag4  y4  Marshall  at  the  request 
of  Mr  Jn°  Porter. 

Pr  Grey  acknowledges  a deed  of  Sale  for  land  unto  Pr  Godfrey  his 
heires  and  assignes  for  ever  ordered  y4  the  Same  be  recorded 

Mary  Coffin  acknowledges  a conveyance  for  land  unto  James  Ander- 
son his  heires  and  assignes  for  ever  ordered  that  the  same  be  recorded. 

Upon  a Petition  of  Eli/:  Thiggpen  makeing  it  appear  by  her  Subscrip- 
tion that  her  husband  James  Thiggpen  & herselfe  attended  the  Court  one 
day  in  behalf  of  Juliana  Lakers  and  the  sd  Juliana  Lakers  refusing  to 
pay  them  according  to  Law  ordered  that  Juliana  Lakers  pay  unto  James 
Thiggpen  the  Surnrae  of  five  shills  w4h  Cost  a'8  Execution. 


COLONIAL  RECORDS. 


579 


Upon  a petition  of  Jeane  Stevens  Shewing  to  the  Court  that  l>r  Grey 
did  formerly  attach  Sundry  goods  in  the  hands  of  Jn°  Bennett  viz 
two  weeding  hoes  one  hilling  hoe  one  falling  ax  one  Tomahauk  one  three 
gallon  roundlett  and  three  bushells  of  Corne 

Ordered  that  Jn°  Bennett  deliver  unto  Thomas  Stevens  theabovemcn- 
tioned  ^ticnlars  wth  Cost  als  Execution  She  haveing  taken  oath  they  are 
justly  due  unto  her. 

Upon  a Petition  of  Jeane  Richards  declareing  herselfe  to  be  a late 
Serv‘  of  M‘  Jn°  Hacklefield  and  being  now  free  humbly  prays  Corne  A 
Cloathes  as  usuall  She  taking  oath  that  tis  Justly  due  unto  her. 

Ordered  that  Mr  Jn°  Hacklefield  pay  unto  Jeane  Rich11*  his  late  Serv‘ 
Corne  and  Cloathes  according  as  the  Law  in  that  Case  provides  wth  Cost 
a'8  execution. 

Whereas  upon  an  Information  of  Sam11  Charles  ag‘  Jeane  Riehd*  have- 
ing a bastard  child  the  said  Jeane  Richards  appearing  takes  oath  that 
Larence  Arnold  is  the  only  father  to  her  said  Child  Ordered  that  the 
said  Jeane  Richards  receive  twenty  one  stripes  according  as  the  act  of 
Assembly  in  that  case  hath  provided 

Whereas  Garrett  Pursell  and  Wm  Daviss  makeing  their  appearance 
according  to  a Summons  issued  out  by  Capu  James  Cole  on  suspition  of 
dishonest  flsons  the  said  Garrett  Pursell  and  Wm  Davisse  takes  oath  that 
the  man  that  came  in  with  them  and  parted  from  them  Archibald  Homes 
house  was  one  named  Jn°  Petti vour. 

RALPH  EEL ETCHER 
FRANCIS  FOSTER 
JAMES  COLES 
JOHN  STEPNEY 
WILLIAM  BARCLIFT. 

July  1703 

Att  a Court  held  att  the  house  of  Cap“  James  Coles  the  13th  day  of 
July  1703  for  the  p'cinct  of  Pequimins  prsent 
Captt  Ralph  {Hotelier  5 
Mr  ffrancis  fforster  ! Esqr  Justices  of  her 
Cap**  James  Coles  i MatHS  peace. 

Cap**  J n°  Stepney 

Richard  Burthenshall  being  Attorney  for  his  wife  priscilla  wth  himselfe 
acknowledges  a tract  of  Land  unto  Jn°  Yatts  and  his  Assignes  ordered 
the  same  be  recorded 

Arthur  Carelton  bv  a Petition  prays  administration  on  the  Estate  of 
Thomas  Cuttlett  as  nearest  of  kinne  bv  marriage  of  his  Mother  and  is 
denyed. 


COLONIAL  RECORDS. 


r(«  o 


Anne  Jukeson  vvidd  & relict  of  Robert  Jukeson  lately  deed  by  a Pe- 
tition prays  an  order  for  proveing  a verball  will  of  the  said  Robert  Juke- 
son  by  the  Evidences  of  Jn°  Long  Jn°  Stacy  & Margery  White  who  be- 
ing Sworne  & Examined  averr  that  the  said  Robert  Jukeson  on  his  death 
bedd  was  in  ^Jfect  Sence  & memory  & did  then  give  A bequeath  his  reall 
A ^sonall  Estate  unto  the  Said  Anne  his  wife — making  her  only  and 
Sole  executrix  wch  Said  Will  is  allowed  to  be  good  and  Authenticke. 

Mary  ffisher  widd  A relict  of  James  ffi slier  deed  produces  an  Inven- 
tory of  Appraisem1  of  the  Estate  of  the  said  James  ffisher  attesting  the 
same  to  be  full  & Just  ace1  except  some  things  excepted  in  the  said  Inven- 
tory. The  said  Mary  ffisher  likewise  produces  an  ace4  of  seaventeene 
pounds  and  thirteene  shill  disbursem*®  out  of  ye  Estate  of  the  said  James 
ffislier  attesting  the  same  to  be  payd  or  legally  due. 

Anthony  Alexander  and  Anne  his  Wifes  acknowledge  a pcell  of  land 
unto  Thom8  Evins  and  his  assignes  desiring  the  same  may  be  recorded. 

Richard  Davenport  acknowledges  a pcell  of  land  unto  Jn°  Davenport 
praying  the  same  may  be  recorded. 

Jn°  Davenport  acknowledges  a pcell  of  land  unto  Riehd  Davenport  his 
father  dureing  life  and  prays  the  same  to  be  recorded. 

James  fibster  by  a Petition  requests  leave  to  prove  five  rights  (viz1) 
two  for  himselfe  Hannah  fforster  Sam11  W right  & Mary  White  and  is 
granted 

Garrett  Pursell  proves  an  ace4  of  three  pounds  and  Six  pence  ag‘  Mr 
Jn°  Pettivour  and  haveing  had  an  attach  m4  ag4  the  estate  of  the  said  Jn° 
Pettiver  A a Mare  & Colt  being  attached  Ordered  that  Thomas  Norcum 
Caleb  Calloway  appraise  the  said  Mare  A Colt  and  pay  unto  the  Sayd 
Garrett  Pursell  his  said  debt  of  three  pounds  and  Six  pence  wth  Cost  and 
the  overplush  to  returne  to  the  said  Jn°  Pettiver  if  any  be. 

Upon  a Petition  of  Jn°  West  brother  in  Law  to  the  Orphants  of 
Lewis  Alexander  A Ester  Knight  praying  for  two  Orphants  (viz1)  Lewis 
Alexander  A Emanuel  1 Knight  ordered  that  the  said  Jn°  West  take  the 
said  orphants  into  his  Care  and  Custody  wth  all  their  Estates  A 
portions  belonging  to  them  the  Plantation  excepted  The  Said  Jn°  West 
giveing  Sufficient  Security  for  the  Said  Estates  and  the  plantation  to 
remuine  in  the  hands  of  Edward  and  Dan11  Pvsong  for  the  terme  of  five 
yeares  from  hence  to  come  they  keeping  the  Same  in  good  repare  A at 
end  of  the  terme  delivering  it  up  unto  the  said  Jn°  West  tenantable  A 
in  good  repaire  & provided  the  said  Edward  and  Dan”  Pvsong  shall 
leave  the  partes  before  the  expiration  of  the  said  terme  the  said  Edward 
A Dan11  Shall  before  such  departure  deliver  up  the  Plantation  as  afore- 
said. 


COLONIA L RECORDS. 


581 


Win  Hall  and  Win  Padderton  Comes  to  prosecute  their  Suite  ag*  Mrs 
Juliana  Lakers  The  said  Juliana  Lakers  not  appearing  an  ordr  is  prayed 
ag*  the  Marshall 

Ordered  the  Marshall  bring  the  body  of  the  said  Juliana  Lakers  to 
the  next  Court  als  J udeint  to  be  confirmed. 

Ordered  that  Joshua  Calloway  be  overseer  of  the  high  ways  in  the 
roome  of  Jn°  Wyatt. 

and  Win  Long  in  the  place  of  Peter  Jenet. 

Cap**  Cole  proves  himsclfe  the  lawful  1 Attorney  of  Mr  Walter  Crad- 
dock— by  the  ( lathes  of  Henery  Spring  & Mary  Coles 

RALPH  FFLETCHER 
FRANCIS  FOSTER 
JAMES  COLES 
JOHN  STEPNEY 


Pequimins — ss  Att  a Court  held  for  the  prcinct  of  pequimins  the 
Second  Tuesday  in  October  att  y®  House  of  Cap1  James  Coles  Oetobr12th 
1703 

The  Courts  Comission  being  published  and  the  usuall  oaths  of  Justices 
being  taken  the  Court  Sat. 

prsent 

The  Worp11  Ralph  Fletcher  ' 

The  Worp11  Francis  Foster 
The  Worp11  James  Coles  > Esqr 
The  Worp11  Wm  Bartlett 
The  Worp11  John  Stepney 

M”  Joanna  Tayler  proves  the  Last  & Will  & Testa  m*  of  Mr  W“ 
Boyce  by  the  Oaths  of  Mr  Peter  Godfrey  & Elizabeth  Stewart  and  that 
the  Executrix  have  A probatt  thereof  Ordered  that  Mrs  Joanna  Tayler 
present  an  Inventory  of  the1  Sd  Mr  Boyces  Estate  to  the  next  Court  and 
that  Mr  James  Coles  Mr  John  Stepney  A Mr  Caleb  Calleway  be  ap- 
pointed to  appraise  the  same. 

Upon  petition  of  John  Hare 

Ordered  that  the  petition1,  as  nighest  of  kin  to  his  deced  Father  have 
Letters  of  Administration  granted. 

The  Marshall  was  required  to  arrest  the  body  of  Mri9  Juliana  Lakars 
to  answer  y®  Comp*  of  Wm  Hall  A Wm  Padderton  in  a plea  of  the  Case 
for  that  the  Def*  Stands  indebted  to  the  pr*9  the  Slime  of  five  A twenty 
Shillings  agreed  to  be  pd  in  the  hands  of  Mr  Wm  Boyce  And  for  plea  the 
deft,  putts  the  p1*  to  the  proof  of  his  declaration  An<l  putts  herselfe  upon 
the  Country  A the  pits  likewise  and  the  Marshall  is  required  to  cause  to 
come  twelve  true  A lawfull  men  to  whom  neither  party  is  allyed  By 


5 82 


COLONIAL  RECORDS. 


whom  the  Matter  may  be  found  <fcc  And  there  came  Mr  Peter  Godfrey 
Mr  James  Morgan  Mr  John  Hopkins  Mr  Peter  Jones  Mr  John  Wyatt 
Mr  Samuel  Ilerst  Mr  John  Bennett  Mr  John  Hare  Mr  Richard  Skinner 
Mr  Abraham  Warren  Mr  Nicholas  Filbert  & Mr  John  Foster  who  Im- 
pannell’d  & Sworn  Say  wee  find  for  the  Plu  according  to  Evidence  Or- 
der’d that  the  Deft  pay  to  the  pltts  the  sumo  of  £1  os  alias  Execucon. 

Ordered  that  Abraham  Warren  be  appointed  overseer  of  the  High 
Wayes  from  Duttons  Creeke  to  Deep  Creek  in  the  Room  of  Thomas 
1 larvey 

(Ordered  that  John  Bateman  be  appointed  overseer  of  the  High  Wayes 
from  Hartleys  Point  to  the  usuall  place  in  the  Room  of  Thomas  Boswell 

Thomas  Speight  proves  Rights  for  350  acres  of  Land  by  the  Importa- 
con  of  Mary  Speight  Sen  Ditto  Jim  John  Hetterter  Mary  Fitt  Garratt 
Elizabeth  Do  Negro  Hannah  & hi  nisei  fe. 

Thomas  Dorton  proves  his  Rights  to  150  acres  of  Land  by  the  Im- 
portacon  of  himselfe  Thomas  Davis  & Anne  Davis. 

rfhe  Marshall  was  required  to  arrest  the  body  of  Richd  Davenport  to 
answer  the  compP  of  Thomas  Clarke  in  a plea  of  coven1  for  that  the 
Deb*  hath  not  performed  his  covenant  in  building  of  a barn  and  for  plea 
the  Def*  by  Thomas  Norkam  his  attorney  demurrs  in  Law  <&  putts  the 
pP  to  the  proof  of  his  Declaration  and  putts  himself  upon  the  Country 
and  the  p1*  likewise  and  the  Marshall  is  Cofiianded  to  cause  to  come  twelve 
true  and  lawfull  men  to  whom  neither  parties  are  allved  by  whom  the 
matter  may  be  found  &c.  and  there  came  Mr  Peter  Godfrey  Mr  James 
Morgan  Mr  John  Hopkins  Mr  peter  Jones  Mr  John  Wyatt  Mr  Samuel 
IJerst  Mr  John  Bennett  Mr  John  Hare  Mr  Richard  Skinner  Mr  Abraham 
Warren  Mr  Nicholas  Filbert  & Mr  John  Foster  who  Jmpaneld  & Sworne 
say  wee  find  for  the  pu  Seven  pounds  & Six  Shillings  with  Costs. 

Ordered  that  the  Def1  pay  to  the  p“  Seven  pounds  & Six  Shillings 
with  Costs  alias  Excecucon. 

Upon  peticon  of  Wm  Lacy 

Ordered  that  I/es  of  administration  be  granted  to  the  petition1  upon 
the  Estate  of  Nicholas  Johnson  deced 

Ordered  that  Richard  Davenport  pay  unto  Margery  White  for  her 
going  and  coming  & attendance  att  this  Court  as  an  Evidence  in  a mat- 
ter depending  between  the  sd  Richard  Devenport  & Thomas  Clark  the 
Sume  of  2s  <id  with  cost  alias  Excecucon. 


WILLIAM  BARCLIFT 
JOHN  STEPNEY 


R A LPH  FFLETCH ER 
FRANCIS  FOSTER 
JAMES  COLES 


COLONIAL  RECORDS. 


58; 


o 

o 


[Records  of  General  Court.] 


Att  a Gen6'1  Court  Holden  at  ye  House  of  Col0  -In0  Heclefield  March 
v°  29th  1703  Being  p'sent  The  Hoble  Win  Glover  Thos.  Symonds  Rich 
Plator  William  Collins  Esq" 

The  Courts  Comission  being  Published  Mr  Rich  Plator  & Mr  W illiam 
Collins  do  solemnly  take  ye  oaths  by  Law  appoyntd  before  y®  Honbl® 
president. 

Mary  Books  acknowledges  a Conveyance  of  a tract  of  Land  & Plan- 
tacn  to  Robt  Hosea 

A Lettr  of  Attorney  from  Cap1  -In0  Hecklefield  to  Daniell  Phillips  was 
acknowledged  fl  y®  Constituent  And  then  v®  Court  Adjourned  till  to 
Morrow  Morning  7 a Clock. 

Wednsday  ye  30th  of  March  1703  v®  Court  Meets  Psent  The  Honbl° 
Majr  Sam1  Swann  Win  Glovr  Tho  Simons  Rich  Plator  Wm  Collins  Esq" 

Mr  Jn°  Porter  & AIr  Rich  Plator  do  mutoually  agree  upon  an  Issue  in 
an  action  of  Debt  and  y®  matter  being  ffully  Debated 

Ordered  that  Mr  Rich  Plator  pay  to  Mr  -In0  Porter  y®  sum  of  five 
pounds  In  Pork  With  Costs  alias  Execu" 

Mr  -In0  Porter  attor  of  James  Jones  Comes  to  prosecute  his  sute  against 
Henry  Slade  and  y®  Defend*  Came  Nott 

Ordered  that  v®  Marshall  have  y®  body  of  Henry  Slade  att  v®  next 
Court  holden  for  this  province  y®  Last  Tusdav  in  July  next  alias 
Judgm*  to  go  ags*  v®  Marshall 

-In°  Bird  Comes  by  Thomas  Snoden  his  Attorney  to  prosecute  his  sute 
agst  Wm  Reed  In  a Plea  of  Debt  & v®  s'*  Reed  comes  and  prayes  a ref- 
ferrence  till  next  Court  And  Shewing  Sufficient  Reasons  for  v®  same. 

Ordered  that  v®  action  be  Refferrd  to  v®  first  day  of  the  next  (fen11 
Court 

Mr  -In0  Bird  Comes  by  Thomas  Snoden  his  Attorney  to  prosecute  his 
sute  against  Wm  Reed  In  a Plea  of  y®  Case  & says  y*  y®  sd  Reed  stands 
indebted  to  v®  pi*  in  y®  sum  of  2.  14.  fi  ^ ace"  and  y®V  Reed  Comes  & 
provs  paym*  made  by  y®  Subscription  of  Augustine  Scarborrow.  Or- 
derd  that  y®  Sute  be  dismist  & y®  Plaintiff  pay  Costs 

Mathew  Winn  Comes  by  Tho®  Snoden  his  Attorney  to  prosecute  his 
sute  against  Mr  Jn°  Jenins  in  a Plea  of  Defamation  and  y®  Defend*  comes 
<&  pleads  Justification  and  prays  a Refference  till  v®  Next  Court 

Orderd  that  v®  action  be  Refferd  to  v®  first  day  of  v®  Next  (fen*11 
Court. 


COLONIAL  RECORDS. 


58  1 


The  Marshall  was  Comanded  to  arrest  y®  body  of  Roger  Monteague 
Extor  of  ye  Last  Will  A Testa  m*  of  Rich  Collins  Decd  and  y*  Mr  Ar- 
dern  plaintif  Came  nott  to  prosecute  and  ye  Def*  prays  a Nonsute  att  y® 
Sute  of  Mr  Jn°  Ardern 

Ord  that  a Nonsute  be  granted  to  y®  Defend® 

Mr  Jn°  Porter  Conies  to  prosecute  his  sute  agst  Nieh  Hilbert  and  de- 
clares for  y®  sum  of  8:  10:4  in  Pork  A y®  Defend*  Comes  A Confesses 

Ordered  that  Nieh  Hilbert  pay  to  Mr  Jn°  Porter  y®  sum  of  8 10  1 In 
fresh  pork  with  Costs  of  Sute  alias  Exeeun 

Colonell  Wm  Wilkison  Attorney  of  Mr  Huggendeclin  of  New  York 
comes  to  prosecute  his  Sute  agst  ffra  Delemaine  A An  his  wife  and  y® 
Defend*  Came  Not 

Ordered  that  y®  Marshall  have  y®  body  of  ffra  Delemaine  A Ann  his 
wife  att  y®  first  day  of  y®  Next  Gen11  Court  alias  Judgm*  to  be  Confirmed 
ags*  y®  Marshall 

Mathew  Winn  Comes  ^ Tho  Snoden  his  attorney  to  prosecute  his 
Sute  against  Jn°  Jenins  in  a Pica  of  Defamati  and  y®  Deft  prays  a Reff'er- 
rence  till  Next  Court  which  is  granted. 

Upon  y®  Petition  of  James  Tooke 

Ordered  that  Administran  of  y®  Estate  of  Jn°  Took  Deced  be  Comit- 
ted  to  y®  peticonr  and  that  Capt  Jeremiah  Goodridg  Capt  Nick  Jones  A 
Mr  Janies  Rridgham  apraise  y®  same  being  first  Sworne  by  v®  Hon1’1®  Sam1 
Swann  Esqr 

A Lett®  of  Attorney  from  Ralph  Chapman  to  Tho  Boyd  was  proved 
$ oath  Wm  Glovr  Esqr 

Cap*  John  Hunt  acknowledges  a sale  of  a Plantation  to  Tlios  Boyd 
attor  of  Ralph  Chapman  and  Eliz  his  Wife  Relinquishes  all  her  title  of 
Dower  to  y®  Same 

Mr  Christopher  Gale  brings  an  aec°  agst  y®  Estate  of  Jn°  Harvey  Esq1' 
and  Coll  Wm  Wilkison  Extor  of  Jn°  Harvey  Esq  being  present  saith 
not 

Ordered  that  Coll  Wm  Wilkison.  pay  to  Mr  Chris  Gale  as  he  being 
Executor  to  Jn°  Harvey  y*  Sum  3 19  11  w*h  Costs 

A W ill  of  Sam1  Pricklove  was  provd  by  y®  Oath  of  ffra  Penrice  A y® 
subscription  of  Jn°  Anderson 

Geo  Harriss  is  sworne  Deputy  Marshall  for  pascotank  precinct  and 
takes  v®  oath  bv  Law  apoynted 

Mr  Jn°  Porter  Comes  to  prosecute  his  sute  against  Christopher  Butler 
and  says  he  is  Damnified  in  his  Cr  and  Reputation  by  y®  sd  Butler  in  v® 
Sum  of  300£  Sterling  and  y®  Marshall  makes  Returne  a true  Cop  of  y® 
writt  A Declarati  Left  att  y®  Dwelling  house  of  y®  plaintiff  and  y®  Defend 


COLONIAL  R ECORDS. 


585 


Came  not  And  y®  Court  i.s  of  opinion  y*  y®  Marshall  Amend  y®  Return 
of  y®  writt  & Return  Non  Est  Inventus 

Which  being  done  y®  plaintiff  prays y4  an  Attachm4  may  go  forth  against 
y®  goods  & Chattel  Is  of  y®  Defend4 

Ordered  that  y®  Marshall  Atteach  so  mueli  of  y®  goods  A Chattells 
Rights  & Cr  of  y®  sd  Butler  as  will  amount  to  y®  sum  Declared  for  with 
Cost  &c 

Mr  Chris  Gale  Came  to  prosecute  his  sute  agst  Tho  Evins  in  a plea  of 
y®  Case  for  y®  sum  of  2:  13:  2i  & provs  ye  same  ^ Oath 

Ordered  that  Tho  Evins  pay  to  Mr  Chris  Gale  y®  sum  of  2 13:  21  wth 
Costs  alias  Execut" 

Walter  Craddock  Comes  to  prosecute  his  sute  against  Cap4  Jeremiah 
Goodridg  in  a Plea  of  y®  Case  for  y®  sum  of  £77:  14  acc®  and  y®  De- 
fend4 saith  not 

Ordered  that  y®  Marshall  have  y®  body  of  Cap4  Jeremiah  Goodridg  att 
y®  Next  Gen11  Court  in  July  Next  alias  Judgm4  to  be  Confirm*1  agst  y® 
Marshall 

Upon  Petition  of  Dorothy  Simpson 

Ordered  that  Mr  Henry  White  Mr  Jn°  Rapier  Mr  James  Davis  shall 
lay  out  all  v®  Lands  whereof  Wm  Simpson  Deceased  was  possest  in  his 
Lifetime  and  shall  deliver  to  v®  peticonr  the  one  third  thereof  to  be  to  her 
as  her  dower 

Mr  Wm  Glover  by  his  petition  shews  y4  v®  place  of  Richd  Collins  stands 
indebted  to  him  in  v®  sum  of  7:  18:  3 and  prays  an  order  for  ye  same 
and  Roger  Mon teague  being  Present  saith  not 

Ordered  that  Roger  Monteague  pay  to  y®  lion"  William  Glover  in  y® 
sum  of  seaven  pound  eighteen  shillings  A'  five  pence  with  Cost  of  sute 
alias  Execut"  if  Assetts  to  be  found 

Upon  y®  petition  of  John  Meade 

Orderd  that  Tho  Symons  pay  unto  y®  petition1  y®  sum  of  five  pounds, 
as  he  being  executor  of  Charles  Jones  Deced  itt  being  for  y®  bringing  up 
a negro  boy. 

Cap4  Jeremiah  Goodridg  came  to  prosecute  his  sute  against  Mr  Fred- 
rick Jones  In  a Plea  of  v®  Case  and  y®  Defend4  saith  nott  And  Mr  Tho 
Snoden  attorney  for  y®  plaint  iff'  prays  Judgm4  against  y®  Marshall  Ordr 
that  y®  Marshall  have  y®  body  of  Mr  Peter  Godfrey  Attor  of  Mr  tired 
Jones  att'y®  next  Court 

A Bill  of  Sale  from  Mr  Wni  Duckenticld  to  Mr  John  Porter  was  ac- 
knowledged 


70 


COLONIAL  RECORDS. 


586 


a Conveyance  of  a tract  of  Land  &e  was  acknowledged  by  Mr  W“ 
Duckenfield  to  Richd  Ashworth 

SAMUEL  SWANN 
W.  GLOVER 
THOMAS  SYMONS 
RICHARD  PLATER 
Wm  COLLINGS 

To  July  Court  ffrom  March  Court  Reffer  & orders  agst  Marshall  viz1 
Pouter  attor  Jones  vers  Slade 
order  vers  Marshall 
Bird  vers  Reed 
Refferrd 

Winn  vers  Jen  ins 
2 acts  Refferd 

Wilkison  Attor  Huggendeclin  vers  Lemarr  & Wife 
ordr  vers  Marshall 
Porter  vers  Battle 

Non  Est  Inventus  Returnd 
Cradock  vers  Goodridg 
Ordr  vers  Marshall 
Goodridg  vers  Jones 
Ordr  vers  Marshall 
Chevins  vers  FFraly 
Sute  for  3 : 9 : 6 ^ ace0 
FFredrick  Jones  vers  Jeremiah  Goodridg 
Plea  Case  Damage  1000£ 

Idem  & Company  vers  Ditto 

Plea  Case  Damage  500<£  Non  Est  Inventus 
Wm  Duckenfield  Esq  vers  Monteague 
Plea  Case,  no  Return 
May  16th  1703  Idem  vers  Daw 
Plea  Debt 

Mr  Boyd  atteach  Dr  Swoann 
Mr  Henry  Baker  Mercht  of  Virgia  vers  Early 
Plea  Case 

Cobb  &c  vers  FFewox 
Retraxitt 


COLONIAL  RECORDS. 


587 


Chapman  vers  Powell 
detinue  Retur  Executed 
Idem  vers  Sirlicum 
Case  Retraxitt 

Semmons  vers  FFittzpatrick 
Not  Executed 
Newby  vers  FFraly 
Debt  Executed 
Platt  vers  Martin 
Retor  Executed 
Stanton  vers  Bandy 

Tresspass  on  y®  Case  Retur  Executed 
Haughton  vers  Norman 
Return  Executed 

ScARBORO  ^ SuPERSI DIAS  agst  RlCE 
Griffin  Supersidias  agst  Jones 
Wm  Reed  vers  Benj  Tull 
Case 

Know  all  men  by  these  prsents  that  1 Henry  Baker  of  Yirgi®  Nomi- 
nated Constituted  Authorized  & appointed  & in  my  stead  A place  do  put 
my  very  good  ffriend  Sam1  Swann  Esqr  in  Carolina  to  be  my  true  and 
Lawful  attor  Irevocably  to  sue  for  Levie  Recover  Receive  Demand  A 
take  of  Wm  Early  of  y®  sd  Carolina  y®  sum  of  24 : 1 7 : 41  Or  any  other 
person  or  persons  Indebted  to  y®  sd  Baker  within  v®  abovesd  Country 
Giving  & Granting  unto  my  sd  Attor  my  full  & whole  power  A Lawful 
Authority  in  y®  Execution  of  y®  premisses  to  arest  attach  Implead  Im- 
prisson  & out  of  Prison  againe  to  Deliver  y®  sd  W“  Early  his  heires  &c 
until  they  or  some  of  them  shall  have  fully  sattisfied  y®  Debt  abovesd 
And  upon  Reciete  thereof  or  any  part  thereof  acquittances  or  any  other 
Lawfull  discharges  in  that  behalf  for  me  & in  mv  name  to  make  scale  & 
Deliver  And  all  other  Act  of  Acts  thing  & things  Device  or  Devices  in 
y®  Law  whoever  for  me  & in  my  name  to  Do  Conclude  A finally  to  fin- 
ish in  as  full  Large  A ample  a manor  as  1 may  might  or  Could  Do  were 
I personally  prsent  Ratifiing  allowing  & Confirming  all  A whoever  my  sd 
Attor  shall  Legally  Do  or  Cause  to  be  Don  herein  Given  under  my  hand 
and  scale  y®  17th  day  of  Apn  1703  ; , , , , , , , 

Sole  A Delivered  in  prsenceol‘  HENRY  BAKER  j seai, 


Jn°  Alslove 
James  FF  Alen 


Rich  Barfield 


r>  88 


COLONIAL  RECORDS. 


North  ( ,'a rolina — ss 


Att  a Gen11  Court  Holden  att  y®  house  of  Cap1  Jn"  Hecklefield  in  Lit- 
tle River  the  27th  Day  of  July  1703 


])rsent 


The  Honebl  Mjr  Sam1  Swann  ' 
William  Glover 
Thomas  Symonds 
Jn®  Hawkins 
Richd  Plater 


Es(|”  Justices. 


The  Court  being  Proclaimed  do  adjourn  till  to  morrow  Morning  9 a 
Clock 

Wednesday  morning  9 a clock  Court  meets  I)rsent  Ut  Supra  Majr 
Swann  absent 

The  Marshall  being  Comanded  to  arest  y®  body  of  Henry  Slade  att  y® 
sute  of  Mr  Jn°  Porter  attor  of  James  Jones  and  y®  Plaintiff  Came  not  to 
Prosecute 

Ordered  that  the  action  be  Dismist  & y®  Plaintiff  pay  Costs 

Jn®  Bird  comes  to  prosecute  his  sute  agst  Wifi  Reed  in  a plea  of  Debt 
for  17:  00:  00  and  y®  Defend4  Comes  and  prays  Oyer  of  y®  Bill  which 
being  had  he  pleads  ace®  in  Bar  which  being  allowed  there  is  found  to  be 
due  to  y®  pi4  12  : 3 : (1 

Ordered  that  Wm  Reed  pay  to  Mr  Jn°  Bird  ye  sum  of  12:  3:  6 with 
Costs  of  sute  alias  Execun 

Mathew  Winn  acknowledges  a Conveyance  to  Rob4  Morgan 

The  Grand  Jury  Sworn  Mr  Jn°  Bird  Mr  Dennis  Maclendon  David 
Prichard  Tho  Lewis  Wm  Win  berry  Rowland  Buckley  Sam1  Prichard 
James  Prichard  Rich  Mardren  Rich  Stump  Thomas  Pendleton  Phill 
Jackson  Daniell  Rice  James  Hewes  Rich  Jesper 

Matthew  Winn  comes  by  Coll  Wm  Wilkison  A Mr  Thomas  Snoden 
his  Attorneys  to  prosecute  his  sute  ag84  John  Jenins  in  a Plea  of  Defama- 
tion for  these  words  you  are  a perjured  Rogue  you  are  a Hogstealing 
Rogue  and  lie  prove  it  And  y®  Defend4  comes  and  pleads  Justification 
and  brings  forward  Evidence  to  prove  it  And  y®  plaintiff*  by  Coll  Wm 
Wilkison  his  attor  says  that  a person  cannot  be  perjured  in — over — 
Except  in  a Court  of  Record  and  thereupon  Casts  himself  upon  v* 
Country  And  y®  Defend4  Likewise  and  y®  Marshall  is  Comanded  to  cause 
to  come  12  Ac  Ac  who  Ac  By  whom  Ac 

And  there  came  Cornel  Jones  Jn°  Relfe  -ln°  W inberry Mercer 

Jn°  Jones  Jn°  Wilson  by  Jn°  Dicks  James  ffoster  Simon  Crumsall  Wm 
Lufman  Jn°  Searborou  Wm  Reed 

who  impaneld  A sworn  say  we  find  for  y*  plaintiff  two  pound  ten  shill 
with  Costs 


COLONIAL  RECORDS. 


.589 


Orderd  that  Jn°  Jenins  pay  to  Mathew  Winn  two  pound  ten  shills 
with  Costs  alias  Exeeutn 

And  the  ye  Court  adjournd  till  to  morrow  morning  8 a Clock 
Thursday  Morning  8 a Clock,  y®  Court  meets 

Prsent  W™  Glover  Esqr  Tho  Siinonds  Jn°  Hawkins  Richard  Plater 
Esqr 

Upon  y®  Petition  of  Wm  Glover  Esqr  assignee  of  Coll  Robt  Quarry  & 
Company  praying  Judgm4  agst  Chris  Butlers  Estate  Co"  Wm  Wilkison 
being  prsent  to  whom  y®  Estate  was  bound  over 

Ordered  that  Coll  Wm  Wilkison  pay  unto  Wm  Glover  Esqr  v®  sum  of 
fifty  three  shillings  with  Costs  alias  Exeeutn 

Coll  Wm  Wilkison  Attor  of  Mr  Huggendeclin  of  New  York  comes  to 
prosecute  his  sute  against  Mr  ffra  Delamare  A Ann  his  Wife  Extors  of 
Rich  Pope  Deced  and  Declares  for  several  goods  & merchandize  Reed  by 
y®  sd  Pope  from  y®  pi4  in  New  York  amounting  to  y®  sum  of  144P'  A y® 
Defend4  comes  by  Mr  Tho  Boyd  theire  Attor  and  Denies  y®  Debt — A 
says  y®  sd  Goods  they  never  Recivd 

And  Coll  William  Wilkison  produces  an  Acc®  under  the  hand  of  y® 
sd  Huggendeclin  Attested  by  y®  Corporation  A under  y®  seale  of  New 
York  And  y®  Defend4  Casts  themselves  upon  y®  Country  A y®  Plaintif 
moved  that  a Jury  might  be  Empannelld  one  halfe  of  Merc48  for  y®  try- 
all  of  this  case  And  was  directed  bv  y®  Court  to  sue  out  a Writt  of 
Venire  Spec — for  such  a Jury  to  y®  Next  Court  And  he  refused  A prayed 
to  come  to  tryall.  And  the  Marshall  is  required  to  cause  to  come  twelve 
Ac  and  who  Ac  By  Whome  Ac  And  there  came  Comelious  Jones  Jn° 
Relfe  John  Winbery  Tho  Mercer  who  being  Sworn  A before  any  other 
of  the  ffellows  had  taken  y®  oath  Coll  Wm  Wilkison  objected  agst  y® 
Jury  as  Insufficient  and  Detracted  y®  Court  then  y*  Rest  upon  y®  Panell 
was  Likewise  sworn  Viz  (And  v®  whole  matter  so  farr  as  a Lay  before 
ve  Court  was  given  them  in  Charge)  Jn°  Jones  Jn°  Willowly  Jn°  Dick 
James  tfoster  Simon  Trumbull  Wm  Lutfman  Wm  Reed  Daniel  Phillips 
And  upon  y®  Holy  Evangelist  say  We  of  y®  Jury  find  for  y®  Defend4 
with  Costs  of  sute 

W'"  Ray  field  proves  his  Rights  to  200  acres  of  Land  by  Importat  of 
Wm  Rayfield  Ann  Patience  A Wm  Raficld 

The  Marshall  was  Comanded  to  arrest  y®  body  of  Chris  Butler  att  y* 
sute  of  Mr  -In®  Porter  and  y®  writt  was  Returned  to  y®  Last  Court  Non 
Est  Inventus  And  Now  y®  Marshall  Returns  Mortuus  Est 


590 


COLONIAL  RECORDS. 


Craddock  vers  Goodridg 

Plea  Case  for  y®  Sum  of  fifty  seaven  ]>ound  fourteen  shills  And  y® 
Defend1  by  Coll  Wilkison  his  Attorney  says  y*  v®  Declaration  he  had  not 
in  Due  time  and  therefore  prays  to  be  disniist  and  is  Dismist 

A Lettr  attor  from  Jer  Goodridg  to  ('oil  W ilkison  was  proved  ^ oath 
of  Janies  Coles 

Jeremiah  Goodridg  by  Coll  Wm  Wilkison  Lis  attorney  comes  to  prose- 
cute his  sute  agst  Mr  tfredrick  Jones  Late  of  London  in  a Plea  of  y® 
Case  and  Mr  Peter  Godfrey  attor  of  ye  s'1  Jones  Comes  A says  that  y® 
Declaration  in  due  time  he  had  not  and  prays  to  be  disniist. 

Orderd  that  ye  Action  be  dismist  & y®  Plaintiff  pay  Costs 
Mathew  Winn  Comes  Coll  Wm  Wilkison  & Mr  Tho  Snoden  his 
Attorneys  to  prosecute  his  sute  ag8t  Mr  Jn°  Jen  ins  in  a Plea  of  Defamati 
& Declares  for  Damage  £200  And  y®  Defend1  Conies  and  puts  them  upon 
proof  of  y®  Declaration  and  Casts  himselfe  upon  ye  Country  and  y®  j»P 
Likewise  and  the  Marshall  is  Comanded  &c  By  wliome  &e&  there  came 
Cornel  Jones  Jn°  Relfe  Jn°  Winbery  Tho  Mercer  Jn°  Jones  Jn°  Wil- 
lowby  Jn°  Dicks  James  ffoster  Symon  Trunibell  Wm  Luftman  Wm  Reed 
Dan  Phillips  who  Enipaneld  A sworne  on  y®  Holy  Evangelist  say  we 
find  for  y®  plaintiff  one  shill  with  Costs  Ordered  that  Jn°  Jenins  pay  to 
y®  pi4  1 shilling  Damage  & 1 shilling  Costs 

tfredrick  Jones  & Comp  Comes  Mr  Peter  Godfrey  their  Attor  to  pro- 
secute their  sute  ag8t  Jeremiah  Good  ridge  in  a Plea  of  y®  Case  & y®  writt 
being  Returnd  Non  Est  Inventus  y®  j»lt  prays  Attachm4 
Orderd  he  have  atteaelun4 

MrTho  Boyd  having  ateaeh4  y®  Estate  of  Tho  Swann  of  Rox berry  for 
y®  sum  of  22:16:0  And  Mr  Rich  Plater  Comes  & relieves  y®  Atteachm4 
Orderd  that  Mr  Rich  Plater  pay  to  Mr  Tho  Boyd  y®  sum  of  two 
pound  Sixteen  Shill  with  Costs  alias  Ex 

Collonel  Henry  Baker  per  the  Hon"  Sam1  Swann  Esq®  Comes  to  pro- 
secute his  sute  against  W“  Early  in  a plea  of  y®  Case  for  y®  sum  of  £24: 
17:4  And  y®  Defend4  Comes  A pray  a Refferr  and  by  Jovnt  Consent  it  is 
Refferrd 

Ralph  Chapman  ^ Mr  Tho8  Snoden  his  attor  Comes  to  prosecute  his 
sute  agst  Wm  Powell  in  a Plea  of  Detinue  y®  Defend4  Came  not  and  y® 
plaintiff  prays  Judgm4  against  y®  Marshall 

Orderd  that  y®  Marshall  have  y®  body  of  Wm  Powell  att  y®  next  Gen11 
Court  y®  Last  Tuesday  in  October  alias  Judgm4  to  be  Confirm*1  ag84  y® 
Marshall 

The  Marshall  was  Comanded  to  arrest  y®  body  of  Wm  ffrayly  att  the 
sute  of  Gabriel  Nuby  and  Nuby  came  not  to  prosecute 


COLON! A L RECORDS. 


591 


Orderd  that  ye  action  be  dismist  & y®  Pit  pay  Costs  alias  Exe 
Tho  Platt  came  to  prosecute  bis  sute  agst  Joel  Martin  in  a plea  of  ye 
Case  for  Breach  of  Covenant  and  y®  Defend4  Came  not 

Ord  that  y®  Marshall  have  y®  body  of  Joel  Martin  at  ye  next  Court  y® 
Last  Tuesday  in  Octo  alias  Judgm4  to  be  Confirmed  agst  the  Marshall 
Richard  Houghton  by  Tho  Snoden  his  attor  Comes  to  prosecute  his  sute 
agst  Henry  Norman  for  several  1 things  v®  Consideration  of  an  Indenture 
between  them  and  y®  Deft  Comes  & prays  Oyer  of  y®  Indenture  and  that 
it  may  be  provd  wch  was  done 

Orderd  that  Henry  Norman  pay  to  y®  plaintiff  one  New  Coat  & 
Bridies  serviceable  A good  one  Handsaw  one  Drawing  Knife  one  Round 

Shave  one which  shall  be  servieable  to  be  delivered  Imediatly  with 

Cost  alias  Execut 

The  Court  Adjourned  till  to-morrow  morning  9 a Clock 
Friday  morning  9 Clock  Court  Meets  Psent  ut  Supra  on  y®  Pettition 
of  Marg4  Macbride 

Order'd  that  Math  Winn  pay  to  y®  peticoiT  for  her  travel  & attendance 
Nineteen  Shill  & two  pence  wth  Costs  alias  Exe 

Isaac  Gilford  & Jos  Gilford  being  bound  over  to  this  Court  makes 
tlieire  apeareance  & pray  to  be  discharged 
And  they  are  dismist  paying  costs 
Upon  motion  of  Mr  Tho  Snoden. 

Orderd  that  a will  of  Rich  Stiballs  shall  be  Recorded 
Wm  Reed  came  to  prosecute  his  sute  agst  Benj  Tull  Plea  of  Case  and 
Defend  came  not  Orderd  that  y®  Marshall  have  v®  body  of  Benj  Tull  att 
y®  next  Court  the  Last  Tuesday  in  October  next  alias  Judgm4  to  pass  agst 
the  Marshall 

Tho  Stanton  vers  Caleb  Bundy  Plea  Case  by  agreem4  Refferrd  to  Next 
Court  y®  last  Tuesday  in  October 

W GLOVER 
THOMAS  SYMONS 
RICHARD  PLATER 
JN°  HAWKINS. 


Att  a General  Court  Holden  att  the  House  of  Captn  John  Hecklefield 
in  Little  River  Octobr  y®  26th  1703 


Prsent  The  Honble  Wm  Glover 
The  HonbI®  John  Porter 
The  Honbl®  Christopher  Gale  > 
The  Honble  Thomas  Symonds 
The  Honble  John  Blunt 


Esqrs 


COLONIAL  RECORDS. 


592 


The  Courts  Commission  being  published  and  the  members  having 
taken  the  usual  oath  for  the  due  discharging  the  office  of  Justices  the 
Court  Satt  prsent  ut  Supra 

The  II  onMc  Court  adjourned  (ill  to  Morrow  Morning  7 Clock 
According  on  Wednesday  Morning  the  Court  meets  prsent  ut  Supra 
except  Mr  Glover 

Coll”"  Henry  Baker  by  the  Honble  Major  Samuel  Swann  his  attorney 
comes  to  prosecute  Suite  ag4  Wm  Early  Def4  in  a plea  of  the  case  & de- 
clares that  the  Def4  stands  Justly  indebted  to  the  p11  in  the  full  A Just 
Surfie  of  24 — 17 — 4^  and  for  plea  the  Def1  Savth  he  is  not  indebted  in 
the  aforesaid  Sume  and  objects  ag4  certaine  of  the  Articles  Exhibited  in 
Court  and  itt  appearing  to  the  HonWe  Court  that  the  reall  Sume  of  20£ — 
13s — is  due  from  the  Def4  to  the  p14  the  Def4  Confesses  Judgm4  for 
the  Same 

Ordered  that  the  Def4  pay  to  the  pi4  the  afbresd  Sume  of  20<£ — 13s — 
9^d  with  Cost  of  Suite  als  Execucon 

The  Marshall  being  required  to  arrest  the  body  of  Jodi  Martin  to 
answer  the  compl4  of  Thomas  Platt  and  the  Def4  came  not  and  the  Mar- 
shall not  bringing  the  body  of  the  Def4 

Ordered  that  Judgm4  be  confirmed  ag4  the  Marshall  for  the  Sume  of 
4£  according  to  the  pi48  Declarations  with  Costs 

Will”  Reed  comes  to  prosecute  his  action  ag4  Benjamin Def4  in 

A plea  of Sit  & Declares  That  the  Def4  Stands  indebted  to  the 

pi4  in  the  Sume  of  <£4 — s17 — d6  by  his And  for  Plea  the  Def4  by 

Arartion  Parker  his  Attorney  (his  power  being  allowed  on  by  the  pi4) 
putts  the  pi4  to  the  proofe  of  his  Declaration  and  putts  himselfe  upon  the 
Country  And  the  pi4  likewise  And  the  Marshall  is  Comanded  to  cause  to 
come  &c  to  whom  &c  By  whom  t&e  And  there  came  Mr  Thomas  Nor- 
conib  Mr  Henry  Pendleton  Mr  George  Kinsey  Mr  Willm  Turner  Mr 
Roger  Middleton  ISP  Thomas  Tweedy  Mr  John  Flowers  Mr  Wm  Lacv 
Mr  Richd  Chester  Mr  Willm  White  Mr  Robert  Palmer  & Mr  John  Evans 
who  Impanelled  & Sworn  Say  wee  find  for  the  pi4  one  pound  seventeen 
Shilling  & Eleven  pence  with  Costs 

Orderd  that  the  Def4  pay  to  the  pi4  the  Sume  of  one  pound  Seventeen 
Shilling  & Eleven  pence  with  Costs  als  Execucon 
Upon  Peticon  of  John  Evans 
Orderd  that  the  matter  be  referrd  for  a small  time 
Samuel  Pavne  acknowledges  a Deed  of  Sale  to  Mr  Thomas  Boyd  in 
behalfe  of  Joseph  Cook 


COLONIAL  RECORDS. 


o93 


The  Marshall  was  required  to  arrest  the  body  of  Bryan  Fitzpatrick  to 
answer  the  Comp1*  of  Nicholas  Semons  in  a plea  of  the  Case  And  the  pi* 
came  not' 

Orderd  that  the  accon  be  dismist  & the  ])1‘  pay  Costs 

The  Marshall  was  Comanded  to  arrest  the  body  of  Jeremiah  Good- 
ridge  to  answer  the  Comp1*  of  Walter  Craddock  in  a Plea  of  the  Case  & 
the  pi*  came  not. 

Orderd  that  the  accon  be  dismist  & the  pi*  pay  Costs 

Capt”  John  Hecklefield  Comes  to  prosecute  his  Suite  ag*  Cap*“  Richd 
Sanderson  in  a Plea  of  the  Case  for  that  the  Oef*  stands  Justly  indebted 
to  the  pi*  in  the  surrie  of  Tenne  Pounds  and  for  plea  the  Pef*  putts  the 
p“  to  the  proofe  of  his  Declaracon  But  afterwards  praying  a Reference 
to  the  next  Generali  Court  alledging  to  make  the  matter  appear  more 
Clear 

Orderd  that  a Reference  be  granted  to  the  Pef*  to  the  next  Generali 
Court 

David  Blake  acknowledges  a Deed  of  Sale  of  a Tract  of  Land  to  Anne 
Durant  Widdow 

A Letter  of  Attorney  from  John  Cobh  to  Mr  Hugh  Campbell  proved 
bv  the  oaths  of  Mr  Richd  Plater  & Mr  John  Hunt  & ordered  to  be  Re- 
corded 

A Letter  of  Attorney  from  Robert  Sanders  to  James  Tooke  prove!  by 
the  oaths  of  Mr  Hugh  Campbell  & Mr  John  Hunt 

Cap*®  John  Hecklefield  comes  to  prosecute  his  suite  ag*  Daniel  Pliil- 
lipps  in  a Plea  of  the  Case  and  the  Deft  came  not  And  the  pi*  craves  an 
Order  ag*  The  Marshall  And  the  Marshall  craving  an  Attachm*  ag*  the 
Defts  Estate 

Orderd  that  an  Attachm*  lie  granted  to  tin1  Marshall  ag*  the  Pef* 
Estate 

Cap*”  John  Hecklefield  Comes  to  prosecute  his  Suite  ag*  Wm  Nichol- 
son in  a Plea  of  the  Case  and  the  Pef*  came  not  And  the  pi*  Craves  an 
Order  ag*  the  Marshall  And  the  Marshall  proves  an  attachm*  ag*  the 
Pef*9  Estate  w hich  is  granted 

Cap*”  John  Hecklefield  Comes  to  prosecute  his  Suite  ag*  Abraham 
Warren  Administrator  of  Clapper  et  In  a Plea  of  the  Case  And  for  plea 

the  Pef*  produces  an  act  of  Assembly  ao Barr  to  the  accon  And  the 

HonMe  Court  being  of  opinion  that  the  aforesd  Plea  is  a Good  plea  in 
Barr  to  the  Accon 

Orderd  that  the  pi*  be  Nonsuite  A pay  Costs  als  Execucon 
71 


594 


COLONIAL  RECORDS. 


John  Bishopp  Comes  to  prosecute  his  Suite  agl  Daniel]  Phillipps  in  a 
Plea  of  the  Case  And  the  I)efl  Came  not  And  the  pi1  prays  and  Order 
agl  the  Marshall 

Orderd  that  the  Provost  Marshall  bring  forth  the  body  of  Daniel 
Phillipps  to  the  next  Generali  Court  to  answer  the  Compl*  of  John 
Bishopp  als  Judgrn4  to  be  Confirm’d  agt  the  Marshall 

The  Provost  Marshall  prayes  an  attachm*  ag‘  the  Estate  of  Daniel! 
Phillipps  which  is  granted 

Jeremiah  Goodridge  comes  to  prosecute  his  Suite  ag*  Mr  Fredrick  Jones 
in  a plea  of  the  Case  And  the  Def‘  came  not  And  the  pl‘  by  Coll®"  W“ 
Wilkinson  his  attorney  prays  an  Order  ag‘  the  Marshall 

Ordered  that  the  Marshall  bring  forth  the  body  of  Mr  Frederick  Jones 
the  next  Generali  Court  to  answer  the  Comp“  of  Jeremiah  Goodridge 
als  Judgm*  to  be  Confirmed  ag‘  the  Marshall 

The  Provost  Marshall  prayes  an  Attachin*  ag‘  the  Estate  of  Mr  Fred- 
erick Jones  which  is  granted 

Thomas  Stanton  Comes  to  prosecute  his  Suite  ag*  Caleb  Brindy  in  an 
accon  of  Trespass  upon  the  Case  for  that  the  Def*  unjustly  Stopped  A 
molested  the  Survey1  in  a lawful]  Survey  of  a Tract  of  land  lying  in 
Pascotank  Justly  belonging  to  the  pi*  And  for  plea  the  Def*  putts  the 
pi*  to  prove  his  title  & putts  himselfe  upon  the  Country  And  the  pi*  like- 
wise And  the  Marshall  is  Comanded  to  cause *to  come  twelve  Ac  to  whom 
Ac  who  neither  Ac  By  whom  Ac  And  there  came  Mr  Thomas  Tweedy 
Mr  Roger  Middleton  Mr  John  Flowers  Mr  Willm  Lacy  Mr  Richd  Chesten 
Mr  Robert  Palmer  Mr  John  Evans  Mr  Wm  White  ISP  W”  Reed  Mr  Gar- 
rett Pursell  ISP  Bryan  Fitzpatrick  A Mr  Samuel  Davis  who  Impannell’d 
A Sworn  Say  wee  of  the  Jury  find  for  the  Def* 

Orderd  that  the  accon  be  dismist  A the  pu  pay  Costs  als  Execucon 
Upon  Peticon  of  Anthony  Markham  praying  to  be  allowed  ten  pounds 
for  his  trouble  A Charge  in  tending  of  Archibald  Burnett  in  his  Sick- 
nesse. 

Orderd  that  Mr  Thomas  Boyd  Executr  of  that  Sd  Burnett  of  last  will 
A testam*  pay  the  Sume  of  eight  pounds  to  the  peticonr  als  Execucon 
The  Jurors  for  our  Sovereigne  Lady  y®  Quee  Do  prsent  that  Tho  Dew- 
ham Gen*  of  y®  County  of  Bath  have  not  y®  feare  of  God  before  his  Eyes 
but  being  Led  away  by  v®  Instigation  of  y®  Devi  11  Did  feloniously  and 
of  mallice  prepess’d  att  Severall  times  with  Severall  Weapons  But  more 
perticularly  to  Witt  on  or  about  y®  tenth  day  of  September  Last  past  in 
y®  County  of  Bath  aforesd  ag5t  the  Peace  of  our  Late  Sovereigne  Lord 
y®  King  Did  with  force  A Arms  Assault  y®  Body  of  Wm  Hudson  then 


COLONIAL  RECORDS. 


595 


being  in  y®  Peace  of  God  and  our  sd  Lord  y®  King  and  him  y®sd  Wm  Hud- 
son Did  then  & there  with  a certain  Weapon  Cornonly  Called  or  Known 
by  y®  name  of  Catt  of  Nine  tayles  ffeloniously  & Maliciously  Strike  beat 
wound  & Kill  that  the  aforesd  Wm  Hudson  Afterwards  to  witt  on  or 
abount  the  20th  Day  of  Sep1  Last  past  in  y®  County  of  Bath  aforesd 
then  & there  by  reason  of  the  aforsd  Mortall  Strokes  & Wounds  Did 
Depart  this  Life  ags1  y®  Peace  &c 

Who  being  Arreigned  Pleads  not  Guilty 

And  Casts  himself  upon  God  & y®  Country  & Rich  Plater  Esq'  Attor- 
ney Gen11  Likewise  And  the  Marshall  is  Comanded  that  he  cause  to  come 
twelve  good  and  Lawfull  men  of  y®  vicinage  and  who  &c  By  whome  &c 
And  there  came  Mr  ffra  ffoster  Benj  Tull  Sam1  Paine  Wm  Armor  Den- 
niss  M°Lendon  James  Oats  Jenkin  Williams  ffra  Beasly  Abraham  War- 
ren Jn°  West  Wr“  Gascins  Jn°  Bird  and  being  sworn  upon  y®  Holy  Evan- 
gelist to  give  true  Verdict  in  y®  premises  Upon  y®  Holy  Evangelist  say 
Wee  find  him  guilty  of  Man  Slaughter 

And  y®  sd  Dearham  humbly  prays  that  Sentens  may  be  suspended  till 
to  morro 

And  then  y®  Court  adjourns  till  to  morro  morning  8 a Clock 
Fryday  morning  8 a Clock  Court  meets  prsent  ut  supra  August  y* 
first 

A Conveyance  of  a tract  of  Land  & Plantation  was  acknowledged  by 
John  Hutfton  to  Mr  Jn°  Parriss  Jn°  Bavlv  and  Elinor  his  wife  acknowl- 
edges a Conveyance  of  a tract  of  Land  & plantatn  to  John  Hutfton 
A Lettr  of  Attor  from  Rebeca  Bard  Wife  of  Jn°  Bard  to  Nath  Ch*vin 
was  proved  ^ y®  oath  of  Mr  John  Wheatley 

A Conveyance  of  a tract  of  Land  & plantation  in  Pequimons  Precinct 
was  Acknowledged  by  Jn°  Bird  & Nath  Chevin  and  Rebecca  Bird  Unto 
Mr  Tho  Harvey 

Upon  peticon  of  Wm  Reed  Preying  that  a tract  of  Land  formerly  in 

y®  occupation  of  Cap*  Jn°  Gibbs  and may  be  granted  to  y*  Peti- 

tionr  and  prays  y*  y®  Labour  thereon  may  be  Apraisd 

Ordered  that  it  be  granted  to  y®  Peticon' and  that Baily  James 

Cary  and  Edw  Jelfe  Apraise  y®  Labour  or  any  two  of  them 

A Deed  of  Conveyance  A Release  was  Acknowledged  bv 

Duckenfield  Esqr  to  Mr  John  Ardrene 
Upon  ye  Peticon  of  Eliz  Stewart 

Ordered  that  Mr  Wm  Boyce  pay  to  y®  Peticon'  the  some  of  Eight  shills 
& four  pence  for  her  travell  & Attendance  at  Court 

Thomas  Dewham  haveing  yesterday  been  Convicted  of  Manslaughter 
& sav’d  by  his  Book  and  Sentens  Suspended — 


COLONIAL  RECORDS. 


r>{){> 


Ordered  that  the  sd  Thomas  Dewham  he  Burnt  in  Brawne  of  y*  Left 
thumb  with  a hott  Iron  haveing — ye  Letter  M and  pay  all  Costs  that 
Doth  acme 

And  upon  y*  Humble  Petition  of  y*  sd  Tho  Dewham — Court  in  Clem- 
ency Doth  Reprieve  y*  said  Sentence  untill — Majesties  Pleasure  therein 
be  further  known 

Upon  Petition  of  \V"‘  Reed  and  James  Cary 

Ordered  that  Edward  Berry  pay  to  Each  of  ye  Petitioners  theire 
travell  & attendance  nine  Shills  & two  pence 

Upon  petition  of  James  Cary 

Ordered  that  Christopher  Bayley  pay  to  ye  Petitioner  for  his  Travell 
& Attendance  Nine  Shillings  & two  pence  with  Costs  of  &c 

SAMUEL  SWANN 
W.  GLOVER 
THOMAS  SYMONDS 
RICHARD  PLATER 


1704. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  met  at  the  Chapel  the  9th  Day  of  March  1 70f . 

Present : 

The  Honoble  Henderson  Walker  Esqr  Mr  Nicholas  Crisp 
Co11  Wm  Wilkinson  Mr  John  Blount 

Wm  Duckenfield  Esqr  Mr  Wm  Banbury 

Mr  Edward  Smithwick  Nath1  Chevin. 

William  Duckenfield  Esqr  and  Mr  Edward  Smithwick  being  appointed 
Church  Wardens  for  the  Last  Year  and  having  Served  a year  the  loth 
of  December  last,  and  they  having  failed  of  calling  the  Vestry  together 
at  that  time  in  Order  to  be  discharged. 

Ordered  that  they  serve  another  year  in  that  Station. 

Whereas  Dr  John  Blair  presenting  himself  before  the  Vestry  as  a Min- 
ister of  the  Gospel  and  having  the  approbation  of  the  I).  Governour,  he 
is  received  as  a Minister  of  the  Gospel  and  the  Church  Wardens  for  and 
in  behalf  of  the  Vestry  do  assume  to  pay  to  the  said  Dr  John  Blair  30 
pounds  (as  the  Law  provides)  per  annum.  The  year  to  begin  the  first 
of  this  Instant  March. 


COLONIAL  RECORDS. 


597 


The  choice  of  a Reader  and  Clerck  of  the  Church  being  debated  and 
Daniel  Leigh  presenting  himself  for  that  Office.  Its  agreed  that  Daniel 
Leigh  serve  in  that  Station  and  that  he  keep  the  Keys  of  the  Church  and 
keep  the  Church  clean  and  keep  the  woods  fired  at  the  time  of  the  year 
round  the  Chappell  also  to  provide  water  for  the  baptizing  of  Children, 
and  to  attend  the  Chappell  every  Lords  Day,  when  the  Minister  is  here  to 
officiate  a sa  Clerk,  and  when  the  Minister  is  absent  to  read  divine  Service, 
and  a Sermon  &c.  to  keep  the  Vestry  Journal  and  to  attend  the  Vestry 
at  their  meetings.  He  promising  to  the  Vestry  to  lead  a sober  and 
exemplary  Life  in  his  Station  his  Year  to  begin  this  Day. 

Whereas  his  Excellency  Francis  Nicholson  Esqr  his  Majty>  Lieutenant 
and  Governor  of  the  Colony  of  Virginia  hath  been  pleased  the  contribute 
the  pious  and  Charitable  gift  of  ten  pounds  Sterling  for  the  use  of  the 
Church  in  this  our  precinct  and  parish  of  St.  Paul’s  and  for  a perpetual 
Memorial  of  his  pious  and  Charitable  Gift  it  is. 

Ordered  that  the  ten  pounds  in  pieces  of  eight  w*  17  p.  w‘  shall  be 
sent  to  Boston  to  purchase  a Chalice  for  the  use  of  the  Church  with  this 
Motto  Ex  Dono  Francis  Nicholson  Esqr  her  Majesty’s  Lieutenant  Govr 
of  her  Majesty’s  Colony  and  Dominion  of  Virginia. 

Ordered  that  the  Church  Wardens  do  Speedily  agree  with  a workman  to 
make  pulpit,  and  pew  for  the  Reader  with  Desks  fitting  for  the  Same  and  in 
as  decent  a manner  as  maybe  and  what  they  shall  agree  for  the  Vestry  do 
oblige  themselves  to  See  paid.  And  that  they  put  a former  Order  in 
Execution  for  the  getting  the  Windows  put  up,  and  to  get  Glass  and 
have  it  put  up  forthwith. 

Ordered  [erased  & torn  so  that  it  cannot  be  deciphered]  the  Vestry  Co11 
Wm  Wilkinson  having  accepted  of  the  Ballance  in  his  hands  the  Insol- 
vents. 

The  Publick  Charge  is  as  followeth  vizt — 

£ sh 

To  Doctor  Spruil  for  Curing — Adams — 5:  0: 

To  Luke  Meazle’s  Services — 0:  9: 

To  Co"  Wilkinson  a Barrel!  of  Tarr. — 0:  15: 

To  Dan’l  Leigh  for  tarring  the  Chappel  and  fetching  the  Tarr  1 . 0 
To  Nath’l  Chevin  Clk. — 2:  10: 

To  Sallcry  for  collecting  at  15  C‘ — 1 : 10: 


£1 1 : 4 

Ordered  that  the  Collector  collect  of  every  Tythable  in  the  precinct  the 
sum  of  one  shilling  and  eight  pence  with  power  to  destrain  in  Case  of 


598 


COLONIAL  RECORDS. 


Refusal  to  be  collected  by  the  Church  Wardens  or  their  Deputies  and 
the  afsd  Church  Wardens  do  undertake  for  the  faithfull  Collection  and 
true  accounting  for  the  Same  in  the  Sum  of  fifty  pounds  Sterling  to  be 
levied  upon  their  Goods  anti  Chattells  in  Case  of  Default. 


[B.  P.  R.  O.  Am:  and  W.  Ind:  Plant.  Gen.  No.  601.] 


CONSIDERATIONS  HUMBLY  OFFERED,  WHY  NAVAL 
STORES  CANNOT  BE  BROUGHT  IN  GREAT  QUAN- 
TITY’S FROM  HER  MAJESTY’S  PLANTA- 
TIONS, UNLESS  ASSISTANCE  BE  GIVEN 
BY  THE  GOVERNMENT. 

[19  May  1704.] 

1“  Planters,  proprietors,  or  Trading  people  will  not  make  it  their  busi- 
ness to  provide  such  Goods,  nor  bring  them  in  the  usual  way  of  Trade 
unless  they  have  a prospect,  they  shall  have  Sales  for  them  at  such  rates, 
as  may  afford  them  profit,  their  cost  & Charges  considered;  if  there  l>c 
no  such  prospect  then  they  will  bring  them  only  when  they  can  be  secure 
of  Gaine  by  some  particular  contract  with  the  Navy  officers  or  other 
persons. 

2nd  This  is  verified  by  what  has  past  in  relation  to  Naval  Stores  from 
the  plantations,  Several  have  offer’d  to  bring  them  upon  a Contract  made, 
or  Charter  granted  or  other  advantages,  but  few  or  none  have  been 
brought  as  other  Comodities  to  be  sold  at  a Comon  Markett  Tho  it  was 
foreseen  above  50  Yeares  Since;  that  it  would  be  dangerous  to  depend 
entirely  upon  the  Northern  Crownes,  for  Naval  Stores,  and  was  then  taken 
into  Consideration  Now  to  be  Supplied  from  the  Plantations,  yet  few 
have  been  brought,  tho  in  those  parts  there  is  great  plenty  of  Timber  for 
building  of  Ships,  and  also  to  produce  Pitch,  Tarr  & Rozin,  and  a Soil 
capable  to  afford  hempe. 

3ly  Upon  which  it  may  be  concluded  that  no  Methods  can  be  effectuall, 
for  the  bringing  in,  of  great  quantity’s,  but  such  as  may  give  incourage- 
ment,  to  the  Trading  people,  to  bring  them  upon  the  same  foundation,  as 
they  bring  other  Commodities  from  other  parts  viz* 

Hopes  of  making  profit,  by  trading  & dealing  in  them  which  cannot 
be,  unless  these  Comodities  be  eased  of  the  great  burthen,  which  lyes  on 
them,  by  the  great  wages  paid  to  labouring  men  on  the  Plantations,  and 


COLONIAL  RECORDS. 


599 


the  high  freights  given  to  Ship  Masters,  for  Goods  brought  from  those 
parts,  which  being  farr  above  the  rates  which  are  paid  for  the  same  Sorts 
of  Goods  if  they  come  from  Norway  or  the  Baltick,  deprives  the  traders 
of  making  proffit  by  these  Goods  from  the  Plantations,  and  gives  a pri- 
ority to  those  from  the  North. 

4ly  The  Northern  Crownes  are  our  Competitors  in  this  Case,  the  advan- 
tages they  have  cannot  be  overcome,  by  a Charter,  in  which  most  of  the 
proposalls  that  have  been  made  do  center,  Corporations  must  have  Gov- 
ernours,  Directors,  book  keepers  & Agents,  the  Charges  will  amount  to 
at  least  ten  ^ Cent,  which  must  be  added  to  the  Cost,  and  other  necessary 
Charges,  and  give  a Further  advantage  to  our  Competitors,  bv  which 
they  will  be  enabled  to  undersell  our  Traders  in  these  Commodities,  and 
yet  Subsist  & make  profit,  because  they  will  be  eased  in  these  Several 
Charges  & outgoings:  Charters  cannot  remove,  nor  decrease  the  Cloggs 
that  lye  on  this  Trade,  but  rather  increase  them  unless  the  Swedes  & Danes 
and  all  others  could  be  excluded  from  bringing  those  Goods  into  Eng- 
land. 

Therefore 

Unless  these  Comodities  from  the  North  can  be  Charged  with  a great 
Custome,  and  those  from  the  Plantations  be  eased  from  all  Custome:  oi- 
lier Majesty  be  graciously  pleased  to  cause  these  goods  to  be  brought 
freight  free  to  the  Planters  or  owners,  or  to  give  to  them  some  recompense 
at  a Certain  rate  ^ Tunn  for  what  they  mav  bring,  as  mav  equallize  the 
Charge  of  freight. 

The  Naval  Stores  from  the  North  will  always  hinder  their  being 
brought  from  the  Plantations,  as  Comodities  in  the  wav  of  Trade,  which 
only  can  cause  a large  importation  of  them  for  the  use  of  our  Naviga- 
tion in  General,  hinder  the  Exportation  of  our  Coyne  to  the  North  and 
prevent  the  inconveniences  that  may  happen,  by  our  dependance  upon 
these  Crownes. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  held  at  the  Chappel  the  2(ith  of  May  1704 

Present 


Coll  W“  Wilkinson 
Wm  Duckenfield  Esqr 


Mr  Nath1  Chevin 
Mr.  John  Blount 
Mr  Wm  Banburv 


Cap1  Thomas  Luten 


COLONIAL  II WORDS. 


()00 


Ordered  that  Mr  John  Anlern  Serve  as  Vestry  man  in  the  Room  of 
the  Honobl°  Henderson  Walker  deced. 

Ordered  that  three  pounds  be  paid  Richard  Booth  towards  the  main- 
tai nance  of  an  orphan  Child  left  destitute  per  Stephen  Prestan. 

The  Revd  John  Blair  Serving  as  Minister  of  the  Gospel  out  of  his 
Charitable  Gift  hath  given  what  Nailery  is  due  to  him  to  the  poor  for 
which  the  Gentlemen  of  the  Vestry  return  him  thanks. 


[From  the  N.  C.  Letter  Book  S.  P.  G.] 


MR.  BLAIR’S  MISSION  TO  NORTH  CAROLINA. 

I was  ordained,  in  order  to  go  to  the  plantations,  12th  April,  1703, 
and  then  received  the  queen’s  bounty  of  £20,  and,  soon  after,  my  Lord 
Weymouth’s  bounty  of  £50;  upon  which  I lived  in  England  till  the  1st 
of  October  following,  which,  together  with  mv  fitting  out  for  such  a 
voyage  and  country,  consumed  the  most  part  of  my  money.  I had  like- 
wise £5  sent  me  by  mv  lord  of  London  to  Portsmouth,  and  when  I 
landed  in  Virginia  I had  no  more  than  £25. 

I landed  in  Virginia,  14th  of  January,  1704;  and,  as  soon  as  I could 
conveniently  travel,  I waited  upon  the  governor,  and  immediately  after 
made  the- best  of  my  way  into  the  country  where  I was  bound. 

I arrived  amongst  the  inhabitants,  after  a tedious  and  troublesome 
journey,  24th  ditto.  I was  then  obliged  to  buy  a couple  of  horses,  which 
cost  me  fourteen  pounds, — one  of  which  was  for  a guide,  because  there 
is  no  possibility  for  a stranger  to  find  his  road  in  that  country,  for  if  he 
once  goes  astray  (it  being  such  a desert  country)  it  is  a great  hazard  if 
he  ever  finds  his  road  again.  Beside,  there  are  mighty  inconveniences 
in  travelling  there,  for  the  roads  are  not  only  deep  and  difficult  to  be 
found,  but  there  are  likewise  seven  great  rivers  in  the  country,  over 
which  there  is  no  passing  with  horses,  except  two  of  them,  one  of  which 
the  Quakers  have  settled  a ferry  over  for  their  own  conveniency,  and 
nobody  but  themselves  have  the  privilege  of  it  ; so  that  at  the  passing 
over  the  rivers,  I was  obliged  either  to  borrow  or  hire  horses  which  was 
both  troublesome  and  chargeable,  insomuch  that  in  little  more  than  two 
months  1 was  obliged  to  dispose  of  the  necessaries  1 carried  over  for  my 
own  use,  to  satisfy  my  creditors. 

I found  in  the  country  a great  many  children  to  be  baptized,  where  I 
baptized  about  a hundred ; and  there  are  a great  many  still  to  be  bap- 


COLONIAL  RECORDS. 


601 


tized,  whose  parents  would  not  condescend  to  have  them  baptized  with 
god-fathers  and  god-mothers. 

I married  none  in  the  country,  for  that  was  a perquisite  belonging  to 
the  magistrates,  which  I was  not  desirous  to  deprive  them  of. 

I preached  twice  every  Sunday,  and  often  on  the  week-days,  when 
their  vestries  met,  or  could  appoint  them  to  bring  their  children  to  be 
baptized. 

I called  a vestry  in  each  precinct,  in  my  first  progress  through  the 
country,  to  whom  I gave  an  account  of  my  Lord  Weymouth’s  charitable 
bounty  in  supporting  my  mission  among  them,  and  likewise  of  the  good 
designs  the  honorable  society  had  for  them,  as  I was  informed  by  Mr. 
Amy  that  they  had  settled  £50  per  annum  for  the  maintenance  of  two 
clergymen  amongst  them;  and  likewise  a proposal  that  Dr.  Bray  desired 
me  to  make  to  them,  that,  upon  their  procuring  good  glebes,  he  doubted 
not  that  there  might  be  a settlement  made  for  the  advantage  of  the 
Church,  such  as  there  is  in  the  island  of  Bermudas,  viz.,  two  slaves  and 
a small  stock  in  each  precinct,  and  that  to  be  continued  good  by  the 
incumbent  to  his  successor,  which  will  be  a lasting  estate  to  the  Church. 

They  have  built  in  the  country  three  small  churches,  and  have  three 
glebes. 

In  the  three  chief  precincts,  there  is  a reader  established  in  each,  to 
whom  they  allow  a small  salary,  who  reads  morning  and  evening  prayer 
every  Lord’s  day,  with  two  sermons,  and  1 took  care  to  furnish  them  with 
books  from  the  library  before  I came  away. 

I remained  very  well  satisfied  in  the  country  till  their  Assembly  sat, 
which  was  on  1st  March,  where  I expected  they  would  propose  a settle- 
ment for  my  maintenance;  and  they  taking  no  care  of  it,  together  with 
my  then  circumstances,  which  were  but  very  indifferent,  discouraged  me 
very  much,  and  occasioned  my  first  thoughts  of  returning  to  England ; 
for  I was  informed  before  1 went  thither  that  there  was  £30  per  annum, 
settled  bv  law,  to  be  paid  in  each  precinct  for  the  maintenance  of  a min- 
ister, which  law  was  sent  over  hither  to  be  confirmed  by  their  lords  pro- 
prietors, and  it  being  supposed  not  to  be  a competency  for  a minister  to 
live  on,  was  sent  back  again  without  confirmation,  whereof  the  Quakers 
took  the  advantage,  and  will  endeavor  to  prevent  anv  such  law  passing 
for  the  future,  for  they  are  the  greatest  number  in  the  Assembly,  and  are 
unanimous,  and  stand  truly  to  one  another  in  whatsoever  may  be  to  their 
interest.  For  the  country  may  be  divided  into  four  sorts  of  people:  first, 
the  Quakers,  who  are  the  most  powerful  enemies  to  Church  government, 
but  a people  very  ignorant  of  what  they  profess.  The  second  sort  are  a 
72 


602 


COLONIAL  RECORDS. 


great  many  who  have  no  religion,  bnt  would  be  Quakers,  if  by  that  they 
were  not  obliged  to  lead  a more  moral  life  than  they  are  willing  to  com- 
ply to.  A third  sort  are  something  like  Presbyterians,  which  sort  is 
upheld  bv  some  idle  fellows  who  have  left  their  lawful  employment,  and 
preach  and  baptize  through  the  country,  without  anv  manner  of  orders 
from  any  sect  or  pretended  Church.  A fourth  sort,  who  are  really  zeal- 
ous for  the  interest  of  the  Church,  are  the  fewest  in  number,  but  the  bet- 
ter sort  of  people,  and  would  do  very  much  for  the  settlement  of  the 
Church  government  there,  if  not  opposed  by  these  three  precedent  sects ; 
and  although  they  be  all  three  of  different  pretensions,  vet  they  all  con- 
cur together  in  one  common  cause  to  prevent  any  thing  that  will  be 
chargeable  to  them,  as  they  allege  Church  government  will  be,  if  once 
established  by  law.  And  another  great  discouragement  these  poor  peo- 
ple have,  is  a governor  who  does  not  in  the  least  countenance  them  in 
this  business,  but  rather  discourages  them. 

Finding  it  impossible  to  travel  through  the  country  at  that  rate  I 
began,  I was  resolved  to  settle  in  one  precinct,  but  the  people,  all  alleg- 
ing that  my  Lord  Weymouth’s  charity  was  universally  designed  for  the 
whole  country,  would  not  consent  to  it;  which  bred  some  disturbance 
amongst  them,  upon  which  I was  advised,  by  some  of  the  best  friends 
of  the  Church,  to  come  over  and  represent  their  condition  to  the  honora- 
ble society,  not  only  of  their  want  of  ministers  but  likewise  of  inhabi- 
tants to  maintain  them ; and  their  desires,  they  complying  with  my 
necessities,  was  a powerful  argument,  considering  I was  then  reduced  to 
my  last  stake,  and  knew  not  where,  or  upon  what  account,  to  be  further 
supplied.  Besides,  such  a solitary,  toilsome,  and  hard  living  as  I met 
with  there  were  very  sufficient  discouragements.  I was  distant  from  any 
minister  one  hundred  and  twenty  miles,  so  that  if  any  case  of  difficulty 
or  doubt  should  happen,  with  whom  should  I consult?  And  for  my 
travelling  through  the  country,  I rode  one  day  with  another,  Sundays 
only  excepted,  about  thirty  miles  per  diem  in  the  worst  roads  that  ever 
I saw;  and  have  sometimes  lain  whole  nights  in  the  woods. 

I will  now  endeavor  to  show  you  how  inefficient  a single  man’s  labors 
would  be  amongst  so  scattered  a people.  In  the  first  place,  suppose  him 
minister  of  one  precinct  (whereas  there  are  five  in  the  country),  and  this 
precinct,  as  they  are  all  bounded  with  two  rivers,  and  those  rivers  at 
least  twenty  miles  distant,  without  any  inhabitants  on  the  road,  for  they 
plant  only  on  the  rivers,  and  they  are  planted  in  length  upon  those  rivers 
at  least  twenty  miles,  and  to  give  all  those  inhabitants  an  opportunity  of 
hearing  a sermon,  or  bringing  their  children  to  be  baptized,  which  must 


COLONIAL  RECORDS. 


603 


be  on  the  Sabbath,  for  they  won’t  spare  time  of  another  day,  and  must 
be  in  every  ten  miles  distant,  for  five  miles  is  the  furthest  they  will  bring 
their  children,  or  willingly  come  themselves;  so  that  he  must,  to  do  his 
duty  effectually,  be  ten  or  twelve  weeks  in  making  his  progress  through 
one  precinct. 

You  may  also  consider  the  distance  that  the  new  colony  of  Pamtico  is 
from  the  rest  of  the  inhabitants  of  the  country,  for  any  man  that  has 
tried  it  would  sooner  undertake  a voyage  from  this  city  to  Holland  than 
that,  for  beside  a pond  of  five  miles  broad,  and  nothing  to  carry  one  over 
but  a small  perryauger,  there  are  about  fifty  miles  desert  to  pass  through, 
without  any  human  creature  inhabiting  in  it.  I think  it  likewise  rea- 
sonable to  give  you  an  account  of  a great  nation  of  Indians  that  live  in 
that  government,  computed  to  be  no  less  than  100,000,  many  of  which 
live  amongst  the  English,  and  all,  as  I can  understand,  a very  civilized 
people. 

I have  often  conversed  with  them,  and  have  been  frequently  in  their 
towns:  those  that  can  speak  English  among  them  seem  to  be  very  will- 
ing and  fond  of  being  Christians,  and  in  my  opinion  there  might  be 
methods  taken  to  bring  over  a great  many  of  them.  If  there  were  no 
hopes  of  making  them  Christians,  the  advantage  of  having  missionaries 
among  them  would  redound  to  the  advantage  of  the  government,  for  if 
they  should  once  be  brought  over  to  a French  interest  (as  we  have  too 
much  reason  to  believe  there  are  some  promoters  amongst  them  for  that 
end  by  their  late  actions),  it  would  be,  if  not  to  the  utter  ruin,  to  the 
great  prejudice  of  all  the  English  plantations  on  the  continent  of  America. 

I have  here  in  brief  set  down  what  I have  to  say,  and  shall  be  ready 
to  answer  to  any  questions  the  honorable  society  shall  think  convenient 
to  ask  me  concerning  the  country  ; and  shall  be  both  ready  and  willing 
to  serve  them  anywhere  upon  such  encouragement  as  I can  live,  accord- 
ing to  my  education,  after  my  Lord  Weymouth  ceases  to  lay  his  com- 
mands on  me. 

I have  made  a considerable  losing  voyage  of  it  this  time,  both  by  my 
troublesome  travelling  in  America,  and  likewise  by  being  taken  into 
France,  where  I was  prisoner  of  war  nine  weeks,  and  was  forced  to  make 
use  of  mv  credit  for  my  sustenance ; and  have  lived  in  the  same  circum- 
stances since  I came  to  England,  without  any  manner  of  relief,  which  has 
been  very  troublesome  to  me,  all  which  has  brought  me  considerably  in 
debt,  near  <£3o,  and  now  in  no  way  to  pay  it,  without  my  charitable 
benefactor  or  the  honorable  society  judge  my  labors  worthy  a reward. 


604 


COLONIAL  RECORDS. 


[N.  C.  Letter  Book  S.  P.  G.] 


PETITION  FROM  NORTH  CAROLINA  TO  THE  RIGHT 
HONble  THE  LORDS  SPIRITUAL  & TEMPORAL 
IN  PARLIAMENT  ASSEMBLED 

The  Humble  Petition  of  the  Queen’s  Mali“  most  distressed  Subjects  In- 
habiting near  Pamplico  River  in  the  County  of  Bath,  within  her  MaKM 
Dominions  of  North  Carolina: 

Sheweth 

That  your  Petitioners  depending  upon  the  Royal  assurance  which  was 
given  for  their  encouraging  the  Exercise  of  the  Protestant  Religion,  and 
the  benefit  of  the  Laws  of  England,  and  the  encouragements  which 
were  published  for  planting  in  the  said  parts,  settled  themselves  and  their 
families  upon  the  said  River,  and  going  through  incredible  difficulties 
from  the  Indians,  a vast  labour  and  expense  recovered  and  improved 
divers  great  quantities  of  land  thereabouts,  they  made  all  due  applica- 
tions to  the  Governors  and  Council  of  the  Lords  Proprietors  of  those 
lands  for  being  admitted  into  the  privileges  published  as  aforesaid.  But 
instead  thereof  they  have  been  treated  by  the  said  Governors  and  Coun- 
cil with  very  great  hardships,  neither  could  your  Petitioners  obtain  your 
[ye]  favour  of  having  a minister  appointed  them,  though  they  offered 
with  cheerfulness  to  be  at  the  Charge  of  maintaining  him,  and  by  reason 
thereof  your  Petitioners  have  been  deprived  of  the  means  of  grace  which 
their  souls  earnestly  longed  after,  and  near  two  hundred  of  their  children 
have  not  been  admitted  to  the  Sacrament  of  Baptism. 


[Records  of  Perquimans  Precinct  Court.] 


Jany  1704 


Att  a Court  held  att  the  House  of  Captn  James  Coles  in  Pequimins 
River  the  eleventh  day  of  January  Anno  Dni  170f 

Prsent 


The  Worp11  Ralph  Fletcher 
The  Worp11  Francis  Foster 
The  Worp11  James  Coles 
The  Worp11  John  Stepney 


► Esq" 


Francis  Foster  & Hannah  his  wife  acknowledges  a Deed  of  Sale  to 
Thomas  Snoden. 


COLONIAL  RECORDS. 


605 


John  Anderson  ag*  Thomas  Evans  in  A Plea  of  the  Case  for  three 
pounds  Sixteen  & ten  pence  farthing  And  the  Def*  came  not  A the  pi* 
craves  an  Order  ag*  the  Marshall 

Ordered  that  the  Marshall  bring  forth  the  body  of  Tho:  Evans  to  the 
next  p'cinct  Court  to  answer  the  compl4  of  John  Anderson  als  Judgm*  to 
be  Confirmed  ag1  the  Marshall. 

A Power  of  Attorney  from  Wm  Frilye  & Grace  his  wife  to  Mr  Peter 
Godfrey  was  prov’d  by  the  Oaths  of  Richd  French  & Henry  Spring, — A 
ordered  to  be  recorded. 

The  Deputy  Marshall  Craves  an  Attach  m*  ag*  the  Estate  of  Thomas 
Evans  att  the  Suite  of  Wm  Anderson. 

A Deed  of  Sale  Acknowledged  by  Peter  Godfrey  Attorney  of  \V  m 
frilye  A Grace  his  wife  to  Mr  James  Coles. 

A Will  of  James  Oates  prov’d  by  the  Oath  of  Capt“  James  Coles  A 
the  Subscription  of  Joseph  Smith. 

John  Falconer  Assignee  of  Coll  Robt  Quarry  ag*  Richard  Davenport 
in  a plea  of  Debt  A Complaines  for  the  Quantity  of  Six  Barrells  of 
Porke.  And  for  plea  the  Def1  bv  Thomas  Norkam  his  Attorney  putts 
the  pi*  to  the  proofe  of  his  Declaration,  A putts  himself  upon  the  Coun- 
try A the  pi*  likewise  And  the  Marshall  is  required  to  come  twelve  true 
and  lawfull  men  of  the  vicinage  Ac  By  whom  the  matter  may  be  found 
Ac  And  there  came  Mr  Dennis  Macclendon  Mr  Riehd  Skinner,  Mr  Wm 
White  Mr  John  Long  Mr  John  Foster  Mr  Thomas  Avres  Mr  Samuel 
parsons  Mr  Wm  Morgan  Mr  James  Morgan  Sen.  Mr  John  Anderson  Mr 
Ralph  Fletcher  Jun  A Mr  David  Sherwood  who  Impanelld  A Sworne 
say  wee  of  the  Jury  find  for  the  pi*  Six  Barrells  of  Pork  with  Cost. 
Ordered  that  Richard  Davenport  pay  to  John  Falcon1  Six  Barrells  of 
Porke  w*h  Costs  als  Execution 

James  Anderson  p'sents  James  Thick  pen  Overseer  of  the  High  Ways 
in  his  Room  for  the  year  Ensuing. 

Ordered  that  the  Sd  , lames  Thick  pen  be  impowered  thereto  by  a Warr* 
to  him  Directed. 

Upon  peticon  of  Deborah  Withy  praying  to  live  w‘h  Richd  Whitby  A 
to  be  releas’d  from  her  Guardian  A proffers  Dennis  Macclendon  to  be  her 
Security  to  Save  the  Court  harmlesse  which  is  accepted — it  is  Soe  Or- 
derd. 

Anthony  Alexander  ag*  Tho:  Evans  in  a Plea  of  Debt  Complaines  for 
twelve  Hundred  foot  of  good  Inch  board  fifteen  foot  long  A one  pound 
fifteen  shillings  A Six  pence. 

And  the  Deft  Came  not. 


606 


COLONIAL  RECORDS. 


Orderd  that  the  Marshall  bring  forth  the  body  of  Thomas  Evans  to 
the  next  Court  held  for  this  p'einct  to  answer  the  Sd  Alexanders  Comp1* 
als  Execueon 

An  Attach  in1  agl  the  Estate  of  Thomas  Evans  granted  to  the  Provost 
M arshall  upon  his  Peticon. 

Joanna  Tayler  ag‘  Thomas  Evans  in  a Plea  of  Debt  for  forty  Shillings 
in  fresh  Porke  & the  Deft.  Came  not. 

Orderd  that  the  Marshall  bring  forth  the  body  of  the  Sd  Tho:  Evans 
to  the  next  Court  to  be  held  for  this  pVinet  to  answer  the  sd  Joanna  Taylers 
Comp1  als  Judgm1  to  be  confirm’d  ag‘  the  Marshall. 

And  the  Marshall  prays  an  Attach m‘  agt  the  sd  Evans  Estate  which  is 
granted. 

Coll  Wm  Wilkinson  ag‘  Tho:  Evans  in  a plea  of  the  Case  Complaines 
for  Thirty  Shillings  A two  pence  half  peny  & the  DeP  Came  not 

Ordered  that  the  Marshall  bring  forth  the  body  of  the  Sd  Tho:  Evans 
to  the  next  Court  to  be  held  for  this  prcinct  to  answer  the  Sd  Wm  Wil- 
kinson Comp11  als  Judgm1  to  be  confirmed  agl  The  Marshall. 

An  Attach  m*  granted  to  the  Marshall  ag‘  the  Sd  Evans  Estate  upon  his 
motion. 

A Deed  of  Sale  Acknowledged  from  Richd  Davenport  to  Coll  Wm 
Wilkinson. 

A Deed  of  Sale  acknowledged  from  Mr  Ralph  Fletcher  to  Richd  Bur- 
tenshall  A Order’d  to  be  Recorded. 

And  then  the  Court  Adjourned  till  tomorrow  Morning  8 of  Clock. 

On  Wednesday  att  Eight  of  Clock  the  Court  meets  prsent  ut  Supra. 

And  then  the  worp11  Court  adjourns  for  one  hour. 

On  Wednesday  Morning  9 of  Clock  the  Court  meets  prsent  ut  Supra 

A Letter  of  Attorney  from  Richd  Burtenshall  to  Thomas  Norkom 
prov’d  by  the  Oaths  of  Thomas  Snoden  & Thomas  Houghton  & order’d 
to  be  recorded. 

A Letter  of  Attorney  from  Ralph  Fletcher  Sen  to  Ralph  Fletcher 
Jim  acknowledged  & ordered  to  be  recorded. 

Tho.  Clark  vs  Richd  Davenport 

Exce  return  in  Custody 

A Deed  of  Gift  from  Ralph  Fletcher  Sen.  to  Ralph  Fletcher  Jun. 
Acknowledged  in  Court  & ordered  to  be  recorded. 

A Deed  of  Gift  from  Ralph  Fletcher  Jun  to  Ralph  Fletcher  Sen. 
acknowledged  in  Court  A ordered  to  be  recorded. 

A Power  of  Attorney  from  Elizabeth  the  wife  of  Barth  Phelps  to 
John  ffalconer  relinquish  her  Right  of  Dower  of  a Tract  of  Land  Sold 


COLONIAL  RECORDS. 


607 


% 


from  y*  sd  Bartholomew  Phelps  to  Anthony  Alexander  & order’d  to  he 
recorded  And  the  same  is  acknowledged  & to  be  recorded 

Anthony  Alexander  upon  his  own  ace*  & Coll  Wm  Wilkinson  on  be- 
halfe  of  the  sd  Anthony  Alexander  undertakes  for  the  sd  Anthony  Alex- 
ander in  the  Penall  Slime  of  one  hundred  pounds  Sterling  Conditionally 
that  the  sd  Anthony  Alexander  shall  be  of  good  Abearance  to  all  her 
Matie8  liege  Subjects  & the  Court  of  Pequimins  till  the  twelfth  day  of 
January  Anno  Dni  170f 

RALPH  FLETCHER 
FRANCIS  FOSTER 


Att  a Court  held  att  the  House  of  Dennis  Maeclenden  the  11th  day  of 
Aprill  Anno  Dni  1704. 

Prsent. 


The  Worp11  Ralph  Fletcher  1 

The  Worp11  Francis  Foster  ! r8 

The  Worn11  Wm  Bartlett  f S<1  — ' 


1 ustices 

The  Worp11  John  Stepney  j 

The  Worp11  Ralph  Fletcher  Esqr  acknowledges  a Deed  of  Sale  to 
Thomas  Harvey  & Margrett  his  wife  and  orderd  to  be  recorded. 

James  Beesley  & Mary  his  Wife  acknowledge  A Deed  of  Sale  to 
Francis  Wells  & orderd  to  be  recorded. 

Archibald  Holmes  p'sents  Henry  Norman  Overseer  of  the  High  waves 
for  the  yeare  Ensuing  in  his  Room. 

Ordered  that  a Warr*  be  directed  to  the  sd  Henry  Norman  ini  power- 
ing him  thereto. 

Wm  Jackson  presents  George  Gordon  overseer  of  the  High  Waves  in 
his  Room  for  the  year  Ensuing. 

Orderd  that  a warp  be  directed  to  the  sd  George  Gordon  I m powering 
him  thereto 

Upon  Peticon  of  Wm  Williams  praying  lrc’  of  Administracon  of 
George  Fletchers  Estate  ordered  that  the  petieonr  have  Lres  of  Adminis- 
tracon of  the  sd  Fletchers  Estate. 

And  that  John  Anderson  John  Yates  Dennis  Maeclendon  <&  Abraham 
Warren  appraise  the  same  & that  a true  Inventory  of  the  same  be  re- 
turned by  the  sd  William  Williams  according  to  Law. 

By  An  Order  past  ag*  the  Marshall  the  last  Court  Anthony  Alexander 
Comes  to  prosecute  his  Suite  bv  Tho:  Norkarn  his  Attorney  ag* 
Thomas  Evans  in  a plea  of  Debt  And  the  Def*  Came  not.  Ordered  That 
Judgm*  be  confirmed  ag1  the  Provost  Marshall  for  the  Sd  Debt 

The  Marshall  was  required  to  arrest  the  body  of  David  Harris  to  an- 
swer the  Comp1*  of  Coll11  Willm  Wilkinson  for  the  Sume  of  four  pounds 


COLONIAL  RECORDS. 


608 


Seventeen  Shillings  & Six  pence  in  fresh  Pork  <fc  both  partyes  agreed 
referrd  by  Consent  to  the  next  pVinct  Court. 

Wm  Williams  by  Thomas  Norkam  his  Attorney  Comes  to  prosecute 
his  Suite  ag*  Wm  Hall  in  a plea  of  Detinue  for  that  the  Def*  Detaines 
one  Feather  bed  one  pair  of  blankets  & one  Iiugge  of  the  plu  And  for 
plea  the  I)ef*  Sayth  that  he  Detaines  the  aforesd  bed  and  furniture  till 
Satisfaction  made  for  the  Same  and  putts  himself  upon  the  Country  & 
the  pP  likewise  And  the  Marshall  was  Comanded  to  come  twelve  (fee  to 
whom  cfec  who  neither  i&e  By  whom  &e  And  there  came  Mr  Archibald 
Holmes  Mr  Anthony  Hoskins  Mr  Henry  Spring  Mr  John  Yate  Mr 
Richd  Burtenshall  Richd  Rose  Abraham  Warren  Francis  Wells  Francis 
Pettitt  Lawrence  Megue  John  Bennitt  Richd  Skinner  who  Impannelld  cfe 
Sworn  Say  wee  of  the  Jury  find  for  the  Def 1 

Ordered  that  the  action  be  dismist  And  the  p“  pay  Costs  als  Execution 

Francis  Pettitt  by  his  oath  proves  an  ace*  ag*  Richd  Houghton  Debt1 
to  the  Sd  pettitt  one  cow  & one  cow  yearling 

Richd  Chesten  prsents  Samuell  Cretchington  Overseer  for  the  High 
Waves  in  his  room  for  the  year  Ensuing. 

Ordered  that  a Warr*  be  directed  to  the  Sd  Cretchington  impowering 
him  thereto. 

Mr  Peter  Godfrey  acknowledges  a Tract  of  Land  to  Anthony  Haskett. 

James  Morgan  acknowledges  a Deed  of  Sale  to  Wm  Morgan 

Upon  Peticon  of  Christopher  Sutton  praying  his  Estate  out  of  Sam- 
uell Nicholson  his  Guardian’s  hands. 

Ordered  that  the  Sd  Suttons  Peticon  be  Ejected. 

Thomas  Harvye  & Margret  his  wife  acknowledge  a Deed  of  Sale  to 
David  Harris 

David  Harris  <fc  Elizabeth  his  wife  acknowledge  a Deed  of  Sale  to 
Thomas  Harvye,  cfe  orderd  to  be  recorded. 

Thomas  Snowden  Attorney  of  Constant  his  wife  relinquishes  her  right 
of  Dower  of  A Tract  of  Land  Sold  to  John  Bateman. 

Mr  Fredrick  Jones  Complaines  ag*  Thomas  Codings  in  a plea  of  the 
Case  for  Three  & Thirty  Shillings  & two  pence  to  be  pd  in  Porke  att  the 
House  of  Peter  Godfrey  And  the  Def*  bv  Tho : Norkam  his  Attorney 
comes  A Sayth  he  is  not  Indebted  above  Seventeen  Shillings  and  Craves 
a Nonsuite  being  out  of  the  Jurisdiction  of  this  Court  to  determine  And 
the  Opinion  of  this  Court  is  that  a Nonsuite  ought  to  be  Granted  to  the 
Def* 

Orderd  that  the  pi*  be  nonsuite  A pay  Costs  als  Execution. 


COLONIAL  RECORDS. 


609 


Mr  Frederick  Jones  Complaines  ag‘  John  Grey  in  an  accon  of  Debt  for 
two  pounds  tenne Shillings  & three  pence  and  both  partyes  agreed  referr’d 
by  Consent  to  the  next  prcinct  Court 

Mr  Frederick  Jones  by  Mr  Peter  Godfrey  his  Attorney  comes  to  prose- 
cute his  Suite  ag‘  Tho:  Houghton  for  two  pounds  Nyne  Shillings  & 
Eight  pence  in  Debt.  And  the  Deft.  Came  not 

And  the  pu  craves  an  Attach m‘  ag‘  the  Debts.  Estate  which  is  granted. 

John  Anderson  & Jane  his  wife  acknowledge  A Deed  of  Sale  to  John 
Hawkins. 

Jeremiah  Goodridge  Constitutes  John  Anderson  his  Attorney  A A 
Power  prov’d  to  the  Sd  John  Anderson  by  the  oath  of  Thomas  Welch. 

A power  of  Attorney  from  Thomas  Evans  to  John  Abates  prov’d  by 
the  oath  of  Thomas  Snoden. 

A Power  of  Attorney  from  Mary  the  wife  of  Thomas  Evans  to 
Thomas  Snoden  to  relinquish  her  right  of  Dower  of  A Plantation  Sold 
by  her  husband  Thomas  Evans  to  Jeremiah  Goodridge. 

A Deed  of  Sale  acknowledged  from  John  Yates  & Thomas  Snoden 
Attorneys  of  Thomas  Evans  & Mary  his  wife  to  John  Anderson  Attor- 
ney of  Jeremiah  Goodridge. 

Upon  peticon  of  James  Thigpen  praying  that  a Road  may  be  clear’d 
to  the  Ferry  out  of  the  High  Road 

Ordered  that  the  sd  Thigpens  Peticon  be  ejected. 

John  Shawe  acknowledges  an  assignm*  of  A Pattent  to  James  Nubv 
A Orderd  to  be  recorded 

Richd  Rose  acknowledges  an  Assignm4  of  a Draught  of  Land  to 
Benjamin  Nicholson 

RALPH  FFLETCHER 
FRANCIS  FOSTER 
WILLIAM  BARCLIF 
JOHN  STEPNEY. 

Pequimins  ss  Att  a Court  held  att  the  House  of  Dennis  Macclendon 
in  Pequimins  River  ye  11th  Day  of  July  Anno  Dni  1704 
p'sent  The  Worp"  Ralph  Fletcher  j 

The  Worp11  Francis  Foster  I Esq” 

The  Worp11  Wm  Bartlett  ( Justices 
The  Worp11  John  Stepney  J 

Thomas  Cartwright  acknowledges  a Tract  of  Land  to  Sam11  Wright  A 
Ordered  to  be  recorded 

A power  of  Attorney  from  Richd  Nowell  to  John  Wiuburv  provd  by 
the  Oaths  of  Wm  Jackson  & Mr  Francis  Foster 
73 


610 


COLONIAL  RECORDS. 


An  Assignm*  of  A pattent  from  John  Winbury  Attorney  of  Rich- 
Nowell  to  Wm  Jackson  & ordered  to  be  recorded. 

An  Assignm*  of  a Pattent  from  \V,n  Jackson  to  Rich-  Nowell  & or- 
dered to  be  recorded 

Wm  Williams  makes  Oath  to  an  Inventory  of  George  Fletchers  Es- 
tate. 

A power  of  Attorney  from  Coll  Wm  Wilkinson  to  Thomas  Snoden. 

By  a Reference  from  the  last  Court  Coll  Wm  Wilkinson  by  Tho:-Sno- 
den  his  Attorney  Comes  to  prosecute  his  Suite  ag*  David  Harris  in  a 
plea  of  Deb1  for  four  pounds  seventeen  Shillings  & Six  pence  half  pork 
& half  Corne  And  the  Def*  Confesses  Jugdgm*  tor  the  Same. 

Order’d  that  David  Harris  pay  unto  Coll"  William  Wilkinson  the 
Sume  of  four  pounds  Seventeen  Shillings  & Six  pence  with  Costs  als 
Execucon. 

Mr  Frederick  Jones  by  Mr  Peter  Godfrey  his  Attorney  Comes  to  pros- 
ecute his  Suite  ag*  Thomas  Horton  als  Houghton  in  a plea  of  Debt  for 
two  pounds  Nyne  Shillings  & Eight  pence  payable  in  Corne  or  porke 
And  the  Def*4  produces  A Coppv  of  the  Writt  & pleads  itt  insufficient  to 
compell  him  to  make  answer 

Order’d  that  the  aecon  be  dismist  & the  pi*  pay  Costs. 

Mr  Frederick  Jones  bv  Mr  Peter  Godfrey  his  Attorney  Comes  to  pros- 
ecute his  Suite  ag*  John  Gray  in  A plea  of  Debt  for  two  pounds  tenne 
Shillings  & three  pence  payable  in  Corne  or  porke  And  the  Def*  Comes 
& Confesses 

Order’d  that  John  Gray  pay  unto  Mr  Frederick  Jones  two  pounds 
tenne  Shillings  & three  pence  wth  Costs  als  Execucon. 

Wm  Morgan  comes  to  prosecute  his  Suite  ag*  David  Harris  in  A pica 
of  the  Case  upon  Defamacon  for  Scandalizing  & aspersing  the  pi*  wth 
these  words  viz*  Thee  art  A Rogue  & lie  prove  itt  And  the  I)ef*  comes 
& pleads  Justification  & Casts  himselfe  upon  Country  & the  pi*  likewise. 
And  the  Marshall  is  required  to  Cause  to  Come  twelve  true  & lawfull 
men  &c  who  neither  <fcc  To  whom  &c  By  whom  the  matter  may  be  found 
And  there  came  Mr  Dennis  Maeelendon  Mr  John  Anderson  Mr  Archi- 
bald Holmes  Mr  John  Yates  Mr  W“  Hall  Mr  Daniel  Hall  Mr  Wm 
Branch  Mr  James  Foster  Mr  Wm  Lacv  Mr  John  Willoughby  Mr  W“ 
Jackson  & Mr  Wm  Williams  who  Impanelld  & Sworn  Sav  wee  of  the 
Jury  find  for  the  pi*  w*h  one  Shilling  Damage  w*h  Cost  of  Suite. 

Orderd  That  David  Harris  pay  unto  Wm  Morgan  one  Shilling  w*h 
Costs  of  Suite  als  Execucon. 

A will  of  Gregory  Garfott  prov’d  by  the  oath  of  Thomas  Houghton 
& the  Subscription  of  Francis  Tomes  Jun. 


COLONIAL  RECORDS. 


611 


A Tract  of  Land  acknowledged  by  James  Anderson  & deborah  his 
wife  to  John  Valleway  & Ordered  to  be  recorded. 

An  Assignm4  of  A Deed  of  Sale  from  Anthony  Haskett  Sen  & Tabi- 
tha  his  wife  to  Anthony  Haskett  Jun.  & ordered  to  be  recorded. 

Upon  Peticon  of  Frances  Phelps  widdow  for  Administracon  on  the 
Estate  of  Cuthbert  Phelps  Deced 

Ordered  that  Administracon  of  the  Sd  Phelps  Estate  be  granted  to  the 
peticonr 

And  that  Anthony  Alexander  John  Jennett  Willm  Lndford  & Oba- 
diah  Fare  or  any  three  of  them  doe  appraise  the  Sd  Estate  and  that  the 
Sd  Frances  Phelps  bring  in  an  Inventory  thereof  according  to  Law. 

Judith  Clark  by  Caleb  Caleway  her  attorney  Comes  to  prosecute  her 
Suite  ag4  John  White  & Alice  his  wife  Deft3  in  A plea  of  the  Case  upon 
Defamacon  for  aspersing  & Scandalizing  the  pu  in  these  words  viz4  You 
(meaning  the  pi4)  are  A whore  & lie  prove  you  one  And  for  plea  the 
Def43  by  Thomas  Norcom  their  Attorney  Say  the  pi48  Declaration  is  not 
firm  or  valid  in  law  to  compell  them  to  make  answer.  And  the  opinion 
of  this  Court  is  That  the  Deft3  plead  to  the  accon  And  for  plea  the  Def4* 
plead  Justificaeon  & Cast  themselves  upon  the  Country  & the  pi4  like- 
wise And  the  Marshall  is  required  to  Cause  to  Come  twelve  true  & law- 
full  men  &e  To  whom  &e  who  neither  &e  by  whom  &c  And  there  came 
Mr  Dennis  Macelendon  Mr  John  Anderson  Mr  Archibald  Holmes  Mr 
John  Yates  Mr  Wm  Hall,  Mr  Daniel  Hall  Mr  Wm  Branch  Mr  James 
Foster  Mr  Wm  Lacy  Mr  John  Willoughby  Mr  Wm  Jackson  Mr  Wm  Wil- 
liams who  Impanell’d  & Sworn  Say  wee  of  the  Jury  find  noe  Cause  of 
accon. 

Orderd  that  the  p14  pay  costs  als  Execucon. 

A Will  of  Wm  Lacy  Sen.  prov’d  by  the  Subscription  of  Wm  Lacy 
Jun.  Ordered  that  the  Executr  have  probat  of  the  Sd  Will. 

An  assignment  of  a Pattent  acknowledged  from  Archibald  Holmes  to 
Anthony  Wherry  & ordered  to  be  recorded. 

Wm  Lacy  Jun  on  his  own  behalfe  A W“  Moore  on  the  behalfe  of  tin* 
Sd  Wm  Lacy  Jun  undertakes  in  the  penall  Sume  of  one  hundred  pounds 
for  the  true  performance  of  the  last  will  & Testara4  of  Wm  Lacy  Sen 
deced. 

Thomas  Norcom  & Nathaniel  Nicholson  having  given  bond  for  the 

© © 

Security  of  Deborah  Vhitbys  Estate  Orderd  that  they  be  discharged 
from  the  Sd  Bond  and  that  the  Sd  Bond  be  null  & void 

Ordered  that  Thomas  Houghton  be  overseer  of  the  High  waves  fory® 
year  Ensuinge  A be  Impowered  by  a Van-4  to  him  directed.  In  the  Room 
of  Wm  Long 


612 


COLONIAL  RECORDS. 


Ordered  that  a Road  be  Cleerd  from  Lakars  Creek  to  the  usuall  plaee 
and  that  Caleb  Caleway  be  appointed  overseer  for  the  year  ensuing  in 
the  Room  of  Joshua  Caleway  by  a Warr'  im powering  him  thereto. 

Wm  Williams  proves  his  Right  to  50  acres  of  Land  by  the  Importa- 
tion of  himselfe 

Upon  Peticon  of  John  Prieklove 

Ordered  that  Wm  Morgan  pay  unto  John  Prieklove  for  his  attendance 
as  an  evidence  ag‘  David  Harris  two  Shillings  & Six  pence  wth  Costs  als 
Execueon 

Upon  Peticon  of  John  Morgan. 

Orderd  that  Wm  Morgan  pay  unto  John  Morgan  for  his  attendance  as 
an  Evidence  ag'  David  Harris  two  Shillings  & Six  pence  wth  Costs  als 
Execueon 

Upon  Peticon  of  Ralph  Fletcher  Jun 

Orderd  that  Wm  Morgan  pay  unto  Ralph  Fletcher  Jun  for  his  attend- 
ance as  an  Evidence  ag'  David  Harris  two  Shillings  & Six  pence  wth 
Costs  als  Execueon. 

An  assignin'*  of  a Deed  of  Sale  from  Thomas  Ayres  to  \Vm  Williams 
& ordered  to  be  recorded. 

RALPH  FFLETCHER 
FRANCIS  FOSTER 
WILLIAM  BARCLIFT 
JOHN  STEPNEY 


Att  a Court  held  for  the  prcinct  of  Pequimins  att  the  House  of  Den- 
nis Macclendon  the  10th  day  of  October  Anno  Dni  1704 


prsent 


The  Worp"  Francis  Foster  N 
James  Coles 
Willm  Bartlett 
John  Stepney 
Isaac  Wilson 


Esq”  Justices 


Timothy  Clare  __ 

A new  Comission  being  published  the  Court  Satt  & the  members  tooke 
the  usuall  oaths  appointed  by  Law 

An  Assignmt  of  A Deed  of  Sale  from  Riehd  Burtenshall  acknowledged 
to  David  Harris  & orderd  to  be  recorded.  And  Priscilla  his  wife  relin- 
quishes her  Right  of  Dower  of  the  Plantacon  & land  Specifyed  in  the 
Sd  Deed  of  Sale 

An  Assignin'  of  a Deed  of  Gift  from  John  Foster  to  Elizabeth  his 
wife  acknowledged  to  John  Davenport  & orderd  to  be  recorded. 


COLONIAL  RECORDS. 


613 


An  Inventory  of  the  Estate  of  Samuel  Swann  deced  prsented  in  Court 
& Oath  made  to  the  Same  by  Mary  Swann  Administratrix  deced’s  Es- 
tate & ordered  to  be  recorded. 

A Deed  of  Sale  acknowledged  from  John  Davenport  to  Alexander 
Raye  & Ordered  to  be  recorded. 

A Deed  of  Sale  acknowledged  from  Wm  Bogue  to  Wm  Nuby  Isaac 
Wilson  John  Pricklove  & Wm  More  & Orderd  to  be  recorded 

John  Bateman  prsents  Thomas  Mercer  overseer  of  the  High  Wayes  tor 
the  year  ensuing. 

Orderd  that  A Warr‘  be  directed  to  the  Sd  Thomas  Mercer  Impower- 
ing  him  thereto 

Lawrence  Megne  prsents  Sam11  Phelps  overseer  of  the  High  wayes  for 
the  year  Ensuing, 

Orderd  that  A Warr‘  be  directed  to  the  Sd  Sam11  Phelps  Impowering 
him  thereto 

Upon  Peticon  of  Nath1  Sutton  praying  to  be  appointed  Guardian  of 
Richard  Sutton  Orphan  & Son  of  George  Sutton  Deced. 

Ordered  that  the  Sd  Peticon  be  rejected. 

Ordered  that  Isaac  Wilson  & Joseph  Smith  Apprise  A Mare  of  the 
Estate  of  Thomas  Hancocks  Deced  And  that  the  Same  be  putt  in  the 
possession  of  Wm  White  for  the  use  of  the  sd  Hancocks  Orphans  and 
that  the  sd  Wm  White  give  in  Security  for  the  sd  Mare  att  the  next  prcinet 
Court. 

A Power  of  Attorney  from  Wm  Williams  & Susannah  his  wife  to 
Dennis  Macclendon  provd  by  the  Oath  of  Thomas  Snoden 

A Deed  of  Sale  acknowledged  from  Dennis  Macclendon  Attorney  of 
Wm  Wil'm8  & Susannah  his  wife  to  Tho:  Norcom  & ordered  to  be  re- 
corded. 

Aji  assignm*  of  a Deed  of  Sale  from  Tho:  Norcom  to  Thomas  Snodon 
acknowledged  in  Court  & orderd  to  be  recorded. 

Upon  Peticon  of  Captn  James  Coles  praying  to  prove  Rights  to  two 
hundred  & Fifty  acres  of  Land  by  the  Invportacon  of  himselfe  John 
Brock  John  Falconar  Edward  Daniel  Pison  & Charles  an  Indyan  & is 
admitted. 

FRANCIS  FOSTER 
JAMES  COLES 
WILLIAM  BARCLIFT 
JOHN*  STEPNEY. 

ISAAC  WILLSON 
TIMOTHY  CLARE 


614 


COLONIAL  RECORDS. 


1705. 


[Minutes  of  Va.  Council  in  Assembly.  B.  P.  R.  O.  B.  T.  Va.  56.] 


Saturday  May  12th  1705. 

The  Council  adjourned  during  pleasure 

And  being  again  mett 

The  Resolves  of  the  House  of*  Burgesses  concerning  the  bounds  of 
North  Carolina  were  read  as  follows 

May  2d  1 705. 

That  the  best  way  to  prevent  any  further  encroachm**  being  made  by 
the  Government  of"  North  Carolina  on  the  Inhabitants  of  this  Colony  is 
to  make  provision  as  soon  as  possible  for  laying  out  & ascertaining  the 
Boundarys  between  this  Government  & that  of  North  Carolina  & that 
Com"  be  appointed  & impowered  by  his  Excellency  with  the  advice  A 
consent  of  the  Council  to  treat  with  such  Comm"  as  shall  be  appointed 
by  the  Government  of  Carolina  for  effecting  the  same. 

On  reading  the  Resolve  of  the  House  of  Burgesses  concerning  the 
bounds  of  North  Carolina 

Resolved 

That  it  is  the  opinion  of  the  Council  that  before  any  Treaty  be  had 
with  the  Government  of  North  Carolina  Mr  James  Minge  & Mr  Robert 
Bolling  junr  surveyors  be  derected  as  soon  as  conveniently  may  be  pri- 
vately to  run  the  line  between  this  Government  & North  Carolina  pro- 
ceeding according  to  the  course  mentioned  in  the  Patent  of  the  Lords 
Proprietors. 

Resolved 

That  the  said  Surveyors  be  derected  to  take  particular  notice  what 
lands  or  plantations  held  by  Patents  or  Entrys  under  this  Government 
may  happen  to  be  cutt  off  by  the  said  line,  or  how  far  the  same  may  hap- 
pen to  run,  beyond  the  Inhabitants  of  this  Colony. 

Ordered. 

That  the  said  surveyors  make  report  of  their  proceedings  to  his  Excly 
& the  Council  that  they  may  be  the  better  enabled  to  appoint  Comm”  or 
make  representation  to  her  Majesty  as  they  shall  find  expedient  for  the 
good  of  the  Inhabitants  of  this  Country 

Ordered 

That  a copy  of  the  above  Resolves  be  sent  to  the  Burgesses  for  their 
concurrence 

Then  his  Excellency  signed  the  Resolves  thus 

I do  concur  with  the  Council  in  the  above  Resolves 

FRA:  NICHOLSON. 


COLONIAL  RECORDS. 


615 


26th  June  1705 

In  pursuance  of  an  Order  of  Council  of  31st  May  last  past  Mr  James 
Minge  Surveyor  this  day  attended  his  Excellency  and  the  Council  who 
acquainted  him  that  being  desirous  to  know  whether  the  line  between 
this  Government  and  North  Carolina  if  run  according  to  the  patent  of 
the  Lords  Proprietors  may  cut  off  any  plantations  held  by  titles  from 
this  Government  They  proposed  to  him  to  take  an  observation  at  the 
mouth  of  the  Weyanoake  Creeke  now  commonly  known  by  the  name  of 
Maherin  river  and  thence  to  proceed  directly  westward  in  the  latitude  of 
36d  30m  according  to  the  course  of  the  Proprietors  patent  making  his 
observations  at  two  or  three  more  places,  where  he  thinks  most  conve- 
nient for  discovering  the  course  of  the  said  line  and  desired  him  to  with- 
draw and  consider  what  assistance  he  may  want  for  performing  that  ser- 
vice Whereupon  the  said  Mr  Minge  withdrew  & having  taken  a Memo- 
randum from  the  patent  of  the  Lords  Proprietors  of  Carolina  returned 
with  some  proposals  for  his  better  accomplishing  that  service  And  it  ap- 
pearing that  the  said  Mr  Minge  cannot  appear  therein  before  next  No- 
vember it  is  referred  till  October  Generali  Court  (when  it  is  probable  all 
the  gentlemen  of  the  Council  will  be  in  Town)  for  consideration  of  such 
further  directions  as  shall  be  found  necessary  for  accomplishing  the  ser- 
vice now  proposed.  In  the  meantime  ISP  Minge  is  desired  to  keep  secret 
the  intentions  of  this  Government  in  relation  to  the  running  the  course 
of  the  said  line  And  for  the  better  concealing  thereof  it  is  Ordered  that 
the  Clerk  of  the  Council  do  not  issue  the  Order  of  Council  of  31at  Mav 
to  the  Surveyor  of  Nansemond  for  laying  out  the  Maherin  Indians  land 
till  Mr  Minge  be  ready  to  go  out  with  him  to  take  the  aforesd  observation 
that  the  people  of  North  Carolina  may  have  no  other  suspicion  than  that 
those  Surveyors  are  only  going  about  laying  the  Maherin  Indians  land. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  mett  at  the  Chappel  ye  9th  Dav  of  Sep1  1705: 
Present 


Co"  Thomas  Pollock 
John  Ardern  Esqr 
W“  Duekenfield  Esqr 
Cap1  Thomas  Luten 
Mr  John  Blount 


Mr  Nicholas  Crisp 
Mr  Wm  Banbury 
► Mr  Nath1  Chevi'n 
Mr  Edward  Smithwick 


Mr  Henry  Gerrard  presenting  himself  to  the  Vestry  as  a minister  of 
the  Gospel  and  he  having  the  Honoble  Deputy  Gov"  approbation  is  re- 


616 


COLONIAL  RECORDS. 


ceived  by  the  Vestry  into  this  precinct  and  the  Said  Mr.  Henry  Gerrard 
declaring  that  by  Reason  of  the  great  Distance  betwixt  this  precinct  and 
pequirains  and  the  Dirtyness  of  the  Roads  he  is  not  able  to  Serve  in  the 
two  precincts,  and  therefore  is  willing  to  attend  in  this  precinct  wholy 
and  decline  his  Intentions  of  Serving  in  pequimins. 

And  the  Church  Wardens  for  and  in  Behalf  of  the  Vestry  do  under- 
take to  pay  to  the  aforesaid  Mr  Henry  Gerrard  thirty  pounds  per  annum 
at  the  Law  directs  besides  these  Voluntary  Subscriptions  hereafter  men- 
tioned to  which  the  Several  persons  have  Subscribed  Vizt — 


£.  s d 

Co11  Thomas  Pollock 

5 : 0:0 

Wm  Duckenfield  Esqr 

4 : 0:0 

John  Ardern  Esqr 

3:  0:0 

Mr.  Edwd  Moseley 

5 : 0:0 

Capt.  Thomas  Luten 

1 : 0:0 

Mr.  Nicholas  Crisp 

1 : 5:0 

Mr.  Edward  Smithwick 

1 : 0:0 

Mr.  John  Blount 

1:  0:0 

Mr.  Wm  Banbury 

0:  8:0 

Mr.  Nath1  Chevin 

1 : 0:0 

John  Wheatly 

0:  10: 0 

Richard  Rose 

0:  10: 0 

John  Linnington 

0: 15: 0 

Cap1  David  Henderson 

0 : 20 : 0 

Henry  Bonner 

0: 10: 0 

£25 : 8:0 

It  is  agreed  that  a third  part  of  the  thirty  pounds  be  levied  and  raised 
in  the  precinct  in  December  next. 

And  the  Vestry  agrees  to  meet  the  15th  of  December  next. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  meeting  at  the  Chappel.  Dec  y‘  16.  1705 

Present 


Col  Win  Wilkinson 
John  Arden.  Esqe 
Wm  Ducenfield.  Esq 
Mr  John  Blount 
Mr  Edward  Smithwick 


Cap1  Thomas  Leuten 
Mr  Richard  Crisp 
Mi-  Wm  Banbury 
Mr  Nath1  Cheven 


COLONIAL  RECORDS. 


61  7 


Ordered  and  agreed  that  Col  Thomas  Pollock  and  Mr  John  Blount 
shall  be  church  wardens  for  the  ensuing  year 

And  there  being  not  a full  vestry  it  is  agreed  that  the  Vestry  meet  the 
Second  Day  of  January  nex. 


[Records  of  Perquimans  Precinct  Court.] 


Pequimins  S.  S.  Att  A Court  held  att  the  House  of  Dennis  Macelen- 
den  in  Pequimins  River  the  9th  day  of  January  170]t 

Psent 


The  Worp" 
Francis  Foster 
James  Coles 
John  Stepney 
Isaac  Wilson 
Timothy  Clare 


Esq" 

Justices 


Cap*®  James  Coles  acknowledges  a Deed  of  Sale  to  John  Pettiver  and 
Orderd  to  be  recorded 

And  Marv  his  wife  relinquishes  her  Right  of  Dower  to  the  Land 
Specifved  in  the  Sd  Sale 

A Bond  from  Captu  James  Coles  to  John  Pettiver  acknowledged  in 
Court  & orderd  to  be  recorded. 

An  Assigum*  of  A Deed  of  Sale  from  John  Yateto  Richd  Burtenshall 
acknowledged  in  Court  A Orderd  to  be  recorded  And  Elizabeth  Yate 
relinquishes  her  Right  of  Dower  to  the  pbnisses  Specifved  in  the  Sd 
Deed  of  Sale. 

A Deed  of  Sale  for  ten  head  of  Cattle  from  Wm  Willms  to  Thomas 
Snoden  provd  A allowd  of  in  Court  A Orderd  to  lie  recorded. 

John  Falconar  Comes  to  prosecute  his  Suite  ag*  Edw4  Berry  in  a Plea 
of  Debt  for  Four  Hundred  Forty  and  Three  pounds  of  good  Merchant- 
able Tobacco  A Cask  And  for  Plea  the  Del’1  by  Thomas  Norcomb  his 
Attorney  Sayth  he  is  not  indebted  in  the  Quantity  of  Tobacco  A Cask 
afores4  And  A Bill  produced  and  no  power  incerted  in  the  Bill  nor  the 
Same  Assigned  A Non  Suite  is  Granted  for  the  Def*  upon  his  motion 
And  Orderd  that  the  pi*  pay  Costs  als  Exo. 

Coll1  Willm  Wilkison  A Hester  his  wife  by  Thomas  Snoden  their 
Attorney  Come  to  prosecute  their  Suit  ag*  Johannah  Tavler  Executrix 
of  the  last  will  A Testament  of  \Ym  Boyce  for  two  Gold  Rings  of  the 


74 


COLONIAL  RECORDS. 


(>18 


value  of  Forty  Eight  Shillings  And  the  Marshall  makes  returne  Non  est 
Inventus  And  the  pi*  prayes  an  Attachm*  agl  the  Deft'  Estate  which  is 
Granted. 

Elizabeth  Foster  the  wife  of  John  Foster  relinquishes  her  Right  of 
Dower  of  A Plantacon  Sold  by  her  husband  to  John  Davenport. 

Anne  Davenport  relinquishes  her  Right  of  Dower  to  A Plantation 
Solti  by  her  husband  to  Alexander  Rave 

Upon  Peticon  of  Sarah  Grey  Shewing  that  her  husbands  Estate  is  in 
the  possession  of  Mr  John  Pettiver  And  praying  tin*  Same  may  by  Order 
be  granted  unto  her 

Orderd  that  all  the  Estate  of  Thomas  Gray  now  in  the  possession  of 
Mr  John  Pettiver  be  Granted  unto  Sarah  Gray  She  giving  Security  to 
the  Sd  Pettiver  to  Save  him  harmlesse  from  A Rill  past  by  him. to  the 
petieonrs  husband. 

A Deed  of  Sale  from  John  Valleway  to  Dan1  Wright  acknowledged 
in  Court  A orderd  to  be  recorded. 

And  Jane  his  wife  relinquishes  her  right  of  Dower  to  the  p'mises 
Specifyed  in  the  Sd  Deed  of  Sale 

Upon  Peticon  of  Dan1  Snooke  praying  to  prove  Rights  for  Four  Hun- 
dred & Fifty  acres  of  Land  by  A Importacon  of  John  Williford  A Jane 
Williford  Wm  Williford  Sarah  Williford  Mary  Watts  Mary  Avengton 
Phillis  Love  Sam1  Boatman  A 1 Child  A is  admitted. 

Orderd  that  the  Constable  Spa  Ellinor  Gibbs  to  the  next  pTinct  Court 
to  answer  such  matters  as  shall  be  there  objected  ag‘  her. 

Upon  Peticon  of  Dennis  Macclendon  praying  to  prove  Rights  to  a 
Hundred  Acres  of  Land  bv  the  Importacon  of  two  persons  viz1  Michael 
Downing  A Habella  a Negro  A is  Admitted. 

Upon  Peticon  of  Henry  Spring  praying  to  prove  Rights  to  a Hun- 
dred acres  of  Land  by  the  Importacon  of  two  persons  viz*  himself  twice 
A is  admitted. 

# Abraham  Warren  prsents  Sam1  Charles  Overseer  of  the  High  Waves 
in  his  Room  for  the  year  Ensuing. 

Orderd  that  he  be  Impowered  thereunto  by  A Warr‘  to  him  Directed. 

Upon  Peticon  of  Nathaniel  Nicholson  praying  to  prove  an  ace1  A is 
admitted. 

< )rderd  That  Mary  Albertson  A Nathaniel  Albertson  pay  unto  Nathan- 
iel Nicholson  as  much  porke  as  will  fill  A Barrell  two  Sows  two  Barrows 
of  his  wife  proper  marke  A one  Barrow  Specifyed  in  the  Inventory  with 
Costs  als  Exo 

Orderd  that  John  Davenport  be  Constable  for  the  year  Ensuing. 


COLONIAL  RECORDS. 


01 9 


Orderd  That  Thomas  Wenslowe  be  over  Seer  of  the  High  W aves  for 
the  year  Ensuing  in  the  room  of  Sam1  Cretchington. 

Ordered  that  he  be  impowered  thereunto  by  A Whirr1  to  him  Directed 

Jane  Morgan  brought  before  this  Court  for  beating  abusing  wounding 
of  Elizabeth  Noreomb  appeares  And  for  plea  Sayth  that  She  did  not 
beat  abuse  A wound  the  Sd  Elizabeth  Noreomb  in  maner  & forme  as  is 
alledg’d  and  the  Sd  Jane  Morgan  acknowledging  her  fault  A being  Sorry 
fi»r  the  Same  is  Dismist  paying  Costs. 

Lpon  Petition  of  Mary  Albertson  A Nathaniel  Albertson  praying  to 
prove  an  ace4  agl  the  Estate  of  Sarah  Nicholson  wth  an  order  for  the  Same. 

Ordered  that  the  sd  Reticon  be  ejected. 

Ordered  that  Dennis  Maeclendon  A Esau  Albertson  be  Discharged 
from  their  bond  being  Security  wth  Mary  Albertson  for  Sarah  Harris 
Estate 

Orderd  That  Richd  Skinner  be  Overseer  of  the  High  waves  for  the 
year  Ensuing  in  the  Room  of  Francis  Beesley. 

Orderd  that  he  be  thereunto  Impowered  by  A warr‘  to  him  directed. 

Upon  Reticon  of  Thomas  Parker  praying  to  be  admitted  to  prove 
Rights  to  A Hundred  Acres  of  Land  by  the  Importacon  of  Elizabeth 
Earker  & Lucy  Parker  A is  Admitted  A Assignes  them  to  Henry  Spring 

Upon  Reticon  of  Timothy  Clare  Esqr  praying  to  prove  A right  to  A 
Fifty  acres  of  Land  by  the  Importacon  of  Jcnnv  A Negro  is  Admitted 
A Assignes  the  Same  to  Dennis  Maeclendon. 

FFRANCIS  FF(  )STER 
JAih  COLES 
JOHN  STEPNEY 
ISAAC  WILLSON 
TIMOTHY  CLEARE 

Att  a Court  held  att  the  House  of  Mr  Dennis  Macclenden  the  10th  dav 
of  A prill  1705 

prsent  The  W'orp11 

Francis  Foster  C. 

Cap*"  James  Coles 
Wm  Bareli  He 
John  Stepney 
Dennis  Maeclendon 

A new  Comission  being  published  the  above  members  take  A Subscribe 
to  the  Oaths  appointed  by  Law. 

Thomas  Snoden  Clerk  of  this  Court  takes  ami  Subscribes  to  the  Oath 
appointed  by  Law. 


Esq™  Justices 


COLONIAL  RECORDS. 


«;•_>() 


An  assign m*  of  a Deed  of  Sale  from  Rich*1  Burtenshall  to  Andrew 
Reed  acknowledged  in  Court  A'  Ordered  to  lie  recorded  and  Priscilla  L is- 
wife  relinquishes  her  right  of  Dower  to  the  prmises  Specify  ed  in  the  S'1 
Deed  of  Sale 

A power  of  Attorney  from  Magdalen  Holmes  to  .John  Foster  provd 
bv  the  Oaths  of  Peter  Worden  & Alexander  Rave  A ordered  to  be 
recorded. 

An  Assignm*  of  a Pattent  from  Archibald  Holmes  to  John  Foster 
Attorney  of  Magdalen  his  wife  to  Edward  Wilson  acknowledged  in  Court 
A Orderd  to  be  recorded. 

An  assignm*  of  a Pattent  from  John  Noreombto  Richd  Skinner  acknowl- 
edged in  Court  & Orderd  to  be  recorded. 

And  Elizabeth  his  wife  Relinquishes  her  Right  of  Dower  to  the  land 
Specifyed  in  the  Sd  pattent. 

A Power  of  Attorney  from  Anne  Rave  to  John  Foster  provd  bv  the 
Oaths  of  Peter  Worden  A Edwd  Wilson  A Orderd  to  be  recorded. 

An  assignm*  of  a Deed  of  Sale  from  Alexander  Raye  A John  Foster 
Attorney  of  Anne  Raye  his  wife  to  Archibald  Holmes  acknowledged  in 
Court  A Orderd  to  be  recorded. 

A Deed  of  Sale  from  John  Norcum  A Elizabeth  his  wife  acknowl- 
edged in  Court  A Orderd  to  be  recorded. 

A Conditionall  bond  from  John  Norcum  A Elizabeth  his  wife  ac- 
knowledged to  Henry  Warren  A Ordered  to  be  recorded. 

A power  of  Attorney  from  Elizabeth  Warren  to  John  Foster  provd 
by  the  Oaths  of  Archibald  Holmes  A peter  Worden  A Ordered  to  be 
recorded 

A Deed  of  Sale  from  Henry  Warren  A John  Foster  Attorney  of 
Elizaleth  his  wife  to  John  Norcum  acknowledged  in  Court  A Orderd  to 
be  recorded. 

Thomas  Snoden  proves  an  acc*  ag*  the  Estate  of  Simon  Trumbull 
Deced  for  the  sume  of  Two  pounds  Sixteen  Shillings  and  nyne  pence  A 
proves  the  same  by  his  Oath. 

Upon  Petieon  of  Thomas  Snoden  praying  an  Order  for  the  Sume  of 
Two*  pounds  Sixteen  Shillings  A Nyne  pence  in  the  hands  of  Anne 
Trumbull  Widdow  Administratrix  of  the  Estate  of  Simon  Trumbull 
Deced.  Orderd  that  Anne  Trumbull  Widdow  Administratrix  of  the 
Estate  of  Simon  Trumbull  Deced  pay  unto  Thomas  Snoden  the  sume  of 
Two  pounds  Sixteen  Shillings  A Nyne  pence  with  Cost  als  Exo. 

Co11  Willfri  Wilkison  A Hester  his  wife  by  Tho:  Snoden  their  friend 
come  to  prosecute  their  Suite  ag*  Johanna  Taylor  Executrix  of  the  last 


COLONIAL  RECORDS. 


621 


Will  A Testam*  of  Willfn  Boyce  dececl  in  a plea  of  the  case  for  two  Gold 
Rings  of  the  value  of  Forty  Shillings  And  for  plea  the  Def*  by  Tho: 
Norcmn  her  Attorney  Savth  that  there  is  noc  Legaeves  due  till  the  Just 
Debts  are  payed  and  putts  himself  upon  the  Country  and  the  pi*  likewise 
and  the  Marshall  was  Comanded  to  cause  to  come  twelve  true  & lawfull 
men  Ac  To  whoni  Ac  Who  neither  Ac  By  whom  the  matter  may  be  found 
and  there  came  Mr  Archibald  Holmes  Mr  Francis  Beasley  Mr  Henry 
Warren  Mr  Edward  Wilson  Mr  Joseph  Sutten  Sen  Mr  Lawrence  Megue 
Mr  Henry  Bonner  Mr  Joseph  Sutten  Jun  Mr  Andrew  Reed  Mr  Rich1' 
Burtenshall  Mr  John  Falconar  A Mr  Rob1  Hosea  who  Impanelled  A 
Sworn  Say  wee  of  the  Jury  find  noe  case  of  accon.  Orderd  that  the  ac- 
tion be  dismist  A the  pi*  pay  Costs  als  Exo. 

Elizabeth  Oates  Widdow  Guardian  A next  friend  of  Sarah  Lilly  or- 
phan of  John  Lilly  Deced  Comes  to  prosecute  her  Suite  ag*  Willfil 
Stewart  A Elizabeth  his  wife  in  a Plea  of  Trespasse  for  killing  a Cow 
Calfe  To  her  Damage  Forty  Shillings  And  for  plea  Elizabeth  one  of  the 
Deft8  putts  the  pll  to  the  proofe  of  her  Declaraeon  A putts  herself  upon 
the  Country  And  the  pi*  likewise  And  the  Marshall  was  Comanded  to 
cause  to  come  twelve  true  and  lawfull  men  Ac  To  whom  Ac  who  neither 
Ac  by  whom  the  matter  may  be  found  And  there  came  Mr  Archibald 
Holmes  Mr  Francis  Bcesley  Mr  Henry  Warren  Mr  Edward  Wilson  Mr 
Joseph  Sutton  Sen  Mr  Lawrence  Megue  Mr  Henry  Bonner  Mr  Joseph 
Sutton  Jun  Mr  Andrew  Reed  Mr  Rich11  Burtenshall  Mr  John  Falconar 
A Mr  Rob1  Hosea  who  Impanelld  A Sworn  Say  wee  of  the  Jury  find  for 
the  plaintiffe.  Orderd  that  Willm  Stewart  & Elizabeth  his  wife  pay 
Costs  als  Exo. 

John  Privett  comes  to  prosecute  his  Suite  ag*  Thomas  Houghton  in  A 
plea  of  Debt  A Complaines  for  four  pounds  payable  in  porke  wheat  or 
Come  And  the  Def*  came  not  And  the  pi*  prayes  an  Attachm*  ag*  the 
Defts  Estate  which  is  granted. 

John  Privett  proves  a Bill  of  four  pounds  payable  from  Thomas 
Houghton  to  the  sJ  John  Privett  by  the  oaths  of  Thomas  Clarke  A 
John  Falconar. 

Upon  petition  of  Henry  Bonner  praying  the  Estate  of  Deborah  Whit- 
by his  now  wife  out  of  the  hands  of  Dennis  Macclendon  Guardian  of  the 
Sd  Deborah. 

Orderd  that  Dennis  Macclendon  deliver  unto  the  peticonr  all  the  Estate 
of  Deborah  the  pet  icon"  now  wife  into  the  hands  A Custody  of  the 
pet  icon*. 


COLONIAL  RECORDS. 


Upon  Petition  of  John  Falcon1  praying  allowance  for  his  Attendance 
as  Evidence  for  John  Privett  ag‘  Thomas  Houghton.  Ordered  that  John 
Privett  pay  unto  John  Faleonar  allowance  as  Act  of  Assembly  for  one 
Daves  Coming  A’  going  A one  days  Attendance. 


DENNIS  MACK  LA  NDI N WILLIAM  BA  RC  LI  FT. 

Att  A Court  held  at  the  House  of  Mr  Dennis  Macclendon  in  Pequi- 
mins  River  the  tenth  day  of  July  Anno  Dm  1705 

Prsent  the  the  worp11  Francis  Foster 

Capt”  James  Coles 


Willm  Stephens  Es<jr  one  of  the  Members  of  this  Court  takes  A Sub- 
scribes to  the  Oath  appointed  by  Law. 

Thomas  Houghton  Deputy  Marshall  takes  A Subscribes  to  the  Oath 
appointed  by  Law 

Esau  Albertson  by  Thomas  Snoden  her  Maties  Attorney  Generali  & 
procurat1-  for  the  Lords  propriet”  Exhibitts  an  Informacon  ag‘  Mary 
Evans  upon  breach  of  the  Act  Entitled  An  Act  ag*  Fornicacon  A Adul- 
tery Anti  the  Sd  Mary  Evans  appears  A Confesses  the  Informacon  A 
is  willing  to  pay  the  fine  Specifyed  in  the  Sd  Act  with  Costs. 

Ordered  That  Mary  Evans  pay  Fifty  Shillings  to  the  uses  Specifyed 
in  the  Sd  Adt  with  Co£ts  als  Exo. 

A Deed  of  Sale  from  Esau  Albertson  to  Mary  Rookes  acknowledged 
in  Court  A Ordered  to  be  recorded. 

As  Assign in‘  of  A Pattent  from  Ezekiell  Maudlin  to  Timothy  Clare 
acknowledged  in  Court  A Ordered  to  be  recorded. 

And  Hannah  his  wife  relinquishes  all  the  her  right  of  Dower  to  the 
aforesd  Land  Specifyed  in  the  Sd  Pattent 

Upon  Motion  of  Thomas  Snoden  her  Maties  Attorney  Generali  to 
this  worp"  Court  praying  that  Alexander  an  Indyan  late  Servant  to 
Juliana  Lakar  and  one  of  her  Maties  Subjects  may  be  produced  to  this 
Court  A lately  Comitted  to  her  Charge  And  the  Sd  Alexander  being 
Suspected  to  be  killed  or  by  some  means  made  away  with  by  the  Sd 
Juliana  Lakar  Ordered  That  the  Marshall  take  into  his  Custody  the  Sd 
Juliana  Lakar  A her  hold  untill  She  shall  become  bound  with  good  & 


JOHN  STEPNEY 


FFRANCIS  FFOSTE1 
JAfli  COLES 


Willm  Bartlett 


John  Stepney 
Dennis  Macclendon 
Willm  Stephens 


j 


i”  Justices 


COLON  I A L RECORDS. 


H23 


Sufficient  Security  for  the  Sd  Alexander’s  Appearance  att  the  next 
prcinct  Court. 

John  Dix  Comes  to  prosecute  his  Sute  ag*  Thomas  Suoden  Jun  in  A 
plea  of  the  Case  upon  Defamacon  & Complaines  that  the  Def*  did  utter 
A declare  of  the  pi*  these  false  malitious  & Scandalous  words  viz*  you 
Stole  Mad m Walkers  Hoggs  & they  meaning  the  Sd  Hoggs  were  of  her 
marke  To  his  Damage  Fifty  pounds  And  for  plea  the  Def*  putts  the 
pi*  to  the  proof  of  his  Declaration  And  putts  himselfe  upon  the  Country 
And  the  p1*  likewise  And  the  Marshall  was  Comanded  to  Cause  to  Come 
twelve  true  Ac.  By  Whom  Ac  To  whom  Ac  Who  neither  Ac  And  there 
came  Mr  Thomas  Long  Mr  Willm  White  Mr  David  Harris  Mr  John 
Willoughby  Mr  Richd  Houghton  Mr  Willm  Long  Mr  James  Thigpen 
Mr  Willm  Pagistei  Mr  Walter  Tanner  Mr  Richd  Rose  Mr  Willm  Moore 
A Mr  Francis  Jones  who  Impanelled  A Sworn  Say  wee  of  the  Jury  find 
for  the  pi*  twelve  pence  Damage  with  Costs  of  Suite 

Orderd  that  Thomas  Suoden  Jun  pay  unto  John  Dix  Twelve  pence 
Damage  with  Costs  of  Suite  als  Exo. 

Upon  Petition  of  Cap*"  John  Heckletield  praying  to  be  admitted  to 
prove  an  ace*  ag*  the  Estate  of  Simon  Trumbull  Deed  is  Admitted  A 
produces  an  aee*  ag*  the  Estate  of  Simon  Trumbull  Deed  for  the  Sume 
of  Four  pounds  Tenne  Shillings  A i-  A proves  the  Same  by  this  Oath. 

Orderd  that  Anne  Trumbull  Widdow  Administratrix  of  the  Estate  of 
Simon  Trumbull  Deed  pay  unto  Cap*"  John  Heckletield  the  Sume  of 
Four  pounds  Tenne  Shillings  A als  Exo. 

Upon  Petition  of  John  Willoughby  praying  to  be  Admitted  to  prove 
an  ace*  ag*  the  Estate  of  Simon  Trumbull  Deed  is  admitted  A produces 
an  aee*  ag*  the  Estate  of  Simon  Trumbull  Deced  for  the  Sume  of  Twentv 
Shillings  A ten  pence  A proves  the  Same  bv  his  Oath. 

Orderd  that  Anne  Trumbull  Widdow  Administratrix  of  the  Estate  of 
Simon  Trumbull  Deced  pay  unto  John  Willoughby  the  Sume  of  Twenty  ' 
Shillings  A ten  pence  als  Exo. 

John  Hopkins  Comes  to  prosecute  his  Suite  ag*  Patrick  Eggerton  in 
A Plea  of  the  Case  A Complaines  for  Six  pounds  payable  in  Wheat  And 
for  plea  the  Def*  by  Edwd  Smethwieke  his  Attorney  Sayth  that  the  pi*  hath 
noe  cause  of  aecon  A putts  himselfe  upon  the  Country  A the  pi*  likewise 
and  the  Marshall  was  required  to  cause  to  come  twelve  true  A lawful  I 
men  Ac  who  neither  Ac  To  whom  Ac  By  whom  the  matter  may  be  found 
And  there  came  Mr  Thomas  Long  Mr  Willm  White  Mr  David  Harris 
Mr  John  Willoughby  Mr  Riehd  Houghton  Mr  James  Thigpen  Mr  Willm 
Pagister  Mr  Walter  Tanner  Mr  Richd  Rose  Mr  Willm  Moor  Mr  Francis 


624 


COLONIAL  RECORDS. 


Jones  & Mr  John  Bennett  who  Impanelled  & Sworn  Say  wee  of  the 
Jury  find  noe  Cause  of  Accon. 

Ordered  that  the  accon  he  dismist  & the  pi*  pay  Costs  als  Exo. 

John  Falconr  assignee  of  Thomas  Clarke  is  pi*  ag*  Thomas  Houghton 
Def*  in  A Plea  of  Debt  & Complaines  for  Two  pounds  Seven  Shillings 
& Six  pence  due  by  Bill  payable  in  good  Sound  Merchantable  Porke 
Convenient  in  Yopin  River  And  the  Def*  comes  & confesses  Judgm*  for 
the  Same 

Orderd  that  Thomas  Houghton  pay  unto  John  Falcon*  assignee  of 
Thomas  Clarke  the  Sume  of  Two  pounds  Seven  Shillings  & Six  pence 
with  costs  als  Exo. 

And  in  barr  of  the  aforesd  Order  the  Def*  prays  all  further  pro- 
ceedings may  be  stop*  till  A further  hearing  be  in  the  Honbl®  Court  of 
Chancery  And  prayes  an  Appeall  in  to  the  Honble  Court  of  Chancery 
which  is  granted. 

Thomas  Houghton  on  his  own  behalf  & Thomas  Norcum  on  behalf  of 
the  sd  Thomas  Houghton  acknowledge  themselves  Joyntly  A Severally 
to  owe  & Stand  indebted  unto  the  Lords  p'opriot18  in  the  full  sum  of  five 
pounds  That  the  sd  Thomas  Houghton  shall  prosecute  his  appeal  ag*  A 
Judgm*  obtaind  bv  John  Falcon*  to  the  next  Court  of  Chancery. 

A Power  of  Attorney  from  Peter  Godfrey  to  Isaac  Wilson  provd  by 
the  oath  of  Cap*11  James  Coles  A likewise  the  same  provd  by  the  Oath  of 
Rob*  Harman  the  nvnth  day  of  July  1705  A Orderd  to  be  recorded. 

Upon  Petieon  of  Willm  Stephens  praying  to  be  admitted  to  prove  an 
ace*  ag*  the  Estate  of  Simon  Trumbull  Deced  is  admitted  A produces  an 
ace*  ag*the  Estate  of  Simon  Trumbull  Deced  for  the  Sume  of  Six  pounds 
A proves  the  same  by  his  Oath. 

Orderd  That  Anne  Trumbull  Administratrix  of  the  Estate  of  Simon 
Trumbull  Deeed  pay  unto  Willm  Stephens  the  Sume  of  Six  pounds  a'8  Ex’ 

FRACIS  FOSTER 
WILLIAM  BARCLIFT 
JOHN  STEPNEY 
DENIS  MACKLENDIN 
WILLIAM  STEPHENS 

Pequimins  ss: 

Att  A Court  held  att  the  House  of  M*  Dennis  Macelendon  the  9th 
Day  of  Octob*  Anno  Dm  1705 

P'sent 

The  Worp11  Francis  Foster 
John  Stepney 
Dennis  Macelendon 
Willm  Stevens 


Esq"  Justices 


COLONIAL  RECORDS. 


()2o 


Upon  Peticon  of  Jane  Anderson  praying  an  order  for  Lres  of  Admin- 
istracon on  the  Estate  of  John  Anderson  Deeed  as  nearest  of  Kinn  to  the 
Dece4 

Orderd  that  Jane  Anderson  have  Lres  of  Administracon  on  the  Estate 
of  John  Anderson  Deced  And  that  Isaac  Wilson  Dennis  Maeclendon  A 
Andrew  Reed  apprise  the  afores4  Estate  A that  the  sd  Jane  Anderson 
bring  in  an  Inventory  of  the  I)eeed8  Estate  to  the  next  prcinct  Court. 

Thomas  Houghton  p'sents  John  Norcom  overseer  of  the  High  waves 
in  his  Room  for  the  year  Ensuinge. 

Orderd  That  the  Sd  John  Norcom  be  thereunto  Impowered  by  A 
warr*  to  him  directed. 

Upon  Peticon  of  Cap*”  John  Hecklefield  praying  lres  of  Administra- 
tion de  bonis  non  Administratis  of  the  Estate  of  Simon  Trumbull  deced. 

Orderd  that  John  Hecklefield  have  fresh  lr“s  of  Administracon  of  the 
Estate  of  Simon  Trumbull  Deced  A That  Mr  Willm  Bartlett  John  Wil- 
loughby & Francis  Penrice  apprise  the  Aforesd  Estate  if  any  be  to  be 
found. 

Thomas  Mercer  prsents  Walter  Tanner  Overseer  of  the  High  Waves 
in  his  Room  for  the  year  Ensuing. 

Orderd  That  the  Sd  Walter  Tanner  be  thereunto  Impowered  by  A 
Warr*  to  him  directed. 

A Deed  of  Sale  from  Willm  White  to  Willm  Targiter  acknowledged 
in  Court  & Ordered  to  be  Recorded. 

A Power  of  Attorney  from  Anne  White  to  Willm  White  her  husband 
provd  by  the  Oaths  of  Thomas  Snoden  A Patrick  Eggerton  A Orderd 
to  be  recorded. 

Orderd  that  Thomas  Wenslow  Daniel  Snooke  & Thomas  Lilly  Sev- 
erally appear  att  the  next  pVinet  Court. 

John  Hopkins  comes  to  prosecute  his  Suite  ag*  Andrew  Rosse  A Rich4 
Leary  Execut"  of  Cornelius  Leary  deced  in  A Plea  of  Debt  A Com- 
plaines  for  four  pounds  A ten  Shillings  in  Clean  drest  fresh  porke  A the 
pit3  came  not  A John  Norcom  produces  A Power  of  Attorney  p rov’d 
from  the  Sd  Leary  to  the  Sd  Norcom 

Orderd  that  the  matter  be  referrd  to  the  next  pVinet  Court. 

A Bill  from  Andrew  Rosse  A Rich4  Leary  ExecuP  of  Cornelius  Leary 
deced  for  the  Sume  of  Four  pounds  A Feline  Shillings  prov’d  by  the 
Oath  of  Thomas  Norcom  A left  for  further  proof 

A Deed  of  Sale  from  John  Hare  to  John  Bennett  aeknowledged  in 
Court  A Orderd  to  be  recorded. 


75 


626 


COLONIAL  RECORDS. 


An  Assignm*  of  A Deed  of  Sale  from  John  Hare  to  John  Bennett  ac- 
knowledged in  Court  A Orderd  to  be  recorded. 

A Power  of  Attorney  from  Sarah  Hare  to  John  Hare  her  Husband 
provd  bv  the  Oath  of  John  Falcon1,  & Orderd  to  bo  recorded 

A D(  ;ed  of  Sale  from  John  Falcon1,  to  John  Gray  Acknowledged  in 
Court  A Orderd  to  be  recorded 

By  an  Information  of  Elizabeth  Exhibited  agl  Ellinor  Mearle  by 
Thomas  Snoden  her  Maties  Attorney  Generali  & Procuraf  for  the  Lords 
Propriet”  ag‘  Ellinor  Mearle  for  breach  of  an  Act  Entituled  an  Act  ag* 
Fornication  & Adultery  And  the  Sd  Ellinor  appeal'd  A Confesses  the  In- 
formation. 

Orderd  That  Ellinor  Mearle  be  punished  by  receiving  Ten  Stripes  on 
her  Back  well  laid  on  & pay  Costs  als  Exo 

And  then  the  Court  adjourns  till  tomorrow  Morning  7 of  clock. 

Att  7 of  Clock  on  Wednesday  the  Court  meets. 

Compl1  being  made  to  this  Court  by  the  orphans  of  George  Sutten 
deced  That  Abraham  Warren  their  Guardian  hath  given  them  1 moderate 
Correction  & deprived  them  of  Competent  Sustenance, 

Orderd  That  Dennis  Macclendon  take  into  his  Custody  Elizabeth  A 
Deborah  Sutten  two  of  the  aforesd  Orphans  A all  their  reall  A personal] 
Estate  whatsoever  A be  accountable  for  the  same  when  thereunto  legally 
called. 

Orderd  that  Nathaniel  Sutton  take  into  his  Care  & Custody  Richd 
Sutten  one  of  the  aforesd  Orphans  A all  his  reall  & personall  Estate 
whatsoever  A be  accountable  for  the  Same  when  thereunto  legally  called. 

Orderd  that  A Bond  past  by  Abraham  Warren  Samuel  Nicholson  A 
James  Oats  for  the  aforesd  Orphans  Estate  be  null  A void  to  all  intents  A 
purposes. 

Upon  Petition  of  Charles  Craddock  Shewing  That  Henry  Norman 
detains  from  the  petition1-  one  Trunk  one  Chest  an  Inkhorn  & a Bible 

Orderd  that  Henry  Norman  render  unto  the  peticonr  the  aforesd  Chest 
Trunk  Bible  A Inkhorn  with  Costs  als  Exo. 

Alexander  the  Indvan  by  a Reference  from  the  last  Court  comes  to 
prosecute  his  suite  ag1  Juliana  Lakarin  A Plea  of  the  Case  A Complains 
That  he  the  pu  Sometime  in  the  Month  of  May  in  the  year  of  our  Lord 
God  1692  in  A by  A certaine  writing  obligations  contracted  to  A with 
the  Def‘  to  Serve  her  the  Def‘  the  full  time  A terrne  of  twelve  yeares 
from  the  Date  of  the  Sd  Contract  And  the  p!‘  Sayth  that  att  the  end  or 
Expiration  of  the  Sd  terme  of  Twelve  yeares  he  the  pw  was  to  be  free  A 
att  Liberty  And  that  the  pu  hath  Servd  the  aforesd  terme  A.  time  accord 


COLONIAL  RECORDS. 


<;27 


ing  to  contract.  And  that  the  DeP  hath  detained  the  pu  a SeiV  one  year 
over  and  above  the  time  Speoifyed  in  the  aforesd  Contract  to  his  Damage 
Tenne  pounds  And  prays  an  Order  for  his  freedom  And  for  Plea  the 
Def‘  Cometh  forth  A Sayth  that  She  never  did  by  any  writing  obligacon 
or  Contract  to  nor  with  Saunders  her  Indy  an  for  any  terme  of  years  nor 
never  did  assigne  to  any  writing  attaining  to  his  Freedom  Soe  putts  him 
to  prove  that  She  did  A throws  herself  upon  the  Country  And  the  pl‘ 
likewise  And  the  Marshall  was  Comanded  to  Cause  to  Come  twelve  true 
& lawfull  men  of  the  vicinage  who  neither  Ac.  To  whom  &c  By  whom 
the  matter  may  be  found  And  there  came  Mr  Isaac  Wilson  Mr  Timothy 
Clare  Mr  Willm  White  Mr  Patrick  Eggerton  Mr  Rich'1  Davenport  Mr 
Peter  Jones  Mr  Willm  Pargjjer  Mr  Ralph  Boatman  Mr  Willm  Bogue 
Mr  John  Hopkins  Mr  Thomas  Pierce  A Mr  Willm  Moore  who  Impan- 
nell’d  A Sworn  Say  wee  of  the  Jury  find  for  the  plantiffe  with  Costs 
of  Sute. 

Orderd  that  the  plaintiffe  be  free  from  the  Def‘  and  that  the  Def*  pay 
Costs  als  Ex8.  And  in  Barr  of  all  further  proceedings  the  Def  ‘ prays  an 
Appeal  in  to  the  next  Honble  Court  of  Chancery  which  is  granted. 

M"  Juliana  Dakar  assumes  to  be  indebted  unto  his  Excellency  the 
palatine  A the  Lords  Propriet"  in  the  full  A Just  Some  of  Twenty 
pounds  A Thomas  Norcom  assumes  in  behalfe  of  the  sd  Juliana  Dakar 
in  the  some  of  Ten  pounds  That  She  the  sd  Juliana  Dakar  shall  prose- 
cute her  appeal  ag‘  Alexander  the  Indyan  to  the  next  HonbU  Court  of 
Chancery 

Upon  pet  icon  of  Captn  James  Coles 

Orderd  That  Thomas  Snoden  pay  unto  Cap'”  James  Coles  for  his 
attendance  as  Evidence  for  Alexander  the  Indyan  v Juliana  Dakar  with 
Costs  als  Ex0 

Upon  Peticon  of  John  Old 

Ordered  that  Alexander  the  Indyan  pay  unto  the  Peticonr  Seven  Shill- 
ings A Six  pence  with  Costs  as  an  Evidence  ag‘  Juliana  Dakar  a1"  Ex0. 

Upon  Peticon  of  Richd  Skinner 

Ordered  that  Alexander  the  Indyan  pay  unto  Rich1*  Skinner  Seven 
Shillings  A Six  pence  as  an  Evidence  ag*  M”  Juliana  Dakar  with  Costs 
a18  Ex0 

Upon  Peticon  of  Ralph  Fletcher  Jun 

Orderd  that  Alexander  the  Indyan  pay  unto  the  peticon'  Seven  Shill- 
ings A Six  pence  as  Evidence  ag‘  Juliana  Dakar  with  Costs  a1*  Ex°. 

Upon  peticon  of  Thomas  Houghton 

Orderd  that  Alexander  the  Indyan  pay  unto  the  Peticon1  Seven  Shill- 
ings A Six  pence  as  Evidence  ag*  Mrs  Juliana  Dakar  with  Costs  a1*  Ex0. 


COLONIAL  RECORDS. 


fi‘28 


Ellinor  Mearle  Comes  voluntarily  before  this  Court  & makes  oath 
upon  the  Holy  Evangelist  tliai  Sam1  Padgett  of  Chowan  prcinet  is  the 
only  Father  of  a Bastard  child  born  of  her  Body  & further  Sayth  not. 

F FRANCIS  F FOSTER 
JOHN  STEPNEY 
DENIS  MACKLENDIN 
WILLIAM  STIVINS. 


[Henino’s  Va.  Statutes  at  Large.  Vol.  3.  p.  253.] 


AN  ACT  AGAINST  IMPORTING  TOBACCO  FROM  CARO- 
LINA, AND  OTHER  PARTS  WITHOUT  THE 
CAPES  OF  VIRGINIA. 

I.  For  prevention  of  such  inconveniences  and  disadvantages  as  reason- 
ably may  be  expected  in  a short  time  to  fall  upon  the  inhabitants  of  this 
colony  and  dominion,  in  the  sale  or  shipping  of  their  tobacco,  in  case  like 
provision  be  not  now  made,  as  hath  been  heretofore,  against  importing 
or  bringing  tobacco  hither  from  parts  without  the  Capes. 

II.  Be  it  enacted,  by  the  Governor,  Council  and  Burgesses  of  this 
present  General  Assembly,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  such  importation  from  henceforth  be,  and  bv  virtue  of 
this  act  remain,  prohibited  and  forbidden  ; and  that  if  any  tobacco  here- 
after, in  anv- wise  whatsoever  shall  be  imported  or  brought  from  Caro- 
lina, or  other  parts  without  the  Capes,  into  this  colony  and  dominion,  in 
order  to  be  here  laid  on  shore,  sold,  or  shipped,  the  same  shall  be  thereby 
forfeited  and  lost ; one  moiety  to  our  sovereign  ladv  the  Queen,  her  heirs 
and  successors,  for  and  towards  the  better  support  of  this  government, 
and  the  contingent  charges  thereof;  and  the  other  moiety  to  him,  her,  or 
them,  that  shall  inform  or  sue  for  the  same  in  any  court  of  record  with- 
in this  her  majesty’s  colony  and  dominion,  by  action  of  debt,  bill,  com- 
plaint or  information  wherein  no  essoin  protection  or  wager  of  law  shall 
be  allowed 


COLONIAL  RECORDS. 


629 


[From  the  MSS  Records  of  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a monthly  meeting  held  at  Caleb  Bundys  The  1st  of  the  lBt  Month 
1 70|. 

Friends  meet  &c 

There  was  a paper  signed  for  the  clearing  of  friends  Principles  Con- 
cerning fighting  wars  & sheading  of  blood  and  to  be  set  up  at  the  Court 
House  Door  during  the  time  of  the  Courts  Sitting  <fec  and  also  some 
things  under  it  of  Stephen  Scotts  own  putting  out  & giving  forth. 


1706. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  at  the  Chappel  ye  3d  Day  of  Jan"  1705[6.] 

Present. 

Co11  Wm  Wilkinson 
Cap1  Thomas  Luten 
John  Ardern  Esqr 
Wm  Duckenfield  Esqr 
Cap1  Thomas  Blount 
Mr  John  Blount 
Mr  James  Long 
Mr  Edward  Smith  wick 
Mr  Nath1  Chevin 
Mr  Wm  Banbury. 

It  being  debated  whether  the  publick  Account  shall  be  examined  Co11 
Pollock  being  absent,  who  is  appointed  one  of  the  Church  Wardens, 
therefore  the  Church  Wardens  who  have  served  the  Last  year  cannot 
render  in  their  Accounts,  because  one  of  them  is  absent  as  aforesaid  and 
so  the  accounts  cannot  be  made  up. 

Also  debated  the  Payment  of  John  Dicks  for  Work  about  the  pulpit 
the  said  Work  not  being  finished,  whether  he  shall  be  paid,  before  the 
Work  be  done.  He  alledging  that  he  could  not  finish  it  for  Want  of 
Nails  & Boards. 

And  he  brings  an  ace*  for  his  Work  six  pounds. 


COLONIAL  RECORDS. 


K30 


Ordered  that  John  Dicks  be  paid  one  pound  seventeen  shillings  nine 
pence  besides  what  he  has  been  paid,  and  that  he  finish  the  work  then 
account  with  the  Vestry. 

Whereas  several  scandalous  reports  has  been  spread  abroad  in  the  gov- 
ernment of  the  Reverend  Mr  Henrv  Gerrard  of  several  Debauched  prac- 
tices which  (if  true)  tends  highly  to  the  dishonour  of  Almighty  God  and 
the  scandal  of  the  church,  it  is  debated  whether  he  be  continued 

Ordered  that  lie  continue  in  this  precinct  as  a minister  till  the  first  of 
May  next  in  which  time  it  is  expected  by  the  Vestry  that  he  use  his 
utmost  Endeavours  to  clear  himself  of  these  black  Calumnies  laid  to  his 
charge,  or  else  he  may  expect  Dismission. 

It’s  agreed  that  if  Col  Thomas  Pollock  refuse  to  serve  as  a Church 
Warden  he  paying  the  Fine,  shall  be  excused  and  Nathaniel  Chevin 
shall  serve  in  his  stead  with  Mr  John  Blount  as  aforesaid — 

It  is  agreed  by  the  Vestry  Mr  Gerrard  agreeing  thereto  that  Mr  Ger- 
rard shall  once  in  two  months  be  fetched  over  to  the  South  Shore  by  a 
Canoe  and  two  hands  from  thence  to  begin  the  first  mondayin  February 
and  so  the  first  mondav  in  the  month  every  two  months,  which  men 
shall  be  paid  by  the  public. 

Ordered  that  Richard  Booth  be  paid  three  pounds  towards  the  main- 
tainance  of  an  orphan  child  left  destitute  by  Stephen  Beston. 

Ordered  that  the  collector  of  each  District  in  this  precinct  collect  of 
every  Tythable  in  their  and  either  of  their  Districts  two  shillings  and 
Six  pence  with  power  in  case  of  refusal  and  the  Church  Wardens  do 
undertake  for  the  faithful  Collection  and  accounting  for  the  Same  in  the 
sum  of  fifty  pounds  sterling  to  be  levied  upon  their  goods  and  Chattels 
in  case  of  refusal. 


[B.  F.  K.  O.  B.  T.  Proprieties.  Vol.  29.  p.  238.] 


To  the  Queens  most  Excellent  Majesty 

May  it  please  your  Majesty 

In  obedience  to  vour  Majesty’s  order  in  Councill  of  the  20tu  of  the  last 
month,  directing  us  to  Enumerate  to  your  Majesty  the  Several  misfear- 
ances,  and  Illegal  proceedings  of  the  Proprietary  and  charter  Govern- 
ments in  America,  in  Prejudice  to  the  Trade  of  this  Kingdom,  and  your 
Majesty’s  Plantations;  and  the  advantages  and  conveniencies  that  may 
arise  by  reduceing  such  Proprietary  and  Charter  Governments  under 
vour  Matvs  more  immediate  Direction. 


COLONIAL  RECORDS. 


631 


We  humbly  represent  to  your  Majesty,  That  those  Colonies  in  Gen- 
erali have  no  ways  answered  the  chief  design  for  which  such  large  tracts 
of  Land,  & such  privileges  and  Immunities  were  granted  bv  the  Crown 

That  thev  have  not  Conformed  them  selves  to  the  several  acts  of  Par- 
liament, for  Regulating  Trade  and  Navigation,  to  which  they  ought  to 
pay  the  same  obedience,  and  submit  to  the  same  Restrictions  as  the  other 
Plantations,  subject  to  your  Majesty’s  immediate  Government:  On  the 
contrary  in  most  of  these  Proprietary  and  Charter  (vizt  Connecticut  and 
Rhode  Island)  Governments  the  Governors  have  not  applyed  themselves 
to  your  Majesty  for  your  Royal  approbation  & allowance  of  the  said  Gov- 
ernors, nor  have  taken  the  Oaths  required  by  the  Acts  of  Trade:  Roth 
which  qualifications  are  made  necessary  by  the  late  Act  For  preventing 
Frauds  and  Regulating  abuses  in  the  Plantations  Trade. 

That  they  have  assumed  to  themselves  a power  of  making  Laws  con- 
trary & repugnant  to  the  Laws  of  England,  and  directly  prejudicial  to 
Legal  Trade. 

That  divers  of  them  have  denyed  Appeals  to  your  Majesty  in  Council 
by  which  not  only  the  Inhabitants  of  those  Colonies,  but  others  Your 
Majestys  Subjects,  are  deprived  of  that  benefit  enjoyed  in  the  Plantations, 
under  your  Majestvs  immediate  Government  ; and  the  parties  agrieved 
are  left  without  Remedy,  against  the  arbitrary  and  Illegal  proceedings  of 
their  Courts.  That  these  Colonies  are  the  refuge  and  retreat  of  Pirates 
and  Illegal  Traders  and  the  receptacle  of  Goods  Imported  thither  from 
Foreign  parts,  Contrary  to  Law,  I n return  of  which  Commodities  those 
of  the  Growth  of  these  Colonies  are  likewise  Contrary  to  Law  Exported 
to  Foreign  parts;  all  which  is  much  encouraged  by  their  not  admitting 
Appeals  as  aforesaid. 

That  they  give  protection  to  soldiers  seamen  and  servants  that  Desert 
from  other  vour  Majesty’s  Plantations  <fc  do  not  deliver  them  up  when 
reclaimed,  and  do  also  give  Shelter  to  Malefactors  who  make  their 
Escapes  from  other  parts,  without  delivering  them  up  when  demanded, 
and  great  numbers  of  the  voting  men  leave  the  Plantations  under  your 
Majesty’s  Government  where  they  are  obliged  to  be  industrious  and  pay 
'Paxes  for  the  Support  of  the  Publick  Charge,  and  maintaining  the  war 
against  the  French  and  Indians)  and  go  to  the  Proprietary  and  Charter 
Governments,  and  are  there  induced  to  settle,  chiefly  for  that  no  taxes 
are  raised  there  for  those  necessary  purposes. 

That  these  Independent  Colonies  do  turn  the  Course  of  Trade  to  the 
promoting  and  encouraging  Woolen  and  other  Manufactures  proper  to 
England  instead  of  applying  their  thoughts  and  endeavor?  to  the  Pro- 


COLONIAL  RECORDS. 


<>T2 


duct-ion  of  such  Commodities  as  are  tit  to  he  encouraged  in  those  parts 
according  to  the  true  design  and  intention  of  such  Settlements. 

That  they  do  not  in  General  take  due  care  for  their  own  Defence  A: 
Security  against  an  Enemy,  either  in  Building  Forts  or  in  providing 
their  Inhabitants  with  Sufficient  arms  and  ammunition  against  an  attack  ; 
which  is  every  day  more  and  more  to  be  apprehended  considering  how 
the  French  power  increases  in  those  parts;  nor  have  some  of  them  any 
regular  Militia  Established  amongst  them. 

That  these  mischiefs  chiefly  arise  from  the  ill  use  they  make  of  the 
powers  intrusted  to  them  bv  their  Charters,  and  the  Independency  which 
they  pretend  to,  presuming  that  each  Government  is  obliged  only  to 
Defend  its  self,  without  any  consideration  had  of  their  neighbours,  or  of 
the  general  preservation  of  the  whole. 

That  upon  this  Presumption  they  do  refuse  to  furnish  their  Quota  of 
assistance  (during  the  War)  to  the  other  Plantations  under  your  Maty" 
immediate  Government,  notwithstanding  your  Majestvs  repeated  Com- 
mands ov  vour  Royal  Letters  in  this  behalf 

Thatymder  Colour  and  pretence  of  their  Charter  several  of  them  try 
Robberies,  Murders  and  other  Crimes;  make  Laws  in  Capital  matters 
and  punish  with  Death  without  any  Legal  Authority  for  the  same. 

That  they  have  refused  to  submit  to  your  Majesty’s  and  his  Royal 
Highness’s  Commissions  of  vice  Admiralty,  and  for  commanding  their 
Militia,  and  have  defeated  the  powers  given  to  the  Governors  of  your 
Majesty’s  neighbouring  Colonies  therein. 

And  whereas  upon  our  several  Representations  of  the  great  mischief 
arising  to  your  Majesty’s  Plantations  by  the  different  value  of  coins, 
your  Majesty  was  pleased  to  issue  out  your  Royal  Proclamation  for  set- 
tling and  ascertaining  the  Current  Rates  of  foreign  Coins  in  all  your 
Majesty’s  Plantations  in  America.  We  did  accordingly  transmit  to 
the  Several  Colonies  your  Matys  said  Proclamation  and  Commands  that 
the  same  should  be  put  in  strict  Execution  in  all  parts;  Notwith- 
standing which  we  have  received  Information  from  several  of  your 
Majesty’s  Governors  that  many  of  the  Proprietary  and  Charter  Govern- 
ments have  not  complyed  therewith.  But  that  the  People  there  have 
proceeded  to  reduce  the  coin  by  clipping  to  a lower  value  than  before 
which  is  allowed  to  pass  at  any  rate  in  order  to  drain  vour  Majesty’s 
other  Plantations  of  their  current  money  ; So  that  your  Majestvs  com- 
mands will  by  such  means  remain  ineffectual  untill  the  Several  Colonies 
in  America  be  so  regulated  a-  to  be  brought  under  the  same  Directions 
and  Government. 


COLON  I A L R FA  ORDS. 


633 


We  take  Leave  further  to  lay  before  your  Majesty  some  particular 
Misfearances  of  several  of  the  said  Charter  Governments. 

5<C 

Refer  to  the  Charter  Government  of  Mass  Bay  Rhode  Island  and 
Connecticut. 

* 5jc  * 5fi  * 

As  to  the  advantages  and  Conveniences  that  may  accrue  by  reducing 
such  Proprietary  and  Charter  Governments,  Wherein  we  are  Directed  to 
offer  our  opinion  to  your  majesty,  We  lnimblv  conceive  that  from  the 
aforesaid  Irregular  and  Illegal  Proceedings  it  will  be  easily  Judged  of 
what  great  benefit  the  reuniting  to  the  Crown  the  Government  of  all  these 
Colonies  will  necessarily  be  to  your  Majestys  other  Dominions,  by 
the  removal  of  those  inconveniences  and  by  the  uniformity  and  more  due 
Regulation  of  Trade,  by  the  good  Correspondency  that  may  be  Estab- 
lished thereby  between  your  Majestys  Several  Plantations,  and  by  the 
Common  and  mutual  Defence  of  all,  as  well  as  by  the  prevention  of  the 
great  and  frequent  oppositions  that  are  made  to  Your  Majestys  laws  & 
government  by  which  means  yr  Majestys  Empire  in  America  which  is  of 
so  great  an  Extent  will  be  better  secured  from  the  attempts  of  an  Enemy 
and  become  in  all  respects  of  greater  advantage  to  this  King-dome,  and 
to  your  Majesty’s  Revenue  arising  from  those  parts 

Which  is  nevertheless  most  humbly  Submitted. 

DARTMOUTH 

Whitehall  ROB  CECILL 

Janry  10th  170f  PH:  MEADOWS 

WM  BLATHWAYT 
JOHN  POLLEXFEN 
MAT  PRIOR 

As  to  the  Bahama  Islands  which  by  their  situation  are  of  very  great 
consequence  to  the  Trade  of  this  Kingdom,  and  Safety  of  the  Naviga- 
tion from  the  West  Indies,  We  have  made  no  mention  of  them  in  this 
Report,  for  that  the  Proprietors  not  haveing  been  able  to  defend  those 
Islands,  the  Spaniards  about  3 years  ague  with  a very  smal  force  haveing 
destroyed  and  ravaged  the  said  Islands  and  Killed  or  Carried  off  all  your 
Majesty’s  Subjects  there,  nor  have  the  said  Proprietors  done  any  thing 
for  resettling  the  same. 


76 


634 


COLONIAL  RECORDS. 


[B.  P.  R.  0.  Proprieties.  B.  T.  Voi,.  8.  O.  51.] 


SECRETARY  C.  HEDGES  TO  THE  COUNCIL  OF  TRADE. 


My  Lords  and  Gentlemen, 


Whitehall.  3d  Aprill  1706. 


I send  you  by  her  Matys  Command  the  enclosed  printed  Copy  of  an 
address  of  the  House  of  Lords  concerning  Complaints  of'  many  Inhabi- 
tants of  the  Province  of  Carolina  & Merchants  trading  thither,  against 
the  Proprietors  of  that  Province  which  you  will  please  to  consider  of  & 
to  report  your  Opinion  what  Method  is  proper  to  be  taken  for  the  Relief 
of  her  Maty8  Subjects  in  Carolina  & the  protecting  them  in  their  just 
Rights 

I am 

My  Lords  and  Gentlemen 

Your  most  humble  Servant 

C.  HEDGES. 


[Endorsed] 

Recd  9th  April 
Read  10th  do 


1706. 


THE  HUMBLE  ADDRESS  OF  THE  RIGHT  HONOURABLE 
THE  LORDS  SPIRITUAL  AND  TEMPORAL  IN  PARLIA- 
MENT ASSEMBLED,  PRESENTED  TO  HER  MAJESTY  ON 
WEDNESDAY  THE  THIRTEENTH  DAY  OF  MARCH,  1705. 
RELATING  TO  THE  PROVINCE  OF  CAROLINA,  AND 
THE  PETITION  THEREIN  MENTIONED.  WITH  HER 
MAJESTIES  MOST  GRACIOUS  ANSWER  THEREUNTO. 
LONDON,  PRINTED  BY  CHARLES  BILL,  AND  THE 
EXECUTRIX  OF  THOMAS  NEWCOMB,  DECEAS’D;  PRIN- 
TERS TO  THE  QUEENS  MOST  EXCELLENT  MAJESTY. 
1705. 

Die  Merger11  13  Mart11,  1705. 

It  is  ordered  by  the  Lords  Spiritual  and  Temporal  in  Parliament  as- 
sembled, that  the  Lord  Keeper  of  the  Great  Seal  of  England,  do  give 
Order,  that  the  address  of  this  House,  presented  to  Her  Majesty,  relating 
to  the  Province  of  Carolina,  and  the  Petition  therein  mentioned,  with 


COLONIAL  RECORDS. 


635 


Her  Majesties  most  gracious  Answer  to  the  said  Address,  be  forthwith 
printed  and  published. 

The  liumbre  address  of  the  Right  Honourable  the  Lords  Spiritual 
and  Temporal  in  Parliament  assembled. 

Die  Maiitis  12  Mart11,  1705 

We  your  Majesties  most  dutiful  and  Loyal  Subjects,  the  Lords  Spirit- 
ual and  Temporal  in  Parliament  Assembled,  beg  leave  to  inform  your 
Majesty,  that  a Petition  from  Joseph  Boone  merchant,  in  behalf  of  him- 
self, and  many  other  Inhabitants  of  the  Province  of  Carolina,  and  mer- 
chants of  London  trading  thither,  having  been  presented  to  this  House, 
complaining  of  very  great  Abuses  and  Oppressions  under  which  your 
Majesties  Subjects  in  that  Province  do  at  present  labour,  and  which  tend 
to  the  utter  destruction  of  that  Plantation,  and  particularly  of  two  Acts 
lately  passed  in  the  Assembly  there,  the  Ratifications  of  which  have  been 
signed  and  sealed  in  England  by  the  greater  part  of  the  Proprietors  of 
the  said  Colony.  We  thought  ourselves  obliged  to  cause  the  said  Acts 
to  be  brought  before  us ; and  having  at  the  request  of  the  Lord  Gran- 
ville, Palatine  of  the  Province,  and  of  the  Lord  Craven,  one  of  the  Pro- 
prietors, heard  Couneel  and  Defence  of  the  said  Acts,  and  examined 
Witnesses  in  Relation  to  that  matter,  the  House  proceeded  to  enter  upon 
a particular  consideration  of  the  two  Acts:  And  it  appeared  to  us,  that 
by  the  first  of  the  Acts  complained  of,  a Commission  consisting  of 
Twenty  Laymen,  was  erected  with  Power  in  an  arbitrary  manner,  to 
remove  & turn  out  any  Rectors  or  Ministers  of  the  Church  of  England 
from  their  Benefices  for  anv  Immorality  or  Imprudence  or  for  incurable 
Prejudices  or  Dissensions  between  such  Rectors  or  Ministers  and  their  Peo- 
ple, only  bv  delivering  a Writing  to  them,  or  leaving  it  at  their  Houses,  or 
fixing  it  upon  the  church  doors,  whereby  it  should  be  declared  that  they 
ceas’d  to  be  Rectors  or  Ministers  of  such  Parishes.  Theother  Act  directly 
asserts  that  by  the  Law  of  England,  all  Members  of  Parliament  are 
obliged  to  receive  the  Sacrement  according  to  tin*  Rites  of  the  Church  of 
England;  and  does  therefore  enact,  that  no  man  who  shall  be  chosen  a 
member  of  the  Comons  House  of  Assembly  in  Carolina,  shall  be  per- 
mitted to  sit  there,  who  has  not  received  the  Sacrement  in  such  manner, 
within  a year  before  his  Election,  unless  he  will  swear  he  is  of  the  Pro- 
fession of  the  Church  of  England,  & did  not  abstain  from  the  Sacre- 
ment out  of  dislike  to  the  Manner  and  Form  of  the  Administration 
used  in  the  Church  of  England,  and  has  not  for  a year  passed  been  in  Com- 
munion with  any  Church,  that  does  not  conform  to  the  Church  of  Eng- 


COLONIAL  RECORDS. 


636 


land,  but  upon  such  Oath  he  shall  be  qualified  to  sit  as  if  he  had  received 
the  Sacrement,  as  prescribed  by  die  Act.  The  Act  does  further  provide, 
that  if  any  Member  should  refuse  to  qualify  himself,  as  is  thereby 
directed,  that  there  should  not  be  a new  Election,  but  he  who  had  the 
next  number  of  Voices  to  such  unqualified  person  upon  the  former  Poll, 
should  be  the  member  in  his  Place. 

The  House  having  fully  and  maturely  weigh’d  the  Nature  of  these  two 
Acts,  found  themselves  obliged,  in  Duty  to  Your  Majesty,  & in  justice 
to  your  subjects  in  Carolina  (who  by  the  express  words  of  the  Charter  of 
Your  Royal  Uncle,  King  Charles  the  Second,  granted  to  the  Proprietors, 
are  declared  to  be  the  Liege- People  of  the  Crown  of  England,  and  to 
have  Right  to  all  the  Liberties,  Franchises  & Priveleges  of  English-Men, 
as  if  they  were  born  within  this  Kingdom,  & who  by  the  words  of  the 
same  Charter,  are  to  be  subject  to  no  Laws,  but  such  as  are  Consonant  to 
Reason,  and  as  near  as  may  be,  agreeable  to  the  Laws  and  Customs  of 
England)  to  come  to  the  following  Resolutions. 

First.  That  it  is  the  opinion  of  this  House,  that  the  Act  of  the  As- 
sembly of  Carolina,  lately  pass’d  there,  and  since  sign’d  and  seal’d  bv 
John  Lord  Granville,  Palatine,  for  himself,  & for  the  Lord  Carteret,  and 
the  Lord  Craven,  and  by  Sir  John  Colleton,  four  of  the  Proprietors  of 
that  Province,  in  order  to  the  ratifying  of  it,  entituled,  An  Act  for  the 
Establishment  of  Religious  Worship  in  this  Province,  according  to  the 
Church  of  England,  and  for  the  erecting  of  Churches  for  the  Publiek 
Worship  of  God,  and  also  for  the  maintenance  of  ministers  and  the 
building  convenient  houses  for  them,  so  far  forth  as  the  same  relates  to 
the  establishing  a Commission  for  the  displacing  the  Rectors  or  Ministers 
of  the  Churches  there,  is  not  warranted  by  the  Charter  granted  to  the 
Proprietors  of  that  Colony,  as  being  not  consonant  to  Reason,  repugnant 
to  Reason,  repugnant  to  the  Laws  of  this  Realm,  and  destructive  to  the 
Constitution  of  of  the  Church  of  England. 

Secondly.  That  it  is  the  opinion  of  this  House  that  the  Act  of  the 
Assembly  in  Carolina,  entituled,  An  Act  for  the  more  effectual  preserva- 
tion of  the  Government  of  this  Province,  by  requiring  all  persons  that 
shall  hereafter  be  chosen  Members  of  the  Comons  House  of  Assembly, 
and  sit  in  the  same,  to  take  the  Oaths,  and  subscribe  the  Declaration  ap- 
pointed by  this  Act  and  to  conform  to  the  Religious  Worship  in  this 
Province,  according  to  the  Church  of  England,  to  receive  the  Sacrament 
of  the  Lords  Supper,  according  to  the  rites  and  usage  of  the  said  Church 
lately  pass’d  there,  and  sign’d  and  seal’d  by  John  Lord  Granville,  Pala- 
tine for  himself  and  the  Lord  Craven,  and  also  for  the  Lord  Carteret, 


COLONIAL  RECORDS. 


637 


and  by  Sir  John  Colleton,  four  of  the  Proprietors  of  that  Province  in 
order  to  the  ratifying  of  it,  is  founded  upon  falsity  in  matter  of  Fact,  is 
repugnant  to  the  Laws  of  England,  contrary  to  the  Charter  granted  to 
the  Proprietors  of  that  Colony,  is  an  Encouragement  to  Atheism  anil 
Irreligion,  is  destructive  to  Trade,  and  Tends  to  the  depopulating  and 
ruining  the  said  Province. 

May  it  please  your  Majesty 

We  your  Majesties  most  dutiful  Subjects,  having  thus  humbly  pre- 
sented our  Opinion  of  these  acts,  we  beseech  your  Majesty  to  use  the 
most  effectual  methods,  to  deliver  the  said  Province  from  the  Arbitrary 
Oppressions  under  which  it  now  lies,  and  to  order  the  authors  thereof  to 
be  prosecuted  according  to  Law. 

At  the  same  time  we  represent  to  your  Majesty,  how  much  the  Powers 
given  bv  the  Crown  have  been  abused  bv  some  of  your  subjects,  justice 
requires  us  to  acquaint  vour  Majesty,  that  it  appeared  to  the  House,  that 
some  of  the  Proprietors  absolutely  refused  to  join  in  the  Ratification  of 
these  Acts. 

We  humbly  beg  permission  to  inform  vour  Majesty,  That  other  great 
injustices  and  oppressions  are  complained  of  in  the  Petition  but  the  na- 
ture of  the  Fact  requiring  a long  Examination,  it  was  not  possible  for 
the  House  to  find  time  for  it  so  near  the  conclusion  of  the  Session  ; and 
therefore  we  presume  with  all  Duty  to  lay  the  Petition  itself  before  your 
Majesty  at  the  same  time  we  present  this  our  address.  We  cannot  doubt 
but  that  your  Majesty  who  from  the  beginning  of  your  Reign,  has  shown 
so  great  concern  and  tenderness  for  all  your  subjects,  will  extend  your 
compassion  to  these  distressed  People,  who  have  the  misfortune  to  be  at 
so  great  a distance  from  your  Royal  Person,  and  not  so  immediately  under 
your  gentle  administration. 

Your  Majesty  is  fully  sensible  of  what  great  consequences  the  Planta- 
tions are  to  the  Crown  of  England  and  to  the  trade  of  vour  Subjects  and 
therefore  we  rest  assured,  that,  as  your  Majesty  will  have  them  all  under 
your  Royall  Care,  so  in  particular,  you  will  be  graciously  pleased  to  find 
out  and  prosecute  the  most  effectual  means  for  the  relief  of  this  Province 
of  Carolina. 

To  the  Right  Honourable  the  Lords  Spiritual  and  Temporal  in  Par- 
liament assembled. 

Phe  humble  petition  of  Joseph  Boone  Merchant  on  behalf  of  himself 
and  many  other  Inhabitants  of  the  Province  of  Carolina,  and  also  of 
several  Merchants  of  London,  trading  to  Carolina  and  the  neighbouring 
Colonies  of  her  Majesty  in  America. 

Sheweth  to  vour  Lordships, 


COLONIAL  RECORDS. 


638 


That  the  late  King  Charles  the  second  by  his  Charter  under  the  Great 
Seal  of  England,  bearing  date  the  twenty  fourth  of  March  1 663.  1 >id  grant 
to  Edward  Earl  of  Clarendon,  then  Lord  High  Chancellor  of  England, 
George,  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berckley 
and  others  their  Heirs  and  assigns  to  make  Laws  for  the  good  Government 
of  the  said  Colony,  with  the  advice,  assent  and  approbation  of  the  Freemen 
of  the  said  Colony  and  the  greatest  part  of  them,  so  as  the  said  Laws 
mav  be  consonant  to  Reason  and  as  near  as  conveniently  lx.1  agreeable  to 
the  Laws  and  Customs  of  England.  Rut  all  these  priviledges  with 
others  in  the  said  Charter,  are  granted  with  an  express  saving  of  the 
Faith,  allegiance  and  sovereign  dominion  due  to  the  King  his  Heir  and 
Successors,  A saving  the  right,  title  and  interest  of  English  Subjects  then 
planted  within  those  Limits  if  anv  be 

That  for  the  better  peopling  the  said  Colony  express  provision  is  made 
in  the  said  Charter  for  a Toleration  and  Indulgence  to  all  Christians  in 
the  Free  exercise  of  their  Religion. 

That  in  the  yeare  1669,  the  Lords  Proprietors  of  the  said  Colony,  set- 
tled the  Method  of  the  Government  of  the  said  Colony  in  several  arti- 
cles which  were  called  and  so  agreed  to  be,  the  Fundamental  Constitu- 
tions of  the  said  Colony,  whereby  the  said  Colony  was  divided  into  four 
Estates  (viz)  The  Lords  Proprietors  or  their  Deputies,  Landgraves  Cas- 
siques  and  Freeholders  who  are  to  make  up  their  General  Assembly  or 
Parliament,  which  is  the  Legislature  of  the  whole  Colony,  the  Lords 
Proprietors  or  their  Deputies  being  in  the  nature  of  Sovereign,  the  Land- 
graves and  Cassiques  being  the  Nobility  who  have  an  Hereditary  Right 
of  Session  there,  the  Freeholders  representing  the  commons  who  are  to 
be  chosen  bv  the  Freeholders  from  among  themselves  by  a Majority  of 
V oices. 

That  in  the  said  Fundamental  Constitutions  there  is  an  express  Pro- 
vision, that  no  person  should  be  disturbed  for  any  speculative  opinion  in 
Religion,  and  that  no  person  should  on  the  account  of  Religion  be  ex- 
cluded from  being  a Member  of  the  General  Assembly  or  from  any  other 
Office  of  the  Civil  Administration,  the  greatest  part  of  which  Funda- 
mental Constitutions  and  this  Provision  among  others  were  in  the  yeare 
1689.  Confirmed  by  the  Proprietors  any  every  person  to  be  afterwards 
admitted  into  any  Office  or  Place  of  Trust,  was  to  swear  to  the  Observa- 
tion of  them. 

That  the  said  Charter  being  made  soon  after  the  time  of  the  happy 
restoration  of  King  Charles  the  Second  and  the  reestablishment  of  the 
Church  of  England  by  the  Act  of  Uniformity,  many  of  the  Subjects  of 


COLONIAL  RECORDS. 


639 


this  Kingdom,  who  wore  so  unhappy  as  to  have  some  scruples  about  con- 
forming to  the  Rites  of  the  said  Church  did  transplant  themselves  and 
Families  into  the  said  Colony ; by  means  whereof  the  greatest  part  of  the 
Inhabitants  there  were  Protestant  Dissenters  from  the  Church  of  Eng- 
land, and  through  the  equality  and  Freedom  of  the  said  Fundamental 
Constitutions  of  the  said  Colony,  all  the  Inhabitants  there  lived  in  great 
peace,  and  even  the  Ministry  of  the  Church  of  England  had  support 
from  Protestant  Dissenters;  And  the  number  of  the  Inhabitants,  and 
the  trade  of  the  said  Colony  daily  increased,  to  the  great  improvement 
of  her  Majesty’s  Customs,  and  the  manifest  advantage  of  the  Merchants 
and  Manufacture  of  this  Kingdom. 

That  in  the  year  1703  when  a new  General  Assembly  was  to  be  chosen, 
which  by  the  Constitution  is  to  be  chosen  once  in  two  years,  the  Election 
was  managed  with  very  great  partiality  and  Injustice,  and  all  sorts  of 
people,  even  servants,  Negroes,  Aliens,  Jews  and  Common  sailors  were 
admitted  to  vote  in  Elections. 

That  the  Ecclesiastical  Government  of  the  said  Colony  is- under  the 
Jurisdiction  of  the  Lord  Bishop  of  London;  but  the  Governor,  and  his 
Adherents,  have  at  last,  which  the  said  Adherents  had  often  threatened, 
totally  abolished  it;  for  the  said  Assembly  hath  lately  passed  an  Act, 
whereby  Twenty  Lay  Persons,  therein  named,  are  made  a Corporation 
for  the  Exercise  of  several  Exorbitant  Powers,  to  the  great  injury  and 
oppression  of  the  People  in  general,  and  for  the  exercise  of  all  ecclesias- 
tical Jurisdiction,  with  absolute  Power  to  deprive  any  Minister  of  the 
Church  of  England  of  his  Benefice  not  only  for  his  immorality,  but  even 
for  his  imprudence  or  incurable  Prejudices  and  Animosities  between  such 
Minister  and  his  Parish  ; and  the  only  Church  of  England  Minister  that 
is  established  in  the  said  Colony,  the  Reverend  Mr  Edward  Marston  hath 
already  been  cited  before  their  Board,  which  the  Inhabitants  of  that 
Province  take  to  be  a high  ecclesiastical  Commission  Court,  destructive 
to  the  very  Being  and  Essence  of  the  Church  of  England,  and  to  be  had 
in  the  utmost  detestation  and  abhorrence  by  every  man  that  is  not  an 
enemy  to  our  Constitutions  in  Church  and  State. 

That  in  the  said  General  Assembly  another  Act  was  passed  to  inca- 
pacitate every  Person  from  being  a Member  of  any  General  Assembly, 
that  should  be  chosen  for  the  time  to  come,  unless  lie  had  taken  the  Sac- 
rament of  the  Lords  Supper  according  to  the  Rites  of  the  Church  of 
England,  whereby  all  Protestant  Dissenters  are  made  Lncapable  of  being 
of  the  said  Assembly,  and  yet  by  the  said  Act  all  persons  who  will  take 
an  Oath,  that  they  have  not  received  the  Sacrament  in  any  Dissenting 


COLONIAL  RECORDS. 


<0(1 


Congregation  for  one  year  past,  tho’  they  have  not  received  it  in  the 
Church  of  England,  are  made  Capable  of  being  of  the  said  Assembly. 
And  we  take  the  Liberty  humbly  to  inform  vonr  Lordships,  that  in  the 
Preamble  to  the  said  Act  it  is  asserted,  that  bv  the  laws  and  usage  of 
England,  all  Members  of  Parliament  are  obliged  to  conform  to  the 
Church  of  England  by  receiving  the  Sacrament  of  the  Lords  Supper  ac- 
cording to  the  Kites  of  the  said  Church,  which  Assertion  is  notoriously 
and  manifestly  false  That  this  Act  was  passed  in  an  illegal  manner  by 
the  Governors  calling  the  Assembly  to  meet  the  26th  of  April,  when  it 
then  stood  prorogued  to  the  10th  of  May  following,  and  yet  this  Act  hath 
been  ratified  by  the  Lords  Proprietors  here  in  England,  who  refused  to 
hear  what  could  be  offered  against  it,  and  contrary  to  the  Petition  of 
above  One  hundred  and  seventy  of  the  chief  Inhabitants  of  the  said 
Colony,  anti  of  several  eminent  Merchants  trading  thither,  and  though 
the  Commons  of  the  same  Assembly  quickly  after  passed  another  Bill  to 
repeal  it,  which  the  Governor  rejected. 

That  the  said  Grievances  daily  increasing,  your  Petitioner  Joseph 
Boone  is  now  sent  by  many  Principal  Inhabitants  and  Traders  of  the 
said  Colony,  to  represent  the  languishing  and  Dangerous  Condition  of 
the  said  Colony,  to  the  Lords  Proprietors  thereof,  but  his  humble  appli- 
cations to  them  have  hitherto  had  no  effect. 

That  the  Ruin  of  the  said  Colony  would  be  to  the  great  disadvantage 
of  the  Trade  of  this  Kingdom,  to  the  apparent  prejudice  of  her  Majesty’s 
Customs  and  the  great  Benefit  of  the  French,  who  watch  all  opportun- 
ities to  improve  their  own  settlements  in  those  parts  of  America. 

Wherefore  your  Petitioners  most  humbly  pray  your  Lordships  to  take 
the  deplorable  State  of  the  said  Colony  into  your  consideration,  and  to 
provide  such  reliefe  for  it,  as  to  your  Lordships  in  your  great  Wisdom 
shall  seem  proper 

And  your  Petitioners  shall  ever  pray  Ac. 


JA.  BALL 
JOSEPH  PA  ICE 
STE:  MASON 
RT.  HACKSHAW 
CHRISTO  FOWLER 
THOMAS  BY  FELD 
RENEN 


JOSEPH  BOON  E 
MIC  A J AH  PERRY 
DANIEL  WHARLEY 
THOMAS  COUTTS 
JOSEPH  MARSHALL 
THO.  GOULD 
JOHN  HODGKINS 


N A THAN!  EL  SORIANt ) CH  R ISTO  BOON  E 
DAVID  WATENBOUS. 


COLONIAL  RECORDS. 


641 


* 


[B.  P.  R.  O.  B.  T.  J.  18  ] 


Whitehall,  April  10th  1706. 

A letter  from  Mr  Sec.  Hedges  of  3rd  inst  referring  to  the  Board  an 
Address  from  the  House  of  Lords  to  Her  Maj.  relating  to  Carolina  and 
desiring  what  method  is  proper  to  be  taken  for  the  relief  of  Her  Maj 
subjects  there  and  protecting  them  in  their  just  rights  was  read  whereupon 
Ordered  that  the 


[B.  P.  R.  O.  B.  T.  Va.  56.] 

Aprill  19th  1706. 

Whereas  this  Board  are  informed  that  one  John  Lvnington  who  pre- 
tends to  be  Deputy  Surveyor  of  North  Carolina  hath  lately  surveyed  & 
laic!  out  severall  parcells  of  Land  on  the  Southside  of  Nottoway  river 
and  that  severall  persons  Inhabitants  of  this  Colony  have  made  Entry 
with  the  said  surveyor  for  divers  tracts  of  land  as  if  the  same  were  in 
the  province  of  North  Carolina  It  is  ordered  that  the  Sheriff  of  Prince 
George,  Surry  Isle  of  Wight  & Nansemond  County  make  publication 
throughout  their  respective  Countys  that  whoever  hath  or  shall  presume 
to  make  any  Entrys  with  the  said  surveyor  for  any  lands  on  the  Confines 
of  this  Government  shall  receive  no  Benifitt  by  any  such  Entrys  and 
shall  be  further  liable  to  l>e  prosecuted  with  the  utmost  severity  for  dis- 
owning her  Majesties  title  to  the  said  lands  and  ordered  that  a letter  be 
prepared  to  be  sent  to  the  Deputy  Governor  of  Carolina  desiring  him  to 
cause  his  surveyor  to  desist  from  surveying  any  land  on  or  near  the 
Frontiers  of  this  Governin'  untill  the  Bounds  betwixt  the  two  Governin'* 
be  ascertained  and  that  the  like  Directions  will  be  given  to  the  Surveyors 
here. 


(M2 


COLONIAL  RECORDS. 


[B.  P.  K.  O.  B.  T.  Proprieties.  Vol:  8.  <).  80.] 


Mr  ATTORNEY  AND  Mr  SOLLICITOR  GEN ER ALLS  REPORT 
IN  ANSWER  TO  A LETTER  WRIT  THEM  THE  12th 
APRIL  LAST  UPON  AN  ADDRESS  OF  THE 
HOUSE  OF  LORDS  TO  HER  MAJ- 
ESTY RELATING  TO 
CAROLINA. 

To  the  Right  HonobI®  the  Lords  Commissioners  for  Trade  and  Planta- 
tions. 

May  it  please  your  Lord’’8 

Tn  obedience  to  your  Lords’*  commands  signified  to  us  by  Mr  Popple, 
wee  have  perused  the  Address  of  the  Right  Honobl®  the  Lords  spiritual 
and  temporal  in  Parliament  assembled  to  her  Majty  the  12th  of  March 
last  relating  to  the  two  lawes  lately  passed  in  y®  Province  of  Carolina 
and  the  copys  we  received  from  your  Lordships  of  two  Grants  of  that 
Province  made  by  King  Charles  the  second  to  the  Duke  of  Albemarle 
and  others,  the  one  dated  the  24th  of  March  in  y®  15th  the  other  the  30th 
of  June  in  the  17th  year  of  his  reign  whereby  is  also  granted  to  the  Pro- 
prietors for  y®  good  and  happy  Government  of  that  Province,  powers  to 
make  laws  with  the  assent  and  approbation  of  the  freemen  there  inhabit- 
ing soe  as  such  Laws  be  consonant  to  reason  and  as  near  as  may  be  con- 
veniently agreable  to  y®  Laws  mentioned  in  the  said  address  not  being 
consonant  to  reason  and  being  repugnant  to  the  Laws  of  England  are 
not  warranted  by  y®  said  Charter  But  wee  are  humbly  of  opinion  were 
made  without  any  sufficient  power  or  authority  derived  from  the  crown 
of  England  And  therefore  doe  not  oblige  or  bind  the  Inhabitants  of  that 
Colony  and  her  Majesty  may  lawfully  declare  those  Laws  as  to  the  mat- 
ters therein  contained  mentioned  in  the  said  address  to  be  null  and  void, 
and  command  that  the  same  shall  not  be  put  in  execution  or  observed 
And  may  also  require  and  command  the  Proprietors  and  Assembly  of 
that  Province  by  Act  of  Assembly  to  enact  and  declare  the  same  to  lie 
null  and  void,  And  wee  are  further  of  opinion  that  the  making 
such  laws  is  an  abuse  of  the  Power  granted  of  making  laws  and  will  be 
a forfeiture  of  such  power  And  that  that  power  may  be  seized  into  her 
Majesty’s  hands  by  scire  facias  in  v®  Chancery  on  the  Patents,  or  by  Quo 
Warranto  in  the  Queens  Bench  if  the  Laws  were  approved  and  confirmed 


COLONIAL  RECORDS. 


643 


by  the  present  proprietors  which  doth  not  fully  appear  to  have  been  soe 
by  the  said  Address. 

All  which  is  humbly  submitted  to  your  Lordsps  great  wisdom 

EDW.  NORTHY 
SAM:  HARCOURT 

May  17th  1706. 


(Endorsed) 
Recd  21.  May  1 1?06 


Read  do 


[B.  P.  R.  O.  B.  T.  Proprieties.  Vol.  8.  O.  64.] 


AT  THE  COURT  AT  WINDSOR  THE  10th  OF  JUNE  1706. 

Present 

The  Queen’s  Most  Excell*  Maty  in  Councill 
Upon  reading  this  day  at  the  Board  a Representation  from  the  Lords 
Comm"  for  Trade  and  Plantations,  upon  an  Address  from  the  House  of 
Lords  to  Her  Maty  concerning  Complaints  of  many  inhabitants  of  the 
Province  of  Carolina  and  Merchants  trading  thither,  against  the  Pro- 
prietors of  that  Province.  Her  Maty  taking  the  same  into  consideration 
is  pleased  to  approve  of  the  said  Representation,  and  accordingly  having 
declared  the  Laws  mentioned  therein  to  be  null  and  void ; Doth  hereby 
order  That  for  the  more  etfectuall  proceeding  against  the  said  Charters 
by  way  of  Quo  Warranto.  Mr  Attorney  tfc  Mr  Solicitor  General  Is  do 
inform  themselves  fully  upon  what  may  be  most  necessary  for  effecting 
the  same,  and  Report  the  whole  Matter,  with  their  opinion  therein  to  her 
Maty  in  Councill  with  all  convenient  speed. 

A true  Copy. 

JOHN  l'OYEY. 

Whitehall.  June  13th  1706. 

Copy  of  an  Order  in  Council  of  10th  inst  upon  a Representation  of 
24Ul  of  last  month  for  repealing  two  Laws  past  in  Carolina  approving 
the  same  and  directing  the  Lords  Proprietors  to  declare  the  said  Laws 
null  and  vovd  accordingly  was  read. 


644 


COLONIAL  RECORDS. 


Copy  of  another  Order  of  Council  upon  a Representation  of  same 
date  directing  Mr  Attorney  A Mr  Solicitor  General  to  report  to  Her  Maj. 
what  may  be  most  necessary  for  proceeding  against  the  Charters  of  Car- 
olina by  way  of  Quo  Warranto  was  read. 

Whitehall  July  5th  1706. 

Copy  of  an  Order  of  Council  of  26th  of  last  month  upon  a Report 
from  Mr  Attorney  & Mr  Solicitor  touching  the  more  effectual  proceed- 
ings against  the  Charters  of  the  Provinces  of  Carolina  and  the  Bahama 
Islands  leaving  the  consideration  of  the  privilege  of  Peers  therein  con- 
cerned to  the  determination  of  the  House  of  Lords  was  read. 


[B.  P.  R.  O.  B.  T.  Proprieties.  Voi..  8.  O.  76.] 


AT  THE  COURT  AT  Sl  JAMES’S  THE  26th  JUNE  1706 

Present 

The  Queen’s  most  Excellent  Majesty  in  Counci  11. 

Upon  reading  this  day  at  the  Board  a Report  from  Mr  Attorney  and 
Mr  Sollicitor  Generali,  in  pursuance  of  her  Matvs  Order  in  Councill  of 
the  10th  instant,  touching  the  more  effectuall  Proceedings  against  the 
Charters  of  the  Provinces  of  Carolina,  and  of  the  Bahama  Islands,  in 
the  nature  of  Quo  Warranto’s  in  her  Maty’s  Court  of  Queens  Bench  pur- 
suant to  the  Address  of  the  Peers  in  Parliament  made  to  her  Maty  the 
last  session,  And  Mr  Attorney  and  Mr  Solicitor  thereby  representing, 
that  altho’  they  have  not  sufficient  Materialls  to  carry  on  the  said  Prose- 
cution to  an  end,  yet  they  are  sufficiently  informed  to  exhibitt  the  said 
Informations,  and  that  the  same  are  now  preparing,  and  may  be  forth- 
with tiled,  But  at  the  same  time  offering  at  the  Board,  whether  the  hieing 
such  Information  against  a Peer  in  Parliament,  may  not  be  thought  a 
Breach  of  the  Privileges  of  Peerage,  her  Maty  having  taken  this  matter 
into  consideration,  and  it  being  presumed,  That  the  House  of  Peers  are 
the  best  Judges  of  their  own  Privileges,  Her  Maty  with  the  advice  of 
Her  Privy  Councill  doth  not  think  tit  to  give  any  further  Directions 
therein  at  present. 

A true  Copv 

JOHN  POVEY. 

( Endorsed) 

July  1706. 


COLONIAL  RECORDS. 


645 


[B.  P.  R.  O.  B.  T.  Va.  58.] 


AT  A COUNCIL  HELD  AT  THE  CAPITOL  THE  17th 

OCT  1706 

Present 

The  Honoble  the  President  of  the  Council. 

Whereas  the  Government  of  North  Carolina  do  daily  continue  to  make 
encroachments  in  the  Colony  by  surveying  Lands  far  within  the  Reputed 
bounds  thereof.  And  whereas  this  Board  are  informed  That  Thomas 
Bushby  of  the  County  of  Prince  George,  And  Henry  Plumpton  of  the 
County  of  Nansomond  being  men  of  great  age  and  long  acquainted  with 
those  bounds  can  give  a particular  account  of  that  Creek  called  Weyanock 
which  bounds  that  Government.  It  is  ordered  that  a Commission  be 
prepared  Directed  to  Major  Arthur  Allen  Mr  Francis  Milner  Lieu4  Coll0 
Thomas  Milner,  Capt  James  Lockhart  and  Mr  Henry  Jenkins,  or  any 
three  of  them  to  take  examination  upon  oath  of  the  said  Plumpton  at 
his  House  on  the  last  Thursday  of  November  and  also  to  take  the  Ex- 
aminations of  such  other  persons  as  can  give  any  evidence  in  Relation  to 
the  said  bounds  And  that  a Commission  do  also  issue  to  Benja  Harrison 
Charles  Goodrich,  John  Hainan  Robert  Bolling  junr  and  Frances  Clem- 
ents Gentleman  or  any  three  of  them  to  take  the  examinations  or  oaths 
of  the  said  Thomas  Busby  at  his  house  upon  the  tirst  Tuesday  in  December 
and  also  the  Depositions  of  any  other  persons  they  shall  think  proper 
evidences  in  Relation  to  the  matter  aforesaid  and  that  notice  thereof  be  sent 
to  the  Deputy  Governor  of  North  Carolina  that  he  may  appoint  such  as 
he  shall  think  fitt  to  be  present  at  the  said  examination  on  the  part  of 
the  Government 


[B.  P.  R.  O.  B.  T.  Virginia.  Vot..  12.  N.  38. — Extracts.] 


PRESIDENT  & COUNCIL  OF  VIRGINIA  TO  THE  LORDS 

OF  TRADE 

30  August  1706 

May  it  please  Your  Lordships, 

* * * * 

I.  It  is  the  misfortune  of  this  Country  to  be  bounded  on  the  South- 
ward bv  a Proprietary  Government  and  those  concerned  therein  are  al- 


COLONIAL  RECORDS. 


040 


ways  watching  opportunitys  of  extending  there  bounds  to  the  prejudice 
of  this  Her  Majestys  Colony.  The  bounds  of  Carolina  has  for  a long 
time  been  contested  and  some  endeavours  used  from  time  to  time  to  bring 
that  matter  to  an  accommodation  but  no  progress  has  yet  been  made 
therein.  The  fresh  encroachments  made  by  that  Government  obliged 
the  Burgesses  of  the  last  Assembly  to  address  the  late  Governor  to  have 
the  bounds  laid  out  which  had  he  lived  we  believe  he  would  have  en- 
deavoured to  oblige  the  Government  of  Carolina  to  agree  to  and  to  bear 
their  proportion  of  that  charge  that  must  necessarily  accrue  thereon 
All  that  could  be  done  in  the  meantime  was  to  write  to  the  Governor  of 
Carolina  to  prohibit  the  like  encroachments  for  the  future  untill  the 
bounds  be  settled  as  Your  Lordships  will  see  in  the  Council  Journals 
pag.  16  & 57.  We  shall  only  observe  to  your  Lordships  that  while  a 
restriction  continues  on  her  Maj.  land  and  at  the  same  time  the  Proprie- 
tors have  land  so  near  to  be  taken  up  on  easier  terms  they  will  draw  to 
them  many  of  the  inhabitants  of  this  Colony  who  would  otherwise  Ik- 
rather  desirous  to  take  land  of  Her  Majesty. 


YT  LordpB  most  humble  & obedient  Servants 
E.  JENINGS,  Presid*  JAMES  BLAIR. 

DUDLEY  DIGGES.  PHILL  LUDWELL 

BENJ.  HARRISON.  Wiii  BASSETT 

ROBERT  CARTER.  HENRY  DUKE. 


[B.  P.  R.  O.  B.  T.  Va.  58.] 


AT  A COUNCIL  HELD  AT  THE  CAPITOL  THE 
22nd  OCT0  1706 

Present 

The  Honoble  the  President  of  the  Council.  ' 

Whereas  Information  is  given  to  this  Board  that  the  Surveyor  of  North 
Carolina  doth  not  only  lay  out  and  Survey  Diverse  Tracts  of  Land  within 
the  bounds  of  the  Colony  but  also  that  he  is  now  about  Riming  and  Di- 
viding Lines  between  the  Government  and  Carolina  beginning  at  the 
mouth  of  Nottoaway  River  far  within  the  Known  bounds  of  this  Colony 
without  any  notice  given  to  this  Government  of  his  proceedings  And 
that  Capt  Joshua  Wynne  of  Prince  Georges  County  and  severall  others 
Inhabitants  of  this  Colony  have  gone  out  as  is  Supposed)  on  pretence  of 
takeing  up  Land  with  the  said  Surveyor 


COLONIAL  RECORDS. 


6 47 


It  is  Ordered  that  Coll0  Benja  Harrison  do  as  soon  as  inav  be  give  Di- 
rections to  such  persons  as  he  shall  think  fitt  to  go  out  and  stop  the  said 
Surveyor  from  proceeding  any  further  in  Riming  the  said  bounds  or  Sur- 
veying any  Lands  on  this  side  of  Weyanook  'Creek  the  Reputed  bounds 
of  this  Colony  and  for  the  better  discovery  of  the  place  where  the  said 
Surveyor  is  at  present  employed  It  is  further  ordered  that  the  above 
named  Capt  Joshua  Wynne  or  such  other  person  as  Cap1  Harrison  shall 
Discover  to  have  been  last  out  with  the  said  Surveyor  be  summoned  and 
Required  to  attend  the  Gent  to  be  appointed  for  stopping  the  said  Sur- 
veyor and  to  Conduct  them  to  the  place  where  he  is. 


[B.  P.  K.  O.  B.  T.  Virginia.  58.] 


LETTER  TO  THE  GOVERNOR  OF  NORTH  CAROLINA 

Virginia  October  26th  1707.  [6?] 

Sr 

The  frequent  complaints  made  to  the  late  Governor  of  this  Colony  and 
to  the  Couneel  since  his  death,  of  encroachment  made  by  the  Officers  of 
yor  Government  on  the  Inhabitants  here,  have  induced  us  to  think  of 
some  measures  for  ascertaining  the  boundary*  between  us  and  having 
lately  received  Information  of  some  aged  men  who  have  been  long  In- 
habitants in  the  southern  parts  of  This  Colony  and  may  thereby  be  pre- 
sumed to  be  well  acquainted  with  the  bounds  of  both  Governments  tin1 
Council  have  appointed  Comm”  to  take  the  Examinations  of  those  persons 
upon  Oath,  who  will  meet  in  order  thereto  at  the  House  of  Henry  I’lump- 
ton  in  Nansimond  County  on  the  last  Thursday  of  November  and  at  Mr 
Thomas  Busby  at  Prince  Georges  County  on  the  first  Tuesday  of  Decem- 
ber next  and  as  nothing  more  is  intended  by  this  Examination  than  that 
the  true  bounds  may  be  discovered  in  order  to  prevent  Dispute  for  the 
future  I am  to  give  you  Notice  hereof  that  if  you  think  proper  you  may 
appoint  some  Gentleman  to  be  present  on  the  behalf  of  the  proprietors. 
After  which  this  Government  will  lay  the  whole  matter  before  the  Right 
Honble  her  Majestvs  principal  Secr-V  of  State  and  Lords  Comm"  for  trade 
for  further  Signification  of  her  Majtvs  pleasure  therein  in  the  meantime 
as  nothing  will  be  acted  on  the  part  of  this  Government  prejudicial  to 
the  propriety  of  Carolina  so  we  expect  the  like  candour  and  fairness  from 
you  and  that  any  your  Officers  may  not  be  permitted  to  disturb  any  that 


COLONIAL  RECORDS. 


fi  IS 


hold  Lands  bv  Virginia  patents,  nor  your  Surveyors  to  run  pretended 
Dividing  lines  or  make  Surveys  in  the  contraverted  bounds  until  the  said 
bounds  be  by  her  Majty‘  Directions  and  the  mutual  agreement  of  both 
Governments  finally  adjusted  and  settled 

Yr  most  humble  servant 

E.  JENINGS 


[B.  P.  R O.  B.  T.  Va.  58.] 


Whereas  this  board  are  informed  that  the  Surveyor  of  North  Carolina 
hath  lately  made  Diverse  Surveys  within  the  bounds  of  this  Government 
and  that  severall  of  the  Inhabitants  of  this  County  have  been  deluded 
by  the  Specious  pretence  of  the  said  Surveyors  and  others  out  of  a de- 
sign of  Creating  to  themselves  a Title  to  Diverse  Tracts  of  Land  in 
those  parts  under  pretence  of  making  Entrys  for  the  same  as  under  the 
Government  of  Carolina,  altho  the  said  Government  can’t  have  the  least 
Shadow  of  Right  thereto  by  any  thing  that  appears  from  their  charter  For 
preventing  her  Majestys  subjects  Inhabitants  of  this  Colony  from  being 
further  imposed  upon.  This  board  hath  thought  fitt  to  publish  A de- 
clare that  as  they  Conceive  her  Majesty  hath  Right  to  all  tin;  Lands  lying 
on  this  side  of  Weyanook  Creek  the  utmost  boundary  of  the  Propriaty 
of  Carolina,  and  therefore  all  such  persons  as  have  made  any  Entrys  or 
Surveys  or  taken  any  patents  from  the  Government  of  Carolina  for  any 
Lands  on  the  Nottoway  or  Meherine  Rivers  or  to  the  Northward  of  the 
said  \Y  eyanoak  Creek  are  not  to  expect  any  benefit  therby  but  that  when- 
ever the  divideing  Line  between  this  Government  and  Carolina  shall  be 
run  and  Leave  given  for  takeing  up  the  Lands  in  those  parts,  all  such 
Entrys  will  be  so  far  from  giving  them  any  preference  that  such  persons 
as  have  taken  the  same  will  rather  be  excluded  from  the  benefit  thereof 
as  having  justly  forfeited  the  favour  of  the  Government  by  Disclaiming 
as  far  as  in  them  lyes  her  Majestys  Title  to  those  Lands  and  ordered  that 
Publication  hereof  be  made  in  all  Churches  Chappells  or  Courthouses  on 
the  South  side  James  River  and  that  the  Respective  Sheriffs  take  care 
the  same  be  done  According! v. 


COLONIAL  RECORDS. 


649 


[B.  P.  R.  O.  B.  T.  Va.  58.] 


North  Carolina  ye  18th  November  1706 

Honble  Sr 

Yours  of"  the  26th  of  October  carue  to  my  hand  ^ the  Bearer  late  last 
night.  I assure  you  there  is  no  thing  less  intended  by  this  Government 
than  to  make  any  encroachment  on  her  Majestys  Government  of  Vir- 
ginia so  that  if  any  Error  hath  been  Committed  by  any  of  the  Officers 
It  is  without  either  our  Knowledge  or  Direction.  I will  speedily  lay 
the  matter  before  her  Maj‘7’  Council  for  that  Province  and  with  their 
advice  will  take  all  necessary  care  in  this  affair  whereof  you  shall  have 
account  with  all  speed  from 

Sr  your  most  humble  servant 

W GLOVER. 


North  Carolina  December  10th  1706 

Honbl*  Sir 

The  shortness  of  the  time  between  the  receipt  of  your  Letter  and  the 
Time  appointed  for  the  Examining  of  the  Evidences  therein  mentioned 
together  with  the  badness  of  the  weather  hindered  our  having  some  per- 
sons at  the  times  and  places ; I therefore  desire  you  to  favour  me  with 
Copys  of  the  Depositions  that  were  taken  in  that  matter.  I have  also 
with  the  Advice  of  the  Council  thought  necessary  to  examine  some  of  our 
ancient  Inhabitants  on  the  same  questions  and  have  appointed  the  8th  of 
January  next  at  the  House  of  Edward  Moseley  Esqr  in  Chowan  where 
if  you  think  fitt  to  appoint  any  persons  to  be  present  they  shall  be  very 
kindly  recd.  If  not  I will  carefully  send  you  copies  of  the  depositions 
I am  Sr  your  humble  servant 

W GLOVER 


[Records  of  Perquimans  Precinct  Court.] 


Pequimins — ss  Att  a Court  held  att  the  House  of  Mr  Dennis  Mac- 


elendon  the  6th  day  of  Jan7  Anno  Dm  1705-6 

prsent 

Francis  Foster 
Captn  James  Coles 
The  Worpu  Willm  Bartliffe 
John  Stepney 
Dennis  M°lendon 


> Esq"  Justices 


78 


COLONIAL  RECORDS. 


650 


A Deed  of  Sale  from  Arthur  Carlton  to  Gilljert  Goodale  acknowl- 
edged in  Court  & ordered  to  be  recorded. 

A power  of  Attorney  from  Catharine  Carlton  to  Cap1  John  Stepney 
proved  in  Court  by  the  oath  of  Thomas  Snoden  & Ordered  to  In;  re- 
corded. 

Rebekah  Baily  ('omitted  & now  in  Custody  of  the  Marshall  for  the 
unlegally  receiving  Six  pair  of  Buttons  of  the  Estate  of  Mr  Thomas 
Peterson  of  A eertaine  Negroe  Woman  belonging  to  Willm  Glover  Esqr 
confesses  the  Same. 

Ordered  That  the  Sd  Rebeka  Baily  be  punished  by  receiving  five 
Strokes  on  her  bare  back  And  upon  the  Sd  Rebekah  Bailyes  Submis- 
sion. 

Ordered  that  she  be  remitted  from  the  abovesd  Order 

A Deed  of  Sale  from  Francis  Tomes  Sen  to  Thomas  Pierce  William 
Bogue  Isaac  Wilson  & Gabrieli  Nubv  acknowledged  in  Court  & Ordered 
to  be  recorded. 

A Deed  of  Sale  from  Francis  Tomes  Sen.  to  John  porter  Esqr 
acknowledged  in  Court  & Orderd  to  be  recorded. 

A power  of  Attorney  from  John  Porter  Esqr  to  Isaac  Wilson  p rov’d 
by  the  Oath  of  Caleb  Caleway  & Orderd  to  be  recorded. 

A Will  of  Joseph  Pierce  provd  bv  the  Subscripcons  of  Timothy 
Cleare  Thomas  Wensloe  Timothy  Wensloe. 

Isaac  Wilson  by  his  Subscription  proves  Rights  to  Twelve  Hundred 
acres  of  Land  by  the  Importation  of  Marv  Boatman  Eli/:  Boasman 
John  Morris  Rich4  Ruckman  Negroe  Phebe  Indian  Mall  Negroe  Patt 
Negro  Maria  James  White  2 Anne  Barker  George  Baits  2 my  wife  Re- 
bekah Ratcliffe  George  Rice  Rich4  Gove  Simon  Alderson  Joseph  Canerle 
Rich4  Turner  Wm  Barnstable  John  Hooks  Isaac  Ricks  & Abraham  Ricks. 

Upon  Peticon  of  Ralph  Boasman  praying  to  prove  Eight  Rights  is 
admitted  & proves  Rights  to  Four  Hundred  acres  of  Land  by  the  Im- 
portacon of  himselfe  3 times  for  his  wife  for  Eli/:  Boasman  & 3 times 
for  Sam1  Boasman. 

A Power  of  Attorney  from  John  Cartwright  to  Arnold  White  provd 
by  the  Oath  of  Arthur  Carlton  & Ordered  to  be  recorded. 

A Deed  of  Sale  from  Arnold  White  Attorney  of  John  Cartwright  to 
Arthur  Carlton  acknowledged  in  Court  A Ordered  to  be  recorded. 

Upon  Peticon  of  Sam1  Bond  praying  to  be  admitted  to  prove  Eight 
Rights  is  Admitted  & proves  Rights  to  Four  Hundred  acres  of  Land  by 
the  Importacon  of  Sam1. Bond  Eli/:  Bond  Mercy  Bond  Susannah  Bond 
Eliz:  Bond  Mathew  Potter  Sarah  Johnson  & Luke  Grace. 


COLONIAL  RECORDS. 


651 


Sam1  Charles  prsents  Nathaniel  Nicholson  overseer  of  the  High  Wayes 
in  his  Room  for  the  year  Ensuing, 

Orderd  That  he  be  thereunto  Impowered  by  A Warr‘  to  him  directed. 

Caleb  Caleway  prsents  John  Wyatt  overseer  of  the  High  wayes  in  his 
Room  for  the  year  Ensuinge, 

Orderd  that  he  be  thereunto  Impowered  by  A Warr*  to  him  directed. 

By  A Reference  from  the  last  Court  John  Hopkins  Comes  to  prosecute 
his  Suite  ag‘  Andrew  Rosse  A Richd  Leary  Exeeuf  of  the  last  will  A 
Testanf  of  Cornelius  Leary  Deced  in  A Plea  of  Debt  A Complaines  for 
four  pounds  A Ten  Shillings  in  Clean  Drest  fresh  Porke  And  John  Nor- 
com  Attorney  of  Richd  Leary  appeares  And  for  plea  Sayth  that  the  Bill 
is  not  provd  according  to  Law  A prayes  A Nonsuite  And  the  Sd  Bill 
being  provd  by  the  Oath  of  Thomas  Norcom, 

Orderd  That  Richd  Leary  Executr  Ac  pay  the  Slime  of  four  pounds  A 
ten  shillings  in  Clean  Drest  fresh  porke  with  Costs  als  Exo. 

An  Assignm4  of  A Deed  of  Sale  from  Arthur  Carlton  to  Gilbert  Good- 
ale  acknowledged  in  Court  A Orderd  to  be  recorded. 

Rich4  Davenport  Comes  to  prosecute  his  Suite  ag‘  Thomas  Clarke  in 
an  accon  upon  the  Case  A declares  tor  Three  pounds  Five  Shillings  A Six 
pence 

And  the  Def‘  by  Captn  James  Coles  his  friend  prayes  a Reference  to 
the  next  Court  which  is  granted. 

A Deed  of  Sale  from  John  Parrish  to  John  Nuby  acknowledged  in 
Court  & Orderd  to  be  recorded. 

Upon  Peticon  of  James  Nuby  praying  to  prove  Six  Rights  is  Admit- 
ted A proves  Rights  to  Three  Hundred  acres  of  Land  by  the  Importacon 
of  John  Nuby  Magdalen  Nuby  John  Nuby  Eli/:  Nubv  A James  Nuby 
2 A assignes  the  Same  in  open  Court  to  Isaac  Wilson. 

Upon  Peticon  of  Sam1  Bond  praying  to  prove  Three  Rights  is  admit- 
ted A proves  Rights  to  one  Hundred  A Fifty  acres  of  Land  by  the  Im- 
portacon of  Henry  Grace  James  Hurt  A William  Bruing,  A assignes  the 
Same  in  open  Court  to  Isaac  Wilson. 

Rich4  Houghton  Comes  to  prosecute  his  Suite  ag‘  Henry  Norman  in 
an  accon  upon  the  C'ase  A Complaines  for  Two  pounds  Seventeen  Shill- 
ings A Eight  pence  And  the  Def‘  Came  not  And  the  pl‘  prayes  an  At- 
tachm*  ag‘  the  Def‘s  Estate  which  is  Granted. 

Rich4  Houghton  produces  an  acc‘  ag‘  Henry  Norman  for  the  Slime  of 
Two  pounds  Seventeen  Shillings  A Eight  pence  A proves  tin1  Same  bv 
his  Oath. 


652 


COLONIAL  RECORDS. 


Richd  Houghton  produces  An  Acc*  ag'  Rich**  Leary  for  the  Sume  of 
Three1  pounds  <fe  Ten  Shillings  At  proves  tiie  Same  by  his  Oath 

FFRANCIS  FFOSTER 
.JAm  COLES 
WILLIAM  BARCLIFT 
JOHN  STEPNEY 
DENNIS  MACCLENDON 

Pequiminsss  Att  a Court  held  att  the  House  of  M”  Deborah  Mac- 
elendon  the  9th  Day  of  July  Anno  Dili  1706 
p'sent  The  Worp"  Captn  James  Coles 
Thomas  Long 
Josep  Sutten  Sen 
Willm  Long 

The  Courts  Commission  published  the  above  Members  take  & Sub- 
scribe to' the  Oaths  appointed  by  Law  upon  Peticon  of  Hannah  Maudlin 

Orderd  that  lres  of  Administration  be  Granted  to  the  Peticon1  as  near- 
est of  kin  to  the  Estate  of  Ezekiel  Maudlin  <£  that  the  same  be  apprised 
bv  Lawrence  Megue  Sam1  Phelps  Francis  Beesley  & Joseph  Sutten, 
Sutten  Jun  A that  an  Inventory  thereof  be  returnd  to  the  next  pVinet 
Court. 

A Deed  of  Sale  from  Francis  Wells  to  Gabriel  Nuby  & Orderd  to  be 
recorded. 

A Deed  of  Sale  from  David  Harris  to  Daniell  Jones  & Elizabeth  his 
wife  relinquishes  her  Right  of  Dower  to  the  land  specified  in  the  sd 
Deed. 

An  Assign m‘  of  a Deed  of  Sale  Acknowledged  in  Court  from  Tho: 
Snoden  to  John  Flowers  Jun. 

A power  of  Attorney  from  Constance  Snoden  to  Tho:  Snoden  provd 
by  oath  of  Willffi  Long. 

Thomas  Portis  arrested  to  answer  the  Compl'  of  John  Clarke  Attorney 
of  Rob'  Montfort  Attorney  of  Willfn  Bird  Esqr  for  the  sume  of  nyne 
pounds  by  Bill  and  the  pi'  came  not. 

Orderd  that  the  accon  be  dismist  & the  pi'  pay  Costs  als  Ex°. 

Upon  Peticon  of  James  Morgan  & Jane  his  wife 

Orderd  That  Nathaniel  Nicholson  be  one  of  the  apprisors  of  the  Estate 
of  John  Anderson  decd  in  the  stead  & room  of  Dennis  Macclendon  deed 

Thomas  Houghton  arrested  to  answer  the  Compl'  of  Francis  Beesley 
in  a Plea  of  the  Case  for  one  pound  two  shillings  & Six  Pence  by  acc' 
and  the  Def'  prayes  a reference  to  the  next  pVinet  which  is  Granted 

Orderd  that  Ralph  Boasman  be  Constable  for  the  year  Ensuing  A that 
he  be  att  the  next  pVinet  Court  to  take  the  Oaths  appointed  by  Law. 


Esq”  Justices 


COLONIAL  RECORDS. 


653 


Sara1  Phelps  prsents  John  Prieklove  Overseer  of  the  High  Waves  for 
the  year  Ensuinge. 

Ordercl  that  he  be  thereunto  Impowered  by  a warr*  to  him  directed. 

A Power  of  Attorney  from  Peter  Baudry  to  Thomas  Snoden  prov’d 
in  Court  by  the  Oath  of  Willm  Long  & Ordered  to  be  recorded. 

A Power  of  Attorney  from  John  Clarke  to  Thomas  Snoden  prov’d  by 
the  Oath  of  John  Falcon1, 

Orderd  That  John  Parish  Francis  Beesley  A Sam1  Phelps  be  packers 
for  this  p'einet  A that  they  be  Limitted  as  followeth  viz*  That 
John  Parish  be  packer  from  the  Head  of  Little  River  to  the  mouth 
thereof  & Soe  round  up  Pequimins  River  to  Lillyes  Creek  And  That 
Francis  Beesley  A Sam1  Phelps  be  packers  for  the  remainder  of  the 
p'einet  A that  the  aforesd  Packers  be  A repair  to  the  next  p'einet  Court 
& there  take  the  Packers  Oath  appointed  by  Law. 

Orderd  That  Sam1  Phelps  keep  the  Toll  Hooke  att  the  Head  of  Pe- 
quimins River  A that  he  be  & appear  att  the  next  p'einet  Court  to  take 
the  Oaths  appointed  by  Law. 

Orderd  that  this  Court  be  adjourned  till  the  2d  Tuesday  in  August 
next  Ensuinge  to  the  House  of  James  Thiekpen  in  Pequimins  River  A 
That  all  process  be  directed  thereto. 

JAm  COLES 
his 

THO:  1 LONG 
marke 
his 

JOSEPH  X SUTTEN 
marke 
his 

WILLffi  W LONG 
marke 


Pequimins  ss  att  a Court  held  att  the  House  of  James  Thiekpen  in 
Pequimins  River  the  8th  day  of  Octobr  Anno  Dili  1706 


prsent 


The  worp11  James  Coles 
John  Stepney 
Tho : Long 


Esq"  Justices 


Joseph  Sutten  Sen 
Willm  Long; 

o J 

Richd  Leary  Deputy  Marshall  of  this  p'einet  takes  A Subscribes  to  the 
Oaths  appointed  by  Law. 

Upon  Petition  of  Mr  James  Minge  praying  to  be  admitted  to  prove 
Rights  is  admitted  A proves  Rights  to  one  Thousand  Acres  of  Land  by 


COLONIAL  RECORDS. 


<04 


Importation  of  James  Minge  Six  times  Ruth  Minge  Thrice  Robin  A 
Negro  Four  times  Bob:  Sam:  Sue:  Jane:  & Doll  Sam  & \ Oil 

Richd  Turner  by  his  Subscription  proves  Rights  to  Four  Hundred 
f ifty  acres  of  Land  by  the  Importation  of  Richd  Turner  Thrice  his  wife 
Bridgett  Turner  William  Barnstable  '1  Elizabeth  Turner  John  Turner 
and  John  I looks. 

Hannah  Maudlin  Administratrix  of  the  Estate  of  Ezekiel  Maudlin 
deeed  produces  an  Inventory  of  the  Sd  Deceds  Estate  & in  Court  makes 
Oath  to  the  Same. 

Sam1  Charles  bv  his  Subscription  proves  Ru  to  Two  Hundred  acres  of 
Land  by  the  Importation  of  Charles  Scott  Marv  Scott  Eliz:  Scott  & Mary 
Scott 

A Deetl  of  Sale  from  Will™  White  & Anne  his  wife  to  Will”  Long 
Assignee  of  Peter  Baudry  acknowledged  in  Court  & Orderd  to  be  re- 
corded. 

Richd  Skinner  makes  oath  upon  the  Holy  Evangelist  that  he  Stands  in 
bodily  fear  of  a negro  call'1  Dick  belonging  to  Mns  Joannah  Jeferyes. 

Orderd  That  the  Marshall  take  into  his  custody  the  sd  Negro  Dick  un- 
till  the  sd  Joannah  Jetfereyes  become  bound  with  good  Security  for  the 
sd  negroes  good  abearance  to  all  her  Maties  Liege  people  & especially  to 
Richd  Skinner. 

Willm  Felts  makes  Oath  That  he  Stands  in  bodily  fear  of  A Negro 
Calld  Dick  belonginge  to  Mns  Joannah  Jefferyes. 

Orderd  that  the  marshall  take  into  his  Custody  the  Sd  Negro  Dick  un- 
till  Joannah  Jeferyes  shall  become  bound  with  good  & Sufficient  Security 
for  the  Sd  Negroes  good  abearance  to  all  her  Mat,es  Liege  people  & espe- 
cially to  Will™  Felts. 

A power  of  Attorney  from  Rob1  Douglass  & Anne  his  wife  to  Thomas 
Snoden  prov’d  in  Court  by  the  Oath  of  Will™  Long  & Orderd  to  be 
recorded 

A Deed  of  Sale  from  Rob1  Douglass  & Anne  his  wife  by  Tho : Snoden 
their  Attorney  unto  Edwd  Berry  acknowledged  & Orderd  to  be  recorded. 

A power  of  Attorney  from  Mary  Berry  to  Edwd  Berry  her  husband 
prov’d  by  the  Oath  of  Will™  Long  & Orderd  to  be  recorded. 

An  Assignin'1  of  A Deed  of  Sale  from  Edwd  Berry  to  Peter  Jones  ac- 
knowledged in  Court  & Orderd  to  be  recorded. 

And  Edwd  Berry  Attorney  of  Mary  his  wife  relinquishes  her  Right 
of  Dower  of  in  & to  the  Land  Specifyed  in  the  Sd  Deed 

An  Inventory  of  the  Estate  of  John  Anderson  dleced  prov’d  in  Court 
by  the  Oath  of  James  Morgan. 


COLONIAL  RECORDS. 


655 


Ralph  Boasman  appointed  Constable  in  this  prcinct  takes  the  Oath  ap- 
pointed by  Law. 

Elizabeth  Fitz  Garrett  convict  before  this  Court  of  the  Breach  of  an 
Act  of  Assembly  Intitled  Serv*  women  having  bastard  children  for  that 
she  the  sd  Elizabeth  being  Serv*  to  Thomas  Speight  hath  in  her  Servitude 
a Bastard  Child  born  of  her  Body,  contrary  to  the  tenr  of  the  Sd  Act  & 
the  Sd  Elizabeth  Confeses  the  Information. 

Orderd  That  the  sd  Elizabeth  Fitzgarrett  Serve  Thomas  Speight  two 
yeares  over  & above  the  time  she  is  to  Serve  according  to  the  Tenr  of  the 
sd  act  of  Assembly. 

Ordered  that  an  Infant  not  baptised  begotten  by  John  Morly  upon  the 
Body  of  Elizabeth  Fitz  Garrett  Serve  Thomas  Speight  his  ITeires  & as- 
signes  for  & during  & until  he  shall  attain  to  the  Age  of  Twenty  one 
yeares. 

Francis  Beesley  by  a Reference  from  the  last  Court  comes  to  prosecute 
his  Suite  ag*  Thomas  Houghton  for  the  Sumo  of  Twenty  two  Shillings 
& Six  pence  and  the  Def*  came  not  and  the  pi*  proves  his  ace1  bv  his 
Oath. 

Ordered  that  Thomas  Houghton  pay  to  Francis  Beesley  the  Snme  of 
Twenty  two  Shillings  & Six  pence  with  Costs  als  Exo. 

Upon  Peticon  of  Sam1  Phelps, 

Orderd  That  Francis  Beesley  pay  to  Sam1  Phelps  the  Sume  of  Five 
Shillings  as  Evidence  for  bis  attendance  in  behalfeof  the  Sd  Francis  ag‘ 
Thomas  Houghton. 

Sam1  Herat  comes  to  prosecute  his  Suite  ag*  John  Flowers  Jun  for  the 
Sume  of  Twenty  five  Shillings  And  the  Def*  Came  not. 

And  the  pi*  p raves  an  Order  ag*  the  Marshall. 

Orderd  that  the  Marshall  have  the  Body  of  the  Sd  John  Flowers  Jun 
to  the  next  pYinet  Court  als  Judin*  to  be  Confirmed  ag*  the  Marshall 

Riehd  Lerrv  Marshall  prays  an  Attaehm*  ag*  the  Estate  of  John 
Flowers  Jun  which  is  granted. 

John  Hopkins  Comes  to  prosecute  his  Suite  ag*  Thomas  Houghton  in 
A plea  of  Debt  & Com plaines  for  the  Sume  of  three  pounds  four  Shil- 
lings & Seven  pence  in  good  Merchantable  fresh  porke  by  Bill  And  the 
Def*  Came  not 

And  the  pi*  prayes  an  Attaehm*  ag*  the  Def**  Estate  which  is  granted. 

John  Hopkins  comes  to  prosecute  his  Suite  ag*  Thomas  Houghton  in 
A plea  of  the  Case  & Complaines  for  the  Sume  of  Three  pounds  Xync 
Shilling  & four  pence  by  ace*  And  the  Def*  Came  not  Vnd  the  pi*  prayes 
an  Attaehm*  ag*  the  Deft’  Estate  which  is  Granted. 


COLONIAL  RECORDS. 


656 

A Bill  from  Thomas  Houghton  to  John  Hopkins  for  the  Some  of 
Three  pounds  four  Shillings  A Seven  pence  prov’d  by  the  Oaths  of  Tho : 
Snoden  A John  Bennett. 

John  Hopkins  produces  an  acc*  ag‘ Thomas  Houghton  for  the  Sunie 
of  Three  pounds  three  Shillings  A three  pence  & proves  the  same  by  his 
Oath. 

Riehd  Davenport  Comes  to  this  Court  A Saitli  he  is  Justly  Indebted 
unto  Tho:  Snoden  Sen  the  full  A Just  Some  of  Twenty  Six  Shillings  A 
Eight  pence  and  Confesses  judgin'  for  the  Same. 

Orderd  That  Richd  Davenport  pay  unto  Tho:  Snoden  Sen  the  some 
of  Twenty  Six  Shilling  A Eight  pence  with  Costs  of  suite  als  Exo. 

Ordered  that  Thomas  Norcom  be  overseer  of  the  High  ways  in  the 
Room  of  Henry  Norman  A that  lie  be  thereunto  Impowered  by  a warr‘ 
to  him  directed. 

Ordered  That  James  Morgan  Jun  be  Overseer  of  the  High  wayes  in 
the  Room  of  Walter  Tanner  A that  he  be  Impowered  thereto  by  a warr‘ 
to  him  directed. 

* 

Sam1  Phelps  A Francis  Beesley  appointed  Packers  for  this  prcinct 
refuse  to  take  the  Oath  appointed  by  Law. 

Sam1  Phelps  appointed  keeper  of  the  Toll  Booke  for  the  p'cinct  of 
pequimins  takes  the  Oath  appointed  by  Law. 

Orderd  That  Edwd  Wilson  be  constable  in  the  Room  of  John  Dav- 
enport for  the  year  Ensuinge. 

JOS:  f SUTTEN  SEN  JA”  COLES 

marke 

WILLm'w  LONG  JOHN  STEPNEY 

marke 

his 

THO:  I LONG 

marke 


[From  the  MSS.  Records  of  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a Monthly  Meeting  the  4th  of  5th  Month  1706  at  ye  House  of  Ca- 
leb Bundy,  the  sd  Caleb  Bundy  requested  the  approbation  of  the  Said 
Meeting  Concerning  the  Building  of  a Meeting  House  between  his  House 
and  William  Brothers’s  Creek  to  which  Friends  unanimously  agreed  that 
it  should  be  left  to  the  Diseression  of  the  afsd  Caleb  Bundy  Stephen  Scott 
A Henry  Keton  to  choose  a proper  place  and  also  to  go  through  with  the 
Building  of  the  said  Meeting  House 


COL( ) N I A L R ECO R DS. 


<>57 


1707. 

fB.  P.  R.  0.  B.  T.  Va.  58.] 


To  \Vm  Glover  Esq1-  Virginia  January  4th  170f 

Sir. 

I have  just  now  received  yours  of  the  10th  of  last  month  and  should 
have  been  glad  to  have  sent  you  the  Copes  of  the  Depositions  desired  but 
they  are  not  yet  returned  to  the  Council  Office.  Time  is  now  so  short 
that  it  is  impossible  for  me  to  send  proper  persons  to  attend  at  the  Ex- 
aminations of  your  Evidences  which  you  say  i~  to  Ik-  the  10th  instant. 
And  therefore  I doubt  not  you  will  let  me  have  a copy  of  their  Deposi- 
tions with  your  convenience  and  after  the  next  meeting  of  Council  (when 
I expect  to  have  the  Depositions  of  our  Evidences  returned)  I shall 
endeavour  to  answer  your  desire  more  fully  in  Relation  to  them.  I am 
Sr  your  most  humble  Servant 

E JENINGS. 


[B.  P.  R.  O.  B.  T.  Va.  58.] 


LETTER  TO  THE  VIRGINIA  COUNCIL 

North  Carolina  June  17th  1707 

Honbl*  Gent : 

We  received  yours  containing  the  complaints  of  the  Maherine  Indians 
pretending  encroachments  made  on  them  by  the  Inhabitants  of  this  Gov- 
ernment &c  Upon  consideration  of  which  we  thought  we  could  not  l>etter 
answer  yours  than  by  sending  you  the  true  state  of  that  matter  being 
always  as  willing  to  give  all  reasonable  satisfaction  concerning  our  proceed- 
ings  as  Zealous  to  assert  the  undoubted  Right  of  the  Lords  proprietors 
and  her  Majestvs  Subjects  of  this  Governments  Of  a long  time  before 
the  memory  of  man  the  Lands  on  the  Southside  of  that  River  which  is 
now  called  Maherine  were  in  the  Rightfull  possession  of  the  Chowanoake 
Indians  by  Virtue  of  a Grant  from  the  Yawpin  Indians  and  no  other 
Indians  (as  plainly  appears  by  successive  accounts  of  that  Nation  by 
Original  Writings  and  undoubted  evidences)  has  had  any  Right  to  any 
Land  there  to  this  day  and  when  first  the  Lords  Proprietors  of  Carolina 
79 


COLONIAL  RECORDS. 


fio8 


by  Virtue  of  their  Charter  from  his  late  Majesty  King  Charles  the  2rt 
took  possession  of  this  province  that  nation  submitted  themselves  to  the 
Crown  of  England  under  the  Dominion  of  the  Lords  proprietors  and 
continued  peaceably  till  about  the  year  1675  about  which  time  bv  incite- 
ments of  the  Rebelious  Indians  of  Virginia  who  Hed  to  them  they  com- 
mitted hostility  upon  the  Inhabitants  of  this  Government  in  Violation 
of  their  Treaty  Whereupon  by  virtue  of  the  Authority  for  making  peace 
and  Warr  granted  to  the  Lords  proprietors  by  their  Charter,  open  war 
was  made  upon  the  said  Indians  in  prosecution  whereof  (by  Gods  assist- 
ance though  not  without  the  loss  of  many  men)  they  were  wholly  sub- 
dued and  had  Land  for  their  habitation  assigned  them  where  they 
remained  to  this  day  so  that  all  the  tract  of  Land  on  the  Southside  of 
the  Maherine  River  was  at  that  Time  resigned  into  the  immediate  pos- 
session of  the  Lords  Proprietors  of  Carolina  as  of  their  province  of  Car- 
olina and  has  been  peaceably  by  them  held  without  any  Claime  now 
thirty  vears  dui’ing  which  Time  the  Maherine  Indians  removing  them- 
selves  from  their  ancient  place  of  habitation  (where  by  Virtue  of  a 
Treaty  with  Commissioners  appointed  by  his  late  Majtv  King  Charles  2nd 
they  were  settled)  placed  themselves  at  the  mouth  of  the  Maherine 
River  on  the  North  side  and  a great  part  of  the  Tract  of  Land 
on  the  southside  lyeing  wast  some  of  their  straglers  planted  corne 
and  built  Cabbins  on  the  Chowanacke  old  fields  and  continued  more 
and  more  to  make  their  Incroachments  till  they  became  an  Intoler- 
able annoyance  to  her  Majesty s subjects  Commiting  Repeated  Injurvs 
upon  their  stocks  and  makeing  frequent  affrays  upon  their  persons  as  tar 
as  Moratuck  River  for  the  necessary  Redressing  of  which  growing  In- 
croachments and  preventing  worse  mischiefs  which  is  daily  threatened 
and  Reasonably  feared,  the  Government  here  (and  which  was  the  least 
that  they  in  discharge  of  their  duty  could  do)  held  a treaty  with  the 
Chiefs  of  the  said  Indians  and  instead  of  insisting  upon  satisfaction  for 
the  wrongs  already  done  were  content  to  make  only  necessary  provision 
for  the  security  of  her  Majesty’s  subjects  for  the  future.  In  order  to 
which  it  was  concluded  that  the  stragling  and  vagrant  Indians  of  that 
Nation  should  remove  to  their  town  on  the  North  side  of  the  River  that 
towne  they  should  peaceably  enjoy  for  a certaine  tribute  which  was  as  we 
believe  the  first  title  that  ever  they  had  to  it  for  their  treaty  with  the 
Comm”  aforementioned  gives  them  no  more  right  to  the  Land  whereon 
they  now  dwell  than  it  would  do  to  Land  on  the  Northside  Potomaek  or 
the  southside  of  Cape  Feare  if  they  should  remove  themselves  to  either 
of  those  places  : and  it  seems  to  tis  vet  more  advisable  and  would  tend 


COLONIAL  RECORDS. 


659 


more  to  her  Majesty  s service  and  present  settlement  as  well  of'  Virg* 
as  of  this  Province  that  they  in  force  of  their  said  treaty  and  for  preserv- 
ing of  their  Right  to  their  Majesty’s  protection  hy  virtue  of  it  should  he 
compelled  to  return  to  the  place  of  their  former  habitation,  than  that  they 
should  be  suffered  to  possess  the  mouth  of  a navigable  River  considering 
how  they  have  hitherto  behaved  themselves  which  we  seriously  Recom- 
mend to  your  Consideration  noe  need  to  Relate  to  you  our  Reasons  for 
makeing  the  Maherine  River  the  bounds  who  are  all  very  well  acquainted 
with  y®  Indians  planting  Corne  without  fence  so  that  no  English  (tan  seate 
near  them  without  danger  of  trespassing  by  their  Cattle  and  Horses  and 
which  y®  Indians  and  especially  that  Nation  are  very  ready  to  Revenge 
without  measure,  so  that  the  Question  is  not  between  the  Right  of  Lewis 
Williams  and  ye  Maherine  Nation  but  whether  near  a hundred  familys 
of  her  Majty’s  subjects  of  Carolina  should  be  disseased  of  their  freehold 
to  lett  a few  vagrant  and  Insolent  Indians  rove  where  they  please  with- 
out any  Right,  and  Contrary  to  their  Agreement  besides  we  have  always 
thought  it  necessary  that  the  Indians  should  live  together  in  towns  where 
all  their  young  men  may  be  under  the  immediate  inspection  of  their  own 
Govern"  to  prevent  their  private  mischiefs  that  may  be  more  easily  done 
and  concealed  in  single  and  separate  familys  Your  proposition  concern- 
ing further  settlement  We  in  all  friendship  reed,  but  because  of  the  un- 
certainty we  could  not  proceed  to  make  any  order  or  proposition  in  an- 
swer to  it  till  by  the  Copys  of  the  Depositions  to  betaken  on  your  behalf 
which  we  hoped  to  receive  we  might  have  certain  Information  how  far 
the  Contraverted  Grounds  was  extended  to  us  ward  we  knowing;  no 
bounds  to  Carolina  but  Wevanoake  River  till  further  informed  intend- 
ing no  further  to  enter  into  that  Controversie  but  only  to  Represent  the 
Case  to  the  Lords  Proprietors  in  order  to  their  laying  it  before  her  sacred 
Majesty  Seeing  no  cause  to  doubt  of  the  success  in  so  clear  a Case.  To 
this  we  add  that  Lewis  Williams  can’t  be  called  any  new  settlement  for 
he  had  Right  to  that  Land  some  veares  agoe  And  he  has  been  hindered 
settleing  by  those  Indians  who  have  dallved  with  this  Government  from 
time  to  time  bv  promise  to  Depart  and  at  last  being  called  to  shew  reason 
of  their  Delay  they  only  could  alledge  that  they  had  cleared  some  ground 
for  which  they  desired  satisfaction  and  Williams  being  willing  to  be  in 
peaceable  possession  of  his  Land  at  any  Rate  Condisended  to  pay  them 
a horse  and  fifteen  bushells  of  corne  which  was  all  they  at  that  time  de- 
sired A the  Greatest  part  they  have  received  and  ye  Remainder  has  been 
tendered  but  upon  their  Return  from  Virginia  they  have  Refused  to  re- 
ceive the  Remaining  part  and  made  a barbarous  assault  upon  him  in  his 


660 


COLONIAL  RECORDS. 


own  house  so  that  his  Life  is  doubted  of  and  his  family  in  Danger  of 
further  trouble  from  which  we  believe  it  our  Duty  to  rescue  him  for  we 
can’t  interprett  vour  Propositions  to  mean  that  in  the  mean  time  any  of 
her  Majesty's  subjects  should  be  left  to  the  merciless  insults  of  savage 
people  but  that  every  one  in  the  Respective  Governments  as  they  are  now 
deemed  should  quietly  enjoy  their  property's  till  the  matter  be  determined 
to  which  we  readily  assent  and  as  soon  as  we  know  how  far  you  do 
claime  shall  take  all  necessary  order  in  it 

We  have  sent  you  inclosed  Copys  of  such  Depositions  as  we  have 
takeif  relateing  to  the  bounds  and  desire  you  will  send  us  those  that  have 
been  taken  by  you  according  to  your  promise.  We  are 

Your  humble  servants 
EDWARD  MOSEL Y W GLOVER 

FRAN:  FOSTER  SAMUEL  SWANN 

North  Carolina  ss. 

Before  me  Edward  Moselv  Esqr  ±>ne  of  the  members  of  the  Council 
and  Authorised  to  take  the  Depositions  of  certain  persons  relateing  to  the 
boundary's  of  this  Government  Personally  Came  and  appeared  Charles 
Merritt  aged  fifty  five  years  or  thereabouts,  M ho  on  his  Oath  on  the 
Holy  Evangelists  taken  saith  that  he  Came  into  Virginia  in  or  about  the 
year  1666.  And  lived  about  twenty  yeares  on  the  south  side  James  River 
and  then  lived  on  A Plantation  of  Coll0  Benjamin  Harrisson  on  Blaok- 
water  and  within  call  of  the  Weyanoake  Indian  Forte  and  consumed 
there  five  yeares  during  which  time  this  Deponent  had  frequent  Discourses 
with  the  Indians  and  was  by  them  informed  that  they  never  Claimed  to 
the  Southward  of  the  Maherine  River  But  at  the  time  that  the  Appachou- 
kanough  was  Routed  and  taken  for  the  Massacre  he  had  committed  the 
Weyanoakes  (being  his  Confederates  and  fearing  the  English)  removed 
themselves  from  that  place  which  is  noyv  called  Weyanoake  in  James 
River  to  Warraekeeks  on  Weyanoake  River  and  after  yvhen  the  Poackyaeks 
killed  their  King  they  were  bv  the  English  brought  from  thence  and 
placed  on  the  Blackwater  aforementioned  as  Tributary's,  where  this  De- 
ponent lived  by  them  and  this  Deponent  further  saith  that  he  yvas  in- 
formed by  the  Weyanoaks  that  the  Weyanoke  River  noyv  Called  Notto- 
way  yvas  their  bounds  and  that  they  never  Seated  to  the  Southward  of 
Warr-a-keeks 

Capt  at  Jurat  Duodecimo  the  mark  of 

die  Janv  Anno  Domi  1707  CHARLES  P MERRITT. 

Coram  me  Edwd  Moseley 


COLONIAL  RECORDS. 


661 


North  Carolina  ss. 

Before  me  Edward  Moseley  Esqr  one  of  the  members  of  the  Council 
and  being  authorised  to  take  the  Depositions  of  Certain  persons  Relate- 
ing  to  the  boundarys  of  the  Government  personally  came  and  appeared 
John  Smyth  aged  sixty  two  yeares  or  thereabouts  borne  in  Newport 
Parish  in  the  Isle  of  Wight  Couty  ab‘  fourteen  miles  from  Blackwater 
River  who  on  his  Oath  on  the  holy  evangelists  taken  saith  that  he  lived  in 
Newport  parish  till  the  year  one  thousand  six  hundred  seventy  three  or 
thereabouts  at  which  time  this  Deponent  came  and  lived  about  five  miles 
off  Blaokwater  and  about  thirty  miles  off"  Weyanoake  River  which  was 
always  in  this  Deponents  memory  Known  to  be  the  first  River  on  the 
Right  hand  as  von  go  down  Blackwater  till  within  these  twenty  years  or 
thereabout  the  Nottoways  comeing  to  live  nearer  the  River  than  they 
used  to  do  and  the  Wevanoakes  being  all  declined  it  Gained  the  name  of 
Nottoway  and  this  Deponent  further  saith  that  he  never  knew  or  heard 
of’  any  other  River  that  was  Called  Weyanoak  except  the  abovesaid  by 
the  Virginians  latelv  Called  Nottowav 

J NO  SMYTH 

Capt  and  Jurat  Vicessimo 
primo  die  Januar  anno  1707 

Coram  me  Er>wd  Moseley 

North  Carolina  ss. 

Before  me  Edward  Moseley  Esqr  one  of  the  members  of  the  Council 
and  being  Authorized  to  take  the  Depositions  of  Certain  persons  relateing 
to  the  boundarys  of  this  Government,  personally  Came  and  appeared 
Rich1’  Booth  aged  sixty  three  years  or  thereabouts  who  on  his  Oath  on 
the  Holy  Evangelists  taken  saith  that  in  or  about  the  year  1661  this  De- 
ponent came  into  Virginia  and  served  Major  Merritt  six  years  (who  then 
lived  about  Twenty  miles  from  the  Weyanoake  Indian  Town  the  Weva- 
noks  living  very  near  a plantation  that  now  belongs  to  Coll"  Harrison 
betwixt  Blackwater  River  & Weyanoake  River  which  Weyanoake  River 
by  reason  of  the  Declension  of  the  Weyanoake  Indians  and  the  Notto- 
way Indians  removing  nigher  to  it  has  since  in  this  Deponents  memory 
gained  the  name  of  Nottoway  River  by  the  Virginians)  And  this  Depo- 
nent further  saith  that  in  the  year  1667  he  being  employed  by  one  Wil- 
liam West  to  go  in  a Canoe  with  Certain  goods  &e  to  the  Maherine  In- 
dian Towns  one  Jno  Browne  and  a certain  Weyanoake  Indian  called 
Tom  Frusman  being  in  the  Canoe  with  him  as  they  went  down  Black- 
water River  this  Deponent  then  being  a Stranger  in  those  parts  anv  other 
than  by  hearesav  enquired  what  river  that  was  they  first  mett  with  on 


COLONIAL'  RECORDS. 


662 


their  Right  Hand  they  answered  it  was  Weyanoake  and  Opposite  to  the 
Rivers  mouth  was  a field  belonging  -to  the  Weyanoakes  it  being  then 
about  one  of  the  Clock  in  the  afternoon  this  Deponent  enquired  how  far 
it  was  to  Maherine  River  they  answered  they  should  gett  there  before 
sun  down  which  they  did  accordingly  whereby  this  Deponent  Computed 
it  was  about  thirteen  miles  by  Water  and  this  Deponent  further  saith  that 
he  never  understood  that  the  Weyanoake  Indians  ever  lived  to  the  South- 
ward of  that  River 

Capt  et  Jurat  Decimo  RICHd  BOOTH, 

die  Januai0'  Anno  1707 

Coram  me  Edward  Mosely 


North  Carolina  ss. 

Before  me  Edward  Moseley  Esqr  one  of  the  Council  and  being  author- 
ized to  take  the  Depositions  of  Certain  persons  relateing  to  the  boundarys 
of  this  Government. 

Personally  Came  and  appeared  Jno  Browne  aged  sixty  eight  yeares  or 
thereabouts  why  on  his  Oath  on  y®  holy  evangelist  taken  saith  that  in 
the  year  1659  or  60  he  this  Deponent  came  into  Virginia  and  lived  in 
Henrico  County  some  years  and  then  came  to  live  on  Blackwater  River 
and  that  at  that  time  this  Deponent  understood  and  was  informed  that  the 
first  River  (as  they  went  down)  on  the  Right  hand  was  Weyanoake  River 
And  this  Deponent  further  saith  that  he  never  beared  it  called  bv  anv 
other  name  till  severall  years  after  when  the  Weyanoakes  declining  and 
the  Nottowavs  removing  nearer  the  River,  and  he  this  Deponent  with 
severall  others  usually  going  to  the  Nottowavs  to  fish  first  gave  it  the 
Generali  name  of  Nottoway  And  this  Deponent  saith  that  at  the  mouth 
of  the  said  river  there  is  an  old  field  Known  at  this  day  by  the  name  of 
Weyanoake  neck  And  this  Deponent  further  saith  that  he  never  knew 
that  the  Weyanoake  Indians  ever  lived  lower  than  that  River. 

Capt  et  Jurat  Decimo  JNO  BROWNE 

die  Januar  Anno  1707 

Coram  me  EDWd  Moseley 

North  Carolina  ss. 

Before  me  Edward  Moseley  Esqr  one  of  the  members  of  the  Council 
and  being  authorized  to  take  the  Deposition  of  certain  persons  relating 
to  the  boundarys  of  this  Government.  Personally  came  and  appeared 
William  Brush  aged  sixty  fivt* 'years  or  thereabouts  who  on  his  Oath  ac- 
cording to  the  forme  of  his  profession  taken  saith  that  in  or  about  the 
year  one  thousand  six  hundred  and  fiftv  eigdit  or  fiftv  nine  he  this  De- 


COLONIAL  RECORDS. 


663 


ponent  came  into  Virginia  an<l  lived  twenty  yeares  or  thereabout  within 
sixteen  miles  or  thereabouts  off  Weyanoake  River  and  about  fifteen  years 
more  within  twelve  miles  of  Weyanoake  River  being  the  first  River  on 
the  Right  hand  as  you  go  down  Black  water  River  and  about  twelve  miles 
above  Maherine  River  During  the  Major  part  of  which  time  the  Depo- 
nent never  heard  it  go  by  any  other  name  than  Weyanoake  and  this  De- 
ponent further  saith  that  about  twelve  years  agoe  (one  of  this  Deponents 
Neighbours)  Nathan  King  took  up  a peice  of  Land  lyeing  opposite  to 
the  mouth  of  the  said  River  which  Land  was  Commonly  said  bv  the 
neighbours  to  lye  at  the  mouth  of  Weyanoake  River  to  distinguish  it 
from  other  Land  the  said  Nathan  had  and  this  Deponent  further  saith 
that  he  never  knew  or  heard  of  any  other  Weyanoke  River  than  that 
aforementioned  and  which  by  the  Virginians  has  lately  been  called  Not- 
toway by  Reason  the  Nottoway  Indians  having  of  late  been  the  chief 
dwellers  near  it 

Capt  et  Jurat  Vicesimo 
primo  die  Januar  Anno  1707 

coram  me  Er>wd  Moseley 
September  the  15th  1707 


[B.  P.  R.  O.  B.  T.  Proprietors.  Vol.  9.  r.  2. — Extracts.] 


ROB1  HOLDEN  TO  THE  LORDS  OF  TRADE 

London  May  21:  1707. 

May  it  please  Your  Lord1’* 

* * * * 

According  to  your  Ldships  desire  1 shall  touch  a little  upon  Carolina. 
It  has  two  plantations  North  and  South  Carolina.  The  North  in  which 
I have  been  in  and  lived  some  time  there  ; has  barrd  Inlets  into  It ; which 
spoyles  the  trade  of  it  and  none  but  small  vessel  Is  from  New  England 
and  Bermoodas  trades  there,  the  sovle  is  more  lusty  than  South  Carolina 
It  produceth  Tobacco : Indian  Conic;  English  Wheat  in  abundance 
Beef;  porkc  ; hides  ; Tarr  A so  consequently  pitch  Furs  as  Beaver;  Otter; 
Fox  and  wild  cat  skins;  deare  skins  ; Tannd  Lether  fallow  &v  for  druggs 
rabbex  serpentarius : saxafrax  calamus  aramaticus  assarebecca  capillus 
ventris  polypodium  quercus  &<• 

South  Carolina ; has  good  Inlets;  particularly  port  royal  1 so  good  as 
the  Navy  royall  of  great  Britton;  may  enter  safely  and  harbour  there  It 


COLONIAL  RECORDS. 


(i«4 


produceth  Rice;  silk  and  Tobacco;  sundry  sortcs  of  skins  and  Furrs  as 
Neat  hides  Deare  skins  the  Mexico  tanrus;  Beaver;  otter;  Fox  Wild 
catt  &c  Tannd  Lether  porke  & Beef  in  abundance  in  so  much  as  her 
Majt,e  ship8  of  Warr  arc  victualled  with  It  at  Jamaica  and  in  the  Caribee 
Islands  Tallow  all  sortcs  of  pulse  Tarr  pitch  Clapbordc  Cedarwood  and 
all  provision  in  such  extraordinary  plenty  that  they  are  able  to  furnish 
all  at  the  Island  plantations  with  victuals.  The  Towne  of  Trade  stronglv 
fortified  well  planted  round  with  ordinance  and  all  things  provided  for 
its  defence  Good  force  both  horse  and  foot  can  be  raised  to  offend  an 
enemy;  as  well  as  defend  itselfe  at  any  time  as  latelv  appeared  bv  that 
Noble  defence  it  made  by  S1'  Nathaniel  Johnson  the  (Jovornonr.  and  the 
growth  of  the  Collony  ; which  made  it  become  so  great  (as  this  warr  to 
be  able  to  attack  St  Augustine  one  of  the  oldest  fortification  the  Span- 
iards has  in  America  and  allwav  kept  Garrisoned  and  had  certainly  carvd 
It  being  Master  of  all  the  Country  had  they  had  any  bombs  or  great 
guns.  And  after  marched  some  hundred  of  miles  to  Apolaeka  Town 
subdued  It  and  brought  away  several  prisoners  with  considerable  booty 
And  a great  number  of  Indians  friendly  went  & came  alone  with  them 
in  this  expedition  I say  the  powerfullness  riss  from  the  timely  supply’ 
the  Ld8  proprietors  upon  the  forst  settlement  of  it  sent  thither  for  I 
found  them  so  devoted  to  it  and  in  love  with  it  all  of  them  and  most 
especially  the  late  farmer  Earl  of  Shaftesbury  that  which  in  particular 
expenses  of  settling  there  own  plantations  as  in  conjunct  stock  for  sup- 
plying all  the  planters  forst  and  last  amounted  to  above  thirty  thousand 
pounds  as  it  was  computed  and  now  reckoned  one  of  the  best  plantations 
belonging  to  the  Empire  of-  great  Britton  I humbly  pray  yr  Ld8hip  will 
be  pleased  to  give  me  all  the  dispatch  as  possible  in  getting  her  Majt,e* 
approbation  my  suretys  are  ready  to  attend  yr  Ld8h,,>s  commands  and  I 
am  with  all  humility  Mv  Lords 

Your  Ldships  most  obedient  servant 

ROB1  HOLDEN 


[B.  P.  R.  O.  B.  T.  Maryland.  Vol:  5.  H.  41.] 


COL:  SEYMOUR  TO  THE  LORDS  OF  TRADE. 


(Extract.) 


10  June  1707. 

My  Lords  & R‘  honble  Gentlemen 

* * * * * * * 

I have  sent  a Sloope  well  mann’d  to  North  Carolina  to  demand  some 
persons  who  have  fledd  hence  from  Justice,  and  to  learne  what  Law  is 


COLONIAL  RECORDS. 


055 


made  there  to  harbour  others  from  paying  their  just  debts  which  has 
occasioned  great  numbers  to  flye  from  this  Province  thither  to  the  great 
detriment  of  Merchants  in  England  and  cheating  the  honest  well  mean- 
ing people  of  this  Country,  for  if  they  have  as  I am  informed  made  a 
law  there  to  protect  any  person  from  being  sued  during  five  years.  It 
will  give  a handle  to  many  knavish  people  to  gaine  large  creditt  and  run 
thither  to  defraud  their  just  creditors,  and  not  only  tend  to  the  lessening 
the  number  of  taxable  people  here,  but  to  the  depopulating  her  Majtie8 
more  usefull  adjacent  Colonys  and  Plantations.  And  now  as  our  Poverty 
increases  so  fresh  villanys  are  carrved  on  entirely  to  subvert  the  Govern- 
ment ; When  I have  their  answer  I will  transmitt  it  to  your  honble  Board, 
and  doubt  not  that  your  Lords1’8  will  find  out  an  Expedient  to  have  this 
pernicious  practice  stopt,  otherwise  many  persons  will  go  to  North  Caro- 
lina and  her  Majtys  Revenue  hence  be  suncke  to  a Scantling. 

* * * * * * * * 

My  Lords,  your  Lords1*1’5  most  obedient  faithfull  humble  servant 

JO:  SEYMOUR. 


[From  the  MSS.  Records  ok  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a monthly  meeting  held  at  the  house  of  Caleb  Bundy  the  13th  of 
ve  first  Mon1  170^  The  friends  met  at  said  meeting  proceeding  upon  bus- 
iness makes  choice  of  James  Daws  Henry  Keton,  Stephen  Scott  John 
Symons  & Edward  Mayo  to  give  their  attendance  at  the  yearly  and 
Quarterly  Meetings  of  any  business  that  friends  shall  require.  Also 
Jeremiah  Symons  and  Caleb  Bundy  to  represent  the  state  of  our  monthly 
Meeting  to  the  Yearly  and  Quarterly  Meetings. 


[B.  P R.  O.  B.  T.  Maryland  Vol:  5.  H.  45.] 

COLL:  SEYMOUR  TO  THE  LORDS  OF  TRADE. 

August  16th  1707. 

May  it  please  your  Lordships 

My  last  to  your  honw*  Board  was  of  the  10th  of  June  last  bv  Cap* 
Edward  Ratchbald  in  the  Elizabeth  of  Liverpoole  which  1 hope  ere  this 
has  had  the  good  fortune  to  Kiss  your  handes,  and  having  therein  ac- 
80 


COLONIAL  RECORDS. 


666 


q uainted  your  Lordships,  that  the  Proprietary  Government  of  North  Car- 
olina had  made  an  Act  of  Assembly  which  seemed  to  lx;  of  pernicious 
consequence  to  this  her  Maty*  more  usefull  Plantation  of  Maryland,  I 
have  since  taken  care  to  procure  a Copy  of  it,  which  herewith  I presume 
to  inclose  to  vour  Lordsp*  and  cannot  doubt  but  you  will  be  of  opinion, 
the  Encouragement  & Protection  therein  given  to  the  people  of  this 
Province  (the  generality  whereof  are  much  indebted  to  ve  Merchte  in 
England  & others,  & can  have  no  such  Expectation  of  protection  here) 
is  an  extraordinary  inducement  to  them  to  desert  their  Plantations  and 
Cropps  here  and  withdraw  themselves  where  they  may  live  so  many 
years  undisturbed  which  will  not  a little  conduce  to  the  lessening  her 
Majtys  Revenue  of  tobaccos,  if  not  tymely  prevented  by  your  Lordships 
wisdome,  for  I assure  your  Lordships  many  persons  from  this  Province 
with  their  whole  familys  are  of  late  years  removed  thither,  and  purely 
on  that  Score. 

My  Lords  at  the  same  time  when  I lay  this,  I can  but  think,  neces- 
sary as  well  as  true  Representation  before  your  honoble  Board,  I must  not 
omitt  doing  the  Government  of  Carolina  the  Justice  to  informe  your 
Lord'1”  that  upon  my  application  and  sending  a Sloope  in  Quest  of  Rich- 
ard Clarke  and  his  accomplices,  those  notorious  disturbers  of  this  her 
Majties  Government  here,  the  Deputy  Govr  and  the  whole  country  exp  rest 
their  utmost  Resentment  against  those  Villains  as  well  in  words  as  ac- 
tions by  endeavouring  to  take  Clarke  and  actually  surrendering  to  the 
person  1 sent  on  this  occasion,  two  of  his  associates  Daniel  Wells  & 
Charles  Harrison  who  accompanied  him  thither  and  are  now  both  in  safe 
custody  in  this  Province. 

Upon  Richard  Clarkes  first  going  to  Carolina  he  called  himself  by  the 
name  of  Robert  Garrett;  saying  he  was  Sr  Nathaniel  Johnson’s  nephew, 

pretended  to  be  a Quaker,  since  which  upon  his  return  to  this  Pro- 
vince where  he  now  is  concealed  and  harboured  by  many  of  his  Friends 
he  lias  wrote  severall  Letters  to  me  under  a Quaker  stile,  sticking  them 
up  in  the  night  at  outhouses  & dropping  them  in  the  Roads.  In  some  he 
sues  for  pardon  offering  to  discover  the  ill  practices  of  many  of  his  con- 
federates, and  in  others,  he  threatens  to  bring  thirty  thousand  of  the 
French  Indians  upon  the  country  by  Land  and  to  direct  the  French  to 
bring  a Naval  Force  by  water  to  invade,  the  Province,  if  he  is  not  par- 
doned within  some  small  tyme  which  he  is  pleased  to  affix ; yet  notwith- 
standing his  most  exquisite  villany  and  the  ill  principles  of  many  loose, 
idle  persons  among  us  besides  the  general  calamity  of  Debts  and  mort- 
gaged Estates  for  much  more  than  their  worth,  I doubt  not  but  to  preserve 


COLONIAL  RECORDS. 


GG7 


what  her  Majty  has  been  graciously  pleased  to  comitt  to  my  care  and  con- 
duct (the  Peace  and  Tranquility  of  this  our  Province)  from  any  home- 
bred villany  or  other  Forreign  attempts  and  have  put  the  country  in  the 
best  posture  of  Defence  it  is  at  present  capable  of,  having  appointed  the 
Officers  of  the  Militia  of  the  most  loyall  and  ablest  of  the  Inhabitants, 
and  the  public  stores  of  arms  and  ammunition  being  now  (God  be  thanked) 
pritty  well  supplyed  and  lixed.  But  1 have  some  satisfaction  to  heare 
her  Majesty  has  thought  fit  to  send  so  good  an  officer  to  be  my  neigh- 
bour in  Virginia. 

The  Chiefe  of  the  Quakers  here  understanding  Clarkes  practice  and 
that  he  wrote  his  letters  in  their  stile,  presented  me  the  inclosed  address 
to  which  I could  not  injustice  do  less  than  make  the  returne  endorsed  on 
the  Back  thereof. 

I dare  not  presume  by  this  uncertain  conveyance  to  send  your  Lord,p* 
the  Laws  and  Journalls  of  Assembly  but  will  not  omitt  to  transmitt 
them  by  the  first  Man  of  Warr  which  this  Country  ha's  long  uneasily 
expected  and  am  with  the  highest  Reguard  and  duty  imaginable  My 
Lords 

Your  most  obedient  humble  servant 

JO:  SEYMOUR. 


(Endorsed) 
Recd  8th  Novber  1 . _ _ 
Read  10th  do:  / 


[B.  P.  R.  O.  B.  T.  Virginia.  Voi,.  58. — Extracts.] 


VIRGINIA  SS:  JOURNAL  OF  THE  COUNCIL. 

At  a Council  held  at  the  Capitol  2nd  September  1707. 

Whereas  this  Board  have  received  information  that  one  Co11  Pollock  of 
North  Carolina  with  several  armed  men  of  that  Province  did  lately  in 
an  hostile  manner  sett  upon  the  Maherine  Indian  Settlement  and  having 
taken  36  of  the  said  Indians  prisoners  kept  them  two  days  in  a fort  till 
with  the  excessive  heat  and  for  want  of  water  they  were  almost  destroyed 
after  having  broke  down  their  cabins  and  committed  several  other  out- 
rages threatening  to  cut  off  their  corn  and  to  turn  them  off  their  land  This 
Board  taking  into  consideration  the  ill  consequences  of  such  unwarrant- 
able proceedings  not  only  as  they  respect  the  frightening  the  said  Indians 


608 


COLONIAL  RECORDS. 


from  their  obedience  to  this  her  Maj  Govern*  of  Virginia  Lut  irritating 
the  said  Indians  to  revenge  themselves  as  well  upon  her  Maj.  subjects  of 
this  Govern*  as  upon  those  of  Carolina  It  is  therefore  Ordered  that  a let- 
ter be  writt  to  the  Deputy  Govr  or  President  and  council  of  North 
Carolina  asserting  her  Maj.  right  to  the  land  upon  which  the  Maherine 
Indians  now  live  and  to  acquaint  the  said  Deputy  Govr  or  Presid*  & 
Council  of  North  Carolina  the  said  Indians  have  their  dependanee  upon 
and  are  under  the  protection  of  this  Government  according  to  the  Treatys 
of  peace,  made  with  them  & to  desire  yr  sd  President  & Council  not  to 
molest  the  sd  Indians  until  the  matter  of  Right  concerning  the  Lands 
whereon  they  live  be  determined. 

Ordered,  that  Coll : Harrison  send  to  the  Great  men  of  the  Maherine 
Indians  and  caution  them  not  to  leave  their  Town  upon  any  threatening 
that  may  be  made  them  by  the  Inhabitants  of  Carolina  and  to  assure 
them  that  if  any  disturbance  be  offered  them  by  any  person  within  that 
Province  the  Council  will  take  care  to  protect  them  and  in  the  mean  time 
to  Caution  the  said  Indians  that  they  offer  no  provocation  to  the  Inhabi- 
tants of  Carolina. 

September  the  15th  1707. 

Gentlemen 

I am  to  own  the  receipt  of  yours  of  the  17th  of  June  in  answer  to  a 
Letter  from  myself  and  her  Maj*ys  Council  of  Virginia  of  the  30th  of 
April  proceedings  in  relation  to  the  Maherine  Indians.  Soon  after  your 
Letter  came  to  my  hand  there  was  a meeting  of  Council  to  whom  I com- 
municated it  and  the  Depositions  therewith  sent  and  am  now  to  acquaint 
you  with  our  observations  on  both.  The  main  design  of  all  your  Depo- 
sitions is  to  make  out  that  the  Nottoway  River  and  Weyanoake  Creek 
are  one  and  the  same  and  on  this  supposition  we  perceive  you  lay  the 
foundation  of  your  pretended  Title  to  the  Lands  in  Dispute  to  prove  that 
this  is  an  Error  we  send  you  here  enclosed  Copys  of  the  Depositions  of 
Two  of  our  ancient  Inhabitants  who  Knew  Weyanoake  Creek  before  the 
Proprietary  Government  of  Carolina  had  a being  the  persons  themselves 
are  of  such  honest  reputations  their  Knowledge  so  ancient  their  Testi- 
rnonys  so  positive  that  we  think  we  have  no  need  to  Examine  any  other 
though  we  could  have  a multitude  whose  Knowledge  of  these  parts  are 
of  equal  Date  with  your  witnesses  and  some  of  the  best  Gentlemen  in  the 
County  who  have  Known  Nottoway  River  as  long  or  longer  and  never 
heard  it  called  by  any  other  name  not  to  mention  the  little  credit  which 
ought  to  be  given  to  such  persons  whose  understanding  and  character 
were  Known  here  to  be  none  of  the  best  before  they  took  shelter  in  Car- 
olina. 


COLONIAL  RECORDS. 


6(59 


As  to  the  Right  which  you  say  was  derived  from  the  Yawpine  Indians 
by  Grant  to  the  Chowanoakes  and  from  them  acquired  by  the  Lords 
Proprietors  by  Conquest  We  can’t  apprehend  it  so  easie  a matter  to  as- 
certain what  Right  an  Indian  Nation  had  to  such  a particular  Tract  of 
Land  before  the  memory  of  man  their  Title  being  as  precarious  as  their 
meanes  of  Transmitting  the  same  to  posterity  are  Defective  but  suppose- 
ing  the  whole  to  be  True  which  we  must  take  Leave  to  doubt  of  till  wo 
are  better  satisfy ed  of  the  Validity  of  those  imaginary  Indian  rritings 
and  Records  yet  it  will  not  follow  that  anv  such  acquisition  Coidd  give 
the  Proprietors  a Right  to  Lands  to  the  North  word  of  Weyanoake  Creek 
which  is  the  bounds  of  -the  Charter  and  whoever  maintains  such  a posi- 
tion must  at  the  same  time  forget  by  what  means  the  Proprietors  came  to 
have  a Right  to  any  Lands  in  America  and  that  their  Title  to  the  same 
can  be  extended  no  further  than  their  Grant  from  the  Crown  gives  them 
Leave.  * 

We  admire  to  hear  it  offered  that  a Clandestine  Treaty  between  the 
Government  of  Carolina  and  the  Maherine  Indians  should  Create  a Title 
to  their  Lands  or  or  be  a pretence  of  exacting  Tribute  from  them  who 
were  long  before  Tributary  to  her  Majesty  Dominion  of  Virginia  by 
Virtue  of  a treaty  which  has  the  Royall  Approbation  And  it  is  as  Strange 
that  the  Government  of  Carolina  should  go  about  to  prescribe  bounds  to 
those  Indians  in  Lands  which  their  Charter  gives  them  no  Right  to  at 
least  which  hath  been  alwayes  Claimed  bv  the  Government  of  Virginia 
If  the  Indians  had  encroached  on  their  Neighbours  who  were  really 
within  the  bounds  of  the  Carolina  Charter  the  Government  of  Virginia 
would  alwayes  have  been  ready  to  have  redressed  any  such  injures  and 
Restrained  the  Indians  from  the  like  practices  but  but  no  such  complaints 
have  ever  been  made  here  On  the  Contrary  it  will  be  found  that  the 
Government  of  Carolina  have  been  the  Agressors  and  by  granting  Lands 
to  any  one  that  would  purchase  it  without  considering  whether  they  had 
Right  or  not  so  to  do  have  endeavoured  so  to  streighton  the  said  Indians 
that  they  might  be  no  longer  able  to  subsist  where  they  live  in  hopes 
afterwards  to  possess  themselves  of  their  Lands  by  the  same  Title  they 
hold  the  other  Lands  thereabouts. 

We  believe  it  her  Majestys  Right  to  assigne  Land  for  the  Tributary 
Indians  in  any  part  of  her  Dominion  of  Virginia  without  being  account- 
able to  the  Government  of  Carolina,  and  till  her  Majesty  has  Determined 
the  Extent  of  the  Carolina  Charter.  We  shall  not  think  fitt  to  alter  their 
present  Settlement  especially  since  we  know  the  Indians  have  possest  their 
Lands  long  before  Lewis  Williams  had  any  pretence  of  Right  to  his  and 


670 


COL( INIAL  RECO RDS. 


wo  cannot  perceive  how  the  Supporting  the  possession  of  those  Indians 
can  be  called  a disseising  her  Majestys  subjects  of  Carolina  of  their  free- 
hold if  their  settling  there  be  (as  we  doubt  not  it  will  appear)  without 
any  Title:  for  several  of  those  hundred  familys  you  mention  would 
never  have  sought  for  Grants  from  Carolina  if  the  patenting  of  the  same 
Lands  had  not  been  Restrained  here.  And  since  we  have  now  by  the 
inclosed  Depositions  accjuainted  you  how  far  we  claimed  on  her  Majty  be- 
half  We  expect  the  performance  of  your  promise  that  no  further  Settle- 
ments be  made  there  till  her  Majestys  Determination  of  the  bounds. 

You  conclude  your  letter  with  assuring  us  of  your  ready  Assent  that 
every  one  in  the  Respective  Governments  as  they  are  now  deemed  should 
enjoy  their  Propertys  till  the  matter  be  Determined.  But  we  soon  found 
that  those  were  only  Words  of  Course  tor  it  was  not  long  after  the  receipt 
of  the  same  Letter  that  Information  was  brought  hither  that  one  Coll0 
Pollock  of  Carolina  with  about  sixty  armed  men  in  an  hostile  manner 
sett  upon  the  Maherine  Indian  towne  makeing  all  the  Indians  that  were 
therein  prisoners  and  so  keeping  them  pent  up  for  two  days  in  a small 
fort  till  with  the  straitness  of  the  place  the  excessive  heat  of  the  weather 
and  their  want  of  Water  they  were  almost  famished,  threatening  further 
to  burn  their  Cabbins  and  destroy  their  Corne  if  they  did  not  remove 
from  that  place  and  to  show  he  meant  to  be  as  good  as  his  word  he  pulled 
down  some  of  their  Cabbins  and  broke  and  destroyed  such  poor  furniture 
as  the  Indians  had  therein,  and  to  make  that  Action  the  more  unaccount- 
able (to  give  it  no  more  name)  the  said  Pollock  had  the  assurance  to 
affirm  he  had  the  Queens  order  for  what  he  did. 

Gentlemen  your  own  Letter  plainly  intimates  that  you  are  not  unsensi- 
ble  of  the  Maherine  Indians  being  under  his  Majesty  Subjection  as  of 
her  Dominion  of  Virginia  by  Virtue  of  a Treaty  Concluded  with  them 
and  that  they  are  thereby  entitled  to  her  Majestys  protection  It  is  then 
as  plain  that  those  Indians  are  not  to  be  considered  as  a Nation  of  Sav- 
ages on  whom  the  Government  of  Carolina  have  power  to  Revenge  in- 
jures by  force  of  Armes  hut  as  her  Majestys  Subjects  who  are  as  much 
under  her  protection  as  any  of  her  Subjects  of  Virginia  and  if  they  have 
committed  any  Trespasses  on  the  bodys  of  Lands  of  any  who  pretend 
themselves  Inhabitants  of  Carolina  It  would  have  showed  a greater 
Duty  to  her  Majesty  and  tended  more  to  the  preserving  of  friendship 
and  good  Neighborhood  between  Virginia  and  Carolina  to  have  made 
application  for  Redress  here  (where  you  might  have  l>een  assured  of 
speedy  Juctice)  than  to  have  proceeded  by  way  of  hostility  which  is  a 
method  proper  only  for  Sovereigne  powers  but  can  never  be  justifiable  in 


COLONIAL  RECORDS. 


673 


persons  under  the  same  allegiance.  We  might  with  as  much  justice  treat 
those  who  possess  the  adjoining  Lands  (and  pretend  to  belong  to  Caro- 
lina) with  the  same  severity  as  you  have  used  those  poor  Indians  since 
we  have  at  least  as  much  Reason  to  believe  them  within  the  bounds  of 
Virginia  as  you  have  to  imagine  the  Maherine  Indians  to  be  within  yours 
and  have  as  little  doubt  of  your  Ability  to  effect  our  Resentment  had 
not  our  Duty  to  our  Majesty  a greater  influence  on  us  than  our  Vanity 
to  show  our  Power.  We  have  always  thought  the  matter  of  Right 
Could  not  be  Determined  but  bv  her  Majestys  Royal  Authority  and  were 
willing  to  proceed  no  further  than  we  could  justify  to  her  Majesty  to 
whom  we  are  accountable  but  it  seems  our  Lenity  has  been  misinterpreted 
either  for  a Distrust  of  the  Right  we  are  prosecuting  or  of  our  ability  to 
prevent  the  Rougher  measures  of  those  who  have  no  better  warrant  for 
their  intrusions  than  the  sole  consideration  of  their  own  private  interest 
Joined  with  a good  assurance  We  leave  it  with  you  to  consider  whether 
this  late  Action  of  Coll0  Pollock  be  agreeable  to  that  profession  of  friend- 
ship which  you  make  in  your  Letter  And  if  this  late  attempt  be  not  the 
ready  way  to  irritate  those  Indians  to  shake  off  their  obedience  to  her 
Majesty  and  by  bringing  forreigne  Indians  to  Revenge  their  Wrongs 
involve  both  us  and  yourselves  in  war  and  all  this  for  no  other  Account 
but  to  satisfy  the  selfish  interest  of  Coll0  Pollock  and  some  few  insatiable 
people  who  aim  at  the  Indians  land  We  think  ourselves  obliged  in  her 
Majestys  name  and  on  Behalf  of  this  her  Majestys  Colony  to  demand 
Reparation  for  so  unwarrantable  an  attempt  and  that  you’l  punish  Coll* 
Pollock  and  those  concerned  with  him  as  such  an  insolence  Deserves  But 
if  no  such  satisfaction  be  given  us  we  shall  then  conclude  he  acted  by 
vour  authority  who  have  now  the  Administration  of  the  Government  in 
that  province  and  shall  so  represent  it  to  her  Majesty  in  justification  of 
what  we  shall  hereafter  be  obliged  to  do  in  asserting  ....  and 
maintaining  her  Majestys  just  Title  to  those  Lands  and  protecting  the 
Indians  according  to  the  articles  of  peace  concluded  with  them  and  we 
doubt  not  her  Majestys  gracious  approbation  of  our  proceedings 
Signed  in  name  of  the  Council  by 

E.  JENINGS 
North  Carolina  September  “23d 

I Ionble  Sir 

By  your  messenger  1 received  yours  of  the  15th  instant  with  the  Dep- 
ositions inclosed  which  I shall  lay  before  the  Governor  and  Council  the 
first  opportunity  by  this  I acknowledge  your  favour  and  am 
Sir  your  very  humble  Servant 


W.  GLOVER 


COLONIAL  RECORDS. 


(i72 


To  the  (Queen’s  most  Excel  I*  Majesty 
May  it  please  your  Majesty 

Colonel  Seymour  Your  Majesty’s  Oovernor  of  Maryland  having  trans- 
mitted to  us  the  Copy  of  an  Act  lately  passed  in  North  Carolina  Entitled 
An  Act  to  encourage  the  settlement  of  this  Country,  We  humbly  take 
leave  to  lay  the  same  before  Your  Majesty,  with  our  humble  opinion 
thereupon. 

The  purport  of  the  said  Act  is  as  follows. 

That  no  persons  that  shall  after  the  Ratification  thereof  transport  them- 
selves into  that  Province  shall  be  arrested  sued  or  Impleaded  in  any 
Court,  or  be  Imprisoned  for  any  Debt,  whether  the  same  be  by  bill 
Bond,  or  other  Reckoning,  or  account  whatsoever  contracted  before  their 
Arrival  in  that  Province,  till  & after  five  years  after  their  said  Arrival 
Excepting  such  as  who  shall  be  indebted  to  your  Majesty  or  to  the  Gov- 
ernment in  which  they  lived  before  their  coming  thither;  And  it  further 
excepts  all  persons  transporting  themselves  from  your  Majesty’s  Colony 
of  Virginia,  and  such  who  have  contracted  Debts  within  0 months  before 
their  arrival  in  the  said  Provinces. 

The  said  Act  further  provides  that  if  anv  persons  so  transporting 
themselves,  and  having  had  the  benefit  of  this  Act,  shall  depart  out  oft 
that  Province,  and  afterwards  return  again,  shall  not  then  receive  any 
benefit  bv  the  said  Act. 

Upon  this  we  humbly  take  leave  to  represent  to  your  Majesty  that 
notwithstanding  the  exceptions  in  the  said  Act,  it  appears  to  us  to  be  of 
very  pernicious  consequence  to  your  Majesty’s  Province  of  Maryland, 
and  the  other  more  Northern  Plantations:  For  that  the  Encouragement 
& Protection  by  this  Act  given  to  such  who  shall  retire  thither  is  such 
that  great  Numbers  of  Debtors  (particularly  in  Maryland,  where  the 
generality  are  much  indebted  to  the  merchants  in  this  Kingdom)  will  be 
induced  to  quit  their  settlements  and  withdraw  themselves  to  Carolina, 
where  by  virtue  of  this  Act  they  may  continue  5 years  exempted  from 
the  payment  of  their  just  debts  which  mischief  if  not  timely  prevented, 
will  very  much  lessen  Your  Majesty’s  Revenue  in  the  Duty’s  upon  To- 
bacco; wherein  we  are  the  more  confirmed  by  what  Your  Majesty’s  said 
Governor  of  Maryland  has  writ  us  Viz*  That  several  families  have 
already  removed  themselves  thither,  where  they  may  be  out  of  the  reach 
of  their  Creditors. 

We  further  humbly  represent  to  your  Majesty,  That  This  Act  not  be- 
ing Consonant  to  reason,  nor  agreeable  to  the  Laws  and  Customs  of  this 
Kingdom,  which  the  Lords  Proprietors  are  Obliged  to  observe  in  the 
passing  of  Laws,  the  said  Act  ought  to  be  repealed.  But  that  Your 


COLONIAL  RECORDS. 


(773 


Majesty  may  be  fully  Apprised  of  this  matter,  We  humbly  lay  before 
Your  Majesty  the  Opinion  of  Your  Majesty’s  late  Attorney  and  Solicitor 
General  Upon  a former  Act  of  Carolina,  which  Opinion  we  conceive  ap- 
plyeable  in  All  respects  to  the  present  Act  Viz*: 

That  bv  the  Grants  of  that  Province  made  by  Ins  late  Majesty  King 
Charles  the  second,*  bearing  Date  the  24th  of  March  in  the  Fifteenth  and 
30th  of  June,  in  the  seventeenth  years  of  his  Reign,  a power  of  making 
Laws  with  the  Assent  and  Approbation  of  the  Freemen  there  Inhabit- 
ing, is  granted  to  the  Proprietors,  for  the  Good  & Happy  Government 
of  that  Province,  so  as  such  Laws  be  Consonant  to  Reason  and  as  near 
as  may  be  conveniently  agreeable  to  the  Laws  and  Customs  of  England  ; 
And  they  were  of  Opinion  that  Laws  not  consonant  to  reason  and  repug- 
nant to  the  I jaws  of  this  Kingdom,  are  not  warranted  by  the  said  (’bar- 
ters, And  that  Your  Majesty  mav  declare  those  Laws  to  be  Null  & Void  ; 
That  Your  Majesty  may  Command  that  the  same  shall  not  be  put  in 
Execution  or  observed ; And  may  also  require  and  Command  the  Pro- 
prietors and  Assembly  of  that  Province  by  Act  of  Assembly  to  Enact 
& declare  the  same  to  be  Null  A Void.  And  your  Majesty’s  said  Attor- 
ney and  Solicitor  General  were  further  of  Opinion  that  the  making  such 
Laws  is  an  Abuse  of  the  Power  Granted  of  making  Laws,  and  will  be 
a forfeiture  of  such  Power,  and  that  that  Power  may  be  seized  into  Your 
Majesty’s  hands  by  scire  facias  in  the  Chancery,  on  the  Patents,  or  by 
Quo  Warranto  in  Your  Majesty’s  Court  of  Queens  Bench,  if  the  Laws 
were  Approved  and  Confirmed  by  the  present  Proprietors. 

W hereupon  having  had  this  matter  under  consideration,  and  concur- 
ring with  the  above  Report  of  Your  Majesty’s  said  Attorney  and  Solic- 
itor General ; We  doe  humbly  offer  that  your  Majesty  be  pleased  by  your 
Order  in  Council  to  declare  the  said  Law,  to  be  null  A void,  and  that 
your  Majesty  be  further  pleased  to  signify  Your  Royal  pleasure  to  the 
Proprietors  and  Assembly  of  that  Province,  that  they  do  not  permit  the 
said  Law  to  be  put  in  Execution,  but  to  declare  the  same  Null  & Void, 
as  was  done  by  vour  Majesty’s  Order  in  Council  of  of  the  10th  of  June 
1 70(7 “upon  the  Laws  therein  Mentioned. 

The  making  of  such  a Law  We  conceive  to  be  an  Abuse  of  the  power 
granted  to  the  said  Proprietors,  and  a forfeiture  of  such,  their  Charters, 
W hich  may  be  Vacated  by  due  Course  of  Law 

All  which  is  most  Humbly  Submitted 

STAMFORD 
DARTMOUTH 
HERBERT 
JOHN  PULTENEY. 


Whitehall  Novr  12th  1707. 


COLONIAL  RECORDS. 


67*4 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


MEMORANDUM.  DEC  Y°  15th  1707. 

Then  the  Church  Wardens  John  Blount  Esqr  and  Nathaniel  Chevin 
having  legally  Summoned  the  Vestry  and  none  appearing,  since  Mr  Wil- 
liam Banbury  and  the  afore  said  church  wardens  having  before  encour- 
aged Mr  James  Beasely  to  attend  this  Vestry  in  order  to  be  established 
a Reader  and  he  appearing  in  order  thereunto,  and  there  being  no  Vestry, 
he  is  willing  to  officiate  in  the  Station  of  a Reader  of  Divine  service,  un- 
till a Vestry  shall  meet  and  approve  of  and  agree  with  him. 


[B.  P.  K.  O.  B.  T.  Maryland.  Vol.  5.  H.  47.] 


AN  ACT  TO  ENCOURAGE  THE  SETTLEMENT  OF  THIS 
COUNTRY.  [CAROLINA,  NORTH.] 

[1707.] 

Whereas  it  hath  pleased  Allmighty  God  so  to  bless  and  prosper  the 
English  plantations  on  the  maine  Land  of  America  that  all  the  Sea  Coast 
from  the  most  Easterne  parts  of  New  England  to  the  Southermost  part 
of  Carrolina  with  all  the  Ports  and  Harbours  thereon  are  posses t bv 
English  under  the  dominion  of  our  most  gracious  Soverreign  Lady  Ann 
by  the  Grace  of  God  of  England  Scotland  France  and  Ireland  Queen 
Defender  of  the  faith  save  only  one  Tract  of  land  lying  in  this  Govern- 
ment which  lying  waste  the  Comunication  of  her  MajtlM  Subjects  by  land  is 
not  only  interupted  but  the  Enemy  in  time  of  Warrand  Pyrates  in  time  of 
Peace  have  hitherto  made  use  of  the  Harbours  therein  to  careen  and  fitt 
their  vessells  as  also  to  Wood  and  Water  to  the  great  annoyance  of  her 
Majties  Subjects  trading  along  the  Coast  and  the  Place  being  inhabited  (as 
has  been  lately  discovered)  only  by  some  fugitive  Indians  under  no  man- 
ner of  Government  and  living  chiefly  by  Rapine  who  do  murder  or  hold 
in  Slavery  all  persons  that  either  by  Shipwrack  or  passing  in  small 
vessells  so  unhappily  fall  under  their  Power  And  whereas  the  Inhabi- 
tants of  this  Government  by  reason  of  their  fewness  are  subject  to  the 
daylv  Insults  of  the  Heathen  owing  their  Lives  and  safety’s  to  the  cour- 
tesy of  the  Heathen  rather  then  their  own  strength,  therefore  for  the  more 


COLONIAL  RECORDS. 


075 


speedy  peopling  the  said  Tract  of  Land  and  for  the  uniteing  her  Majts 
Empire  in  America  and  preventing  the  Enemy  from  Harbouring  in  those 
parts  for  the  subdueing  the  Inhabitants  and  security  of  her  Maj“M  Sub- 
jects trading  along  the  sea  coast  as  also  of  the  Inhabitants  settled  in  this 
Government  we  pray  that  it  may  be  enacted  and  it  is  hereby  enacted  by 
his  Excell : the  Palatine  & the  rest  of  the  true  and  absolute  Lords  Prop" 
by  and  with  the  consent  & advice  of  this  present  grand  assembly  and  the 
authority  thereof.  And  it  is  hereby  enacted  that  no  person  or  persons 
whatsoever  who  from  and  after  ratification  of  this  act  shall  transport 
themselves  into  this  Government  and  shall  continue  to  be  an  Inhabitant 
or  Inhabitants  here  to  plant  & inhabit  shall  be  arrested  sued  or  impleaded 
in  any  Court  or  imprison’d  for  any  debt  whither  the  same  be  by  Bill 
Bond  or  other  recoiling  or  aee‘  whatsoever  contracted  before  their  arrival 
here  till  and  after  five  years  after  their  arrival  Provided  allways  that  this 
act  nor  anything  therein  contained  shall  in  no  wise  be  constructed  to  pro- 
tect any  person  or  persons  Indebted  to  our.  Sovereigne  Lady  the  Queen 
her  Heires  and  successors  or  to  the  public  account  of  the  place  or  Gov- 
ernment where  they  have  lived  or  as  Guardians  Trustees  for  Orphans 
Estates  nor  any  person  or  persons  who  shall  transport  him  or  themselves 
from  our  neighbouring  Government  her  MajM“  Dominions  and  Colony 
of  Virginia  nor  any  persons  indebted  to  any  of  her  Maj*1®"  Subjects  liv- 
ing within  the  aforesaid  Collony  of  Virginia  who  upon  pretence  of  com- 
ing from  any  other  place  shall  plead  the  benefitt  of  the  said  act  nor  any 
persons  indebted  for  any  wares,  goods  and  merchandizes  the  effects  whereof 
they  shall  bring  into  or  otherwaise  receive  within  this  Government  nor 
any  person  indebted  for  any  debts  contracted  upon  any  account  whatso- 
ever within  six  months  before  their  arrival  here  Provided  also  and  it  is 
hereby  Enacted  by  the  authority  aforesaid  that  what  person  or  persons  so 
ever  shall  at  any  time  hereafter  transport  him  or  themselves  into  this 
Government  and  having  once  had  the  benefitt  of  this  act  shall  depart 
hence  and  againe  afterwards  transported  him  or  themselves  into  this  Gov- 
ernment shall  have  or  receive  no  benefitt  or  advantage  by  such  his  or 
their  transportation  anything  herein  contained  to  y®  contrary  notwith- 
standing 

(Endorsed) 

Referred  to  in  Colonel  Seymours  L"  of  the  Hi  Aug"1  last. 


676 


COLONIAL  RECORDS. 


1708. 

[B.  P.  R.  O.  B.  T.  Va.  58.] 

EXAMINATION  OF  WITNESSES  IN  NANSIMUND 

COUNTY 

Virginia — -ss:  25  March  1708  (7?) 

Henry  Plumpton  aged  eighty  .six  years  or  thereabouts  Deposed)  that 
lie  hath  lived  in  the  County  now  called  Nanseraond  formerly  Upper 
Norfolk  about  seventy  four  years  and  that  after  the  Right  Honble  Sr  W“ 
Barkley  was  made  Governor  of  Virginia  he  was  amongst  divers  others 
at  sev11  times  sent  out  against  the  Southern  Indians  Once  particularly  by 
land  under  the  Command  of  Major  Gen"  Bennett  and  once  by  Water 
under  Coll  Dew  which  to  the  best  of  his  Remembrance  Was  about  the 
year  1646  in  which  expedition  he  well  remembers  that  after  they  had 
entered  Corrotuck,  they  proceeded  up  the  Sound  to  Chowan  as  far  as  the 
mouth  of  Weyanook  Creek  where  they  had  a fight  with  the  Indians  and 
had  a man  killed  by  them  And  also  about  two  years  after  a peace  being 
concluded  with  the  Indians  the  said  Deponent  with  one  Thomas  Tuke 
of  the  Isle  of  Wight  County  and  severall  others  made  a purchase  from 
the  Indians  of  all  the  Land  from  the  mouth  of  the  Morratuck  River  to 
the  mouth  of  Weyanook  Creek  aforesaid  which  the  Indians  then  shewed 
them,  Which  the  deponent  knew  to  be  the  same  place  where  the  man 
above  mentioned  was  Killed  and  Ives  (to  the  best  of  his  Judgement  and 
remembrance)  about  twenty  or  twenty  five  miles  above  the  mouth  of 
Morattuck  River  but  the  Deponent  never  heard  the  Blackwater  Notta- 
way  or  Maherine  Rivers  or  either  of  them  called  by  the  name  of  Wey- 
anook Creek  Sign’d 

HENRY  PLUMPTON 
March  the  25th  1708  (7?) 

By  virtue  of  a Commission  of  Dedimus  potestatem  to  us  directed  from 
the  honMe  the  President  and  Council  of  Virginia  We  the  subscribers  did 
this  day  meet  at  the  house  of  Mr  Henry  Plumpton  in  the  County  of 
Nansimond  where  the  said  Henry  Plumpton  made  affidavit  to  the  truth 
of  the  within  written 

AR  ALLEN 
FRAN  MILNER 
THO:  MILNER 
HEN  JENKINS 
JAMES  LOCKHART 


Sign’d 


COLONIAL  RECORDS. 


677 


Robert  Lawrence  of  Nansimond  County  aged  about  sixty  nine  years 
Examined  and  sworne  saith. 

That  about  forty  seven  years  ago  this  Deponent  seated  a plantation  on 
the  south  west  side  of  Chowan  River  about  three  or  four  miles  above  the 
mouth  of  Morattoek  where  he  Lived  about  seven  years,  by  which  means 
he  had  often  occassion  of  passing  and  repassing  the  Chowan,  in  which  he 
often  took  notice  and  still  very  well  knows  a large  creek  on  the  said 
South  west  side  of  Chowan  commonly  called  and  known  both  by  the 
English  and  Indians  by  the  name  of  Weyanoke  Creeke  which  creek 
issueth  into  Chowan  about  twenty  five  miles  above  Morattuck  River 
mouth  and  according  to  the  best  of  his  Deponents  judgment  about 
twenty  miles  below  the  mouth  of  Maherine  River  and  this  Deponent 
further  saith  that  he  never  heard  either  the  Blackwater  Nottaway  or  Ma- 
herine River  or  any  other  River  or  Creek  but  that  above  mentioned  called 
by  the  name  of  Weyanoke  Creek 
Signed 

ROBERT  R LAWRENCE 

Sworne  and  addressed  as  the  former 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


I 

MR.  GORDON  TO  THE  SECRETARY. 


Linhaven  Bay,  1st  April  1708 
Sir : 

We  are  just  come  to  anchor  in  Linhaven  Bay,  after  almost  three  months 
passage  and  much  bad  weather.  I find  we  shall  get  easier  to  North  Car- 
olina from  hence  than  we  expected,  whither  we  design  to  set  forward, 
God  willing,  tomorrow  morning.  We  are  just  weighing  again  for  York 
River,  from  whence  it  seems  sloops  frequently  go  to  Carolina  though  the 
accounts  1 have  had  about  the  distance  differ  very  much,  some  calling  it 
seven,  some  fifteen,  others  thirty  leagues,  and  all  the  Maps  1 have  seen 
are  equally  imperfect:  we  have  no  favorable  character  of  the  Country, 
and  it  will  be  hard  if  after  so  much  rough  weather  we  have  met  with  at 
Sea,  we  should  have  to  do  with  rugged  tempers  ashore,  but  whatever 
inconveniences  we  find,  as  we  shall  always  make  the  best  of  them,  so  we 
shall  always  take  all  care  to  answer  to  everything  the  good  expectations 
(1  hope)  the  Honorable  Society  has  of  our  endeavours.  1 have  no  time 


078 


COLONIAL  RECORDS. 


to  write  so  fully  as  I would  the  opportunity  by  this  ship  being  as  sudden 
as  accidental.  Therefore  I hope  you’ll  please  to  excuse  this  abruption. 

Your  very  humble  Servant 

Wm  GORDON 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  at  the  Chappel  the  18th  Day  of  April  1708. 

Present. 


(ohn  Blount  Esqr 
Mr  Edward  Smithwick 
VP  Win  Banbury 
Mr  Nath1  Chevin. 


Wm  Duckenfield  Esqr 
John  Ardern  Esqr 
Cap4  Thomas  Luten 
Mr  Nich1  Crisp 

Mr  Nath1  Chevin  being  now  removing  out  of  this  precinct  and  it  being 
debated  who  shall  serve  instead  of  him 

Agreed  that  Thomas  Garrett  Esqr  shall  succeed  in  the  Room  and 
stead  of  Nathaniel  Chevin. 

Also  it  being  debated  who  shall  succeed  in  the  room  and  place  of  Cap4 
Thomas  Blount  deceed — 

Resolved  that  Edward  Mosely  Esqr  shall  succeed  in  the  vestry  in  the 
place  of  Cap4  Thomas  Blount. 

It  is  also  voted  who  shall  succeed  as  a vestry  man  in  the  place  of  Col 
William  Wilkinson. 

It  is  agreed  that  Wm  Charlton  Esqr  shall  succeed  as  a vestry  man  in 
the  place  and  stead  of  Col  Wm  Wilkinson. 

And  accordingly  Thomas  Garret  and  Wm  Charlton  Esq”  took  their 
places  in  the  Vestry. 

Richard  Booth  having  had  an  allowance  of  three  pounds  per  annum 
for  maintaining  an  Orphan  Child  of  Stephen  Besson’s  comes  here  and 
assumes  to  keep  and  maintain  the  child  without  any  further  charge. 

This  Day  William  Duckenfield  Esqr  and  Mr  Edward  Smithwick  made 
up  their  accounts  in  the  time  of  their  being  Church  Wardens  and  upon 
adjusting  their  accounts  it  appears  that  there  is  due  Mr  Duckenfield  from 
the  Vestry  the  sum  of  4£:  5s:  Od 

And  Mr  Smithwick  stands  indebted  to  the  Vestry  1:  2:  6 

Ordered  that  Mr  Smithwick  pay  the  same  to  Wm  Duckenfield  Esqr 
and  then  there  will  be  due  to  him  from  the  Vestry  3:  2:  6 

John  Blount  Esqr  and  Nath1  Gheven  this  day  producing  their  acct  of 
the  public  accounts.  Upon  adjusting  the  accounts  there  appears  to  be 
due  to  the  public  the  sum  of  6£:  6s:  8d 


COLONIAL  RECORDS. 


679 


Ordered  that  Mr  Crisp  be  paid  for  the  use  of  his  canoe,  two  shillings 
and  six  pence  Nath1  Chevin. 

So  the  account  stands  thus. 

John  Blount  and  Nath1  Chevin.  Church  Wardens,  stands  Debtors  to 
the  public  for  the  years  1706  & 1707  6£:  6sh:  8d: 

£ sh.  d. 

By  Mr  Crisp  0:  2:  6 

By  Mr  Moseley  1:  2:  6 

By  Mr  Duckenfield  3:  2:  6 

£4:  7:  6 

Ordered  that  Phillis  Dicks,  widow  of  John  Dicks,  be  paid  by  the 
publick  the  sum  of  two  pounds  besides  what  he  hath  been  allowed  and 
paid  by  the  publick  for  his  work  on  the  Chapel. 

On  the  petition  of  William  Walston  shewing  that  Elenor  Kirkham 
was  accommodated  at  the  petitioner’s  Eighteen  days,  being  sick  and  im- 
potent and  there  died  and  was  buried  at  the  petitioners  charge  having  no 
Estate  prays  allowance.  &c. 

And  he  presenting  no  account 

Ordered  that  he  appear  at  the  next  Vestry  and  present  his  account. 

On  petition  of  Madam  Mary  Blount  for  accommodating  a poor,  indi- 
gent man  named  Thomas  Wright  at  her  house,  in  his  sickness  one  Week, 
whereof  he  died  and  was  buried  at  her  charge,  prays  allowance. 

Orded  that  she  be  paid  by  the  public  forty  shillings 

Ordered  that  the  Honoble  Col.  Thomas  Pollock  and  John  Ardern  Esqr 
shall  be  Church- Wardens  for  the  Year  ensuing. 

Ordered  that  Mr.  Nicholas  Crisp  agree  with 
to  officiate  as  a Reader  in  the  Chapel  for  Nine  pound  pr.  Annum  to  exe- 
cute in  that  Office  and  also  as  Clerk  of  the  Vestry,  and  Mr.  Nich1  Crisp 
doth  promise  to  give  notice  to  the  Inhabitants  of  the  time  when  he  shall 
begin  upon  that  Employment. 


[From  the  Vestry  Hook  of  St.  Haul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  met  at  the  Chappel  on  Wednesday  the 


1708. 


Present.  Church  wardens. 


5th  day  of  May 


Wm  Duckenfield  Esq  Mr  W m Banbury 

Edward  Moseley  Esq  Mr  Wm  Charlton 

Cap*  Thomas  Luten  Mr  John  Pruden 

Mr  John  Blount 


• Church  Wardens. 


COLON  I AL  R ECOR T)S. 


680 


In  observance  to  a late  act  of  Assembly  entitled  an  act  for  electing 
Vestrys  the  said  act  being  first  read  the  Vestry  made  choice  of  the  Rev- 
erend Mr  William  Gordon  the  Honobl°  presidents  approbation  l>eing  sig- 
nified to  officiate  in  this  precinct  as  a minister  of  the  gospel.  It  having 
this  Day  been  signified  to  the  Vestrv  that  the  Honoble  Thomas  Pollock 
declines  the  Office  of  a church  Warden. 

Ordered  that  Mr  Nicholas  Crisp  officiate  in  his  Room,  and  that  the 
Honoble  Coll  Thomas  Pollock  pay  his  fine  as  appointed  by  the  act.  Mr 
William  Walston  having  this  day  brought  in  his  account  for  the  Inter- 
ment of  Elinor  Kirkhum  and  demanding  thirty  shillings  for  his  trouble 
and  charge  therein,  being  thought  a reasonable  demand,  is  therefore 
allowed  the  same  to  be  paid  by  the  publick. 

It  is  ordered  that  a full  Vestry  pay  their  attendance  at  the  Chapel  on 
tuesday  the  11th  of  this  month  for  the  further  settling  of  matters  relating 
to  the  church. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  met  at  the  Chappel  on  Tuesday  the  11th  Day  of  May 
1 708. 

Present. 

Win  Duckenfield  Esq*  Mr  Nicholas  Crisp 

Edward  Moseley  Esq*  Mr  Win  Banbury 

Mr  Edward  Smith  wick  Mr  Thomas.  Garret 

Cap4  Thomas  Luten  John  Ardern,  Esq*. 

M r John  Blount 

Mr.  Nicholas  Crisp  being  present  and  refusing  to  perform  the  Office 
of  Church  Warden 

Ordered  that  he  pay  his  Fine  pursuant  to  the  act  and  that  Mr  Thomas 
Garret  be  Church  Warden  in  his  room. 

It  having  this  day  been  debated  for  the  better  encouragement  of  a 
Minister  (for  this  precinct  only)  which  is  the  most  proper  place  to  pur- 
chase for  a Glebe  it’s  unanimously  agreed  upon  that  the  plantation  now 
belonging  to  Mr  Frederick  Jones  whereon  the  church  now  stands,  is  the 
fittest  place  can  be  thought  on  for  that  use:  the  tract  of  Land  in  Quan- 
tity containing  five  hundred  acres. 

It  is  therefore  the  humble  Request  of  the  Vestry  that  Edward  Mose- 
ley Esq*  (having  now  business  into  Virginia)  will  please  to  treat  with  Mr 
Frederick  Jones  concerning  the  purchase  of  the  said  Land  and  agree 


COLONIAL  RECORDS. 


681 


with  him  for  the  same,  provided  he  exceed  not  an  Hundred  pounds  in 
Co  untry  Com  modifies. 

Ordered  that  the  Church  Wardens  endeavour  to  have  the  pulpit  fin- 
ished with  all  possible  Speed  as  likewise  the  Desk  and  what  other  things 
belong  to  it  as  likewise  to  have  the  Church  floor  laid  with  Brick,  but 
upon  further  Debate  of  the  matter  its  agreed  upon  that  the  Floor  shall 
be  laid  with  plank  as  being  the  cheapest  and  most  expeditious  way  of 
having  it  done. 

There  appearing  upon  the  Adjousting  of  Mr  John  Blount’s  and  Mr 
Nathaniel  Chevin’s  account  to  the  Vestry  on  the  Eighteenth  of  April 
last.  Mr  Chevin  remains  Debtor  to  the  public — ill  : shl9:  d2 

Ordered  that  the  Said  £\  : si 9:  d2  be  paid  to  Mrs  Mary  Blount  in 
part  of  forty  shillings  due  to  her  bv  a former  order. 

Ordered  that  the  Vestry  meet  at  the  Chapell  the  following  Day  to 
our  next  precinct  court. 


[From  N.  C.  Letter  Book.  S.  P.  U.] 


MR.  ADAMS  TO  THE  SECRETARY 

Va.,  10  June,  1708. 

Sik  : — 

Mr.  Gordon  and  I,  by  the  good  providence  of  God,  got  safe  to  Vir- 
ginia the  last  day  of  March,  from  whence  we  went  into  North  Carolina, 
and  addressed  ourselves  to  the  president  of  the  council,  who  received  us 
with  all  respect  and  civility. 

The  country  is  divided  into  four  large  precincts,  besides  a large  tract 
of  land  called  Pamplico,  divided  into  three  precincts  more.  I am  by  the 
president  and  council  appointed  to  settle  in  the  precinct  called  Paseotank, 
and  to  take  what  care  I can  of  the  adjacent  precinct  of  Caratauk  [Curra- 
tuck]  beside.  There  is  no  church  in  Paseotank;  but  the  people,  upon 
my  being  ordered  among  them,  have  resolved  forthwith  to  build  a church 
and  two  chapels  of  ease,  the  precinct  being  of  too  great  an  extent  to  meet 
all  at  one  or  two  places.  1 have  been  twice  among  the  people  of  Cara- 
tauk precinct,  but  could  not  call  a vestry,  some  of  their  leading  men 
being  out  of  the  country,  and  the  rest  unwilling  to  go  about  any  church 
affairs  till  their  return.  I cannot  propose  to  make  them  so  frequent 
visits  as  the  faithful  discharge  of  my  duty  requires,  till  the  extremity  of 
the  heat  abates  a little,  which  now  keeps  me  from  undertaking  long  and 
tedious  journeys.  82 


COLONIAL  RECORDS. 


682 


Each  precinct,  by  Act  of  Assembly,  allows  a minister  that  resides 
among  them  to  the  value  of  £30,  in  the  produce  of  the  country,  which 
is  equivalent  to  £10  or  £15  sterling.  I found  by  the  pious  care  of  our 
new  president,  the  posture  of  affairs,  as  to  matter  of  religion,  in  a much 
better  condition  than  might  have  been  expected  in  a place  so  destitute  of 
means.  I have  preached  some  preparatory  sermons  to  the  Lord’s  Sup- 
per, and  find  many  of  the  people  well  inclined  to  receive  the  sacrament. 
1 hope  to  he  able  to  give  a better  account  of  the  country  and  people  by 
the  London  fleet.  I could  not  get  my  goods  to  Carolina  when  I first 
arrived,  but  am  come  up  again  to  Virginia  to  carry  them  down,  and  to 
set  out  from  hence  again  (God  willing)  next  morning  for  Carolina  (blessed 
be  God),  in  very  good  health  ; and  hope  the  Almighty  will  enable  me 
in  some  measure  to  answer  the  pious  design  of  so  many  good  men,  which 
shall  be  the  sincere  and  faithful  endeavor  of,  sir, 

Your  most  obedient  and  humble  servant, 

JAMES  ADAMS. 


[B.  P.  R.  O.  B.  T.  Maryland.  Vol:  5.  H.  74.] 


COLL:  SEYMOUR  TO  THE  LORDS  OF  TRADE. 


(Extracts.) 

May  it  please  your  Lordships 

5{i  5fc  5^  3}£  5jC 


23rd  June  1708. 


* 


* 


Wee  are  dayly  made  sencible  of  the  loss  and  removal  1 of  divers  Inhab- 
itants and  residents  in  this  Province  to  our  neighboring  Collonys  of  Pen- 
silvania  & Carolina  ; The  chief  notices  whereto  are  the  present  Poverty 
of  this  Country,  the  Planters  having  suffered  extreamly  this  present 
Warr  in  the  Marketts  being  shut  up  so  that  after  the  numerous  hazards 
of  unseasonable  weather,  lack  of  Plants,  the  Fly,  the  ground  worme  the 
house  wormes,  it’s  being  house-burnt,  frostbitten,  the  danger  of  sea  and 
our  enemys,  all  encountered  and  overcome  the  freightes  have  not  had  near 
the  valine  of  their  labour  or  expence  of  servants  cloathing  &c:  and  those 
who  have  lavd  out  their  Cropps  with  the  Merchants  in  the  Country,  have 
not  been  able  to  get  above  three  shillings  and  sixpence  ^ cent  so  that  for 
many  years  last  past  servants  and  slaves  have  proved  burthensome  to 
many  Masters  and  helpt  by  hard  labour  to  impoverish  them. 

The  Inhabitants  of  North  Carolina  finding  in  what  ill  Circumstances 
wee  are,  here  many  being  indebted  for  more  than  their  Stocks,  made  an 
Act  of  Assembly  there,  inviting  all  persons  to  settle  with  them  under 


COLONIAL  RECORDS. 


083 


the  Protection  of  five  yeares  exemption  from  paying  their  debts,  which 
has  drawn  many  familys  thither,  again  Pensil vania  on  the  other  hand  by 
raising  the  vallue  of  their  coynes  to  so  extraordinary  a height  beyond 
her  Majties  Royall  Proclamation,  and  the  great  encouragment  they  give 
to  saviors  has  induced  many  young  freemen  artififers  and  saviors  to  quit 
this  Province  and  settle  there,  so  that  unles  her  Majty  be  graciously 
pleased  to  lay  her  comands  on  those  Governments  to  repeale  the  afore- 
said Carrol ina  Act  of  Assembly  and  conforme  themselves  in  lowering 
their  coyns  according  to  the  Proclamation,  there  is  no  likely  hood  of  pre- 
venting her  subjects  continuall  desertion  hence  to  those  less  profitable 
Collonys. 

As  for  those  miserable  people  that  are  so  much  indebted,  1 know  not 
why  their  deplorable  circumstances  should  not  be  taken  into  considera- 
tion bv  her  Majesty  being  pleased  to  recommend  to  the  Generali  Assem- 
bly an  Act  of  Bankruptcy  in  their  favour  to  acquitt  them  upon  deliver- 
ing up  their  all  to  their  Credito”  which  is  as  much  as  can  be  required  and 
that  it  shall  be  Fellony  to  eonceale  or  imbeazill  so  that  they  may  be  once 
more  enabled  to  begin  the  world  againe,  and  her  Majesty  not  lose  the  use 
of  so  many  subjects 

*****  * 

I have  allready  acquainted  your  Honble  Board  that  the  persons  I sent 
to  demand  at  North  Carolina  have  been  delivered  up  to  Justice  here  and 
likewise  transmitted  two  Coppys  of  the  Act  of  Assembly  made  therefor 
the  protection  of  Debtors  which  I doubt  not  but  that  your  Lordships 
will  think  reasonable  to  lay  before  her  most  sacred  Majesty  for  her  Direc- 
tions to  that  Government. 

My  Lords,  your  Lords1* 

most  dutifull  obedient  humble  servant 

JO:  SEYMOUR. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Meeting  at  the  Chapel  1 of  Edward  Moseley  Esqr  Cap1  Thomas 
Lenten  and  Mr.  John  Blount  on  Wednesday  y°  7th  of  July  1708. 

As  likewise  of  John  Ardern,  the  rest  of  the  Vestry  not  appearing. 
Ordered  that  a full  Vestry  make  their  appearance  at  the  Chapel  1 on 
Sabbath  Day  next,  being  the  11th  of  this  Instant. 


Memorandum — The  Vestry  having  been  legally  summoned  to  make 
their  appearance  at  the  Chapell  on  Sunday  the  Eleventh  of  July,  1708, 


68  * 


COLONIAL  RECORDS. 


hut  none  appearing  except  Edward  Mosely  Esqr  Mr  Edward  Smith- 
wick  Mr  Nicholas  Crisp,  .John  Ardern,  and  W illiam  Banbury,  there  be- 
ing no  majority  no  business  could  be  accomplished. 

Ordered  that  a full  Vestry  make  their  appearance  at  the  Chapell  on 
Sunday  ye  25th  of  July  1708. 


[From  the  Vestry  Hook  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


Edward  Mosel y Esqr 
William  Duckfield  Esqr 
Cap*  Thomas  Luton 
Mr  Nicholas  Crisp 


At  a Meeting  of  the  Vestry  holden  at  the  Chapell  on  Sunday  the  2oth 
of  July  1708. 

Present. 

Mr  Edward  Smith  wick. 

Mr  William  Banbury 
Mr  William  Charlton 
John  Ardern.  Esqr 

Whereas  the  Reverend  Mr  William  Gordon  is  speedily  designed  for 
England  hath  therefore  recommended  unto  this  precinct  for  a reader  Mr 
Charles  Griffin  of  whom  he  renders  a good  character,  the  said  Mr  Grit- 
tin  beinsr  likewise  made  known  to  some  Gentlemen  of  the  Vestry. 

Its  unanimously  approved  of  to  accept  of  the  said  Mr  Griffin  for  our 
Reader  in  Mr  ( Gordon’s  absence,  and  to  allow  for  his  officiating  as  such 
and  performing  the  Office  of  a Clerk  to  the  Vestry  twenty  pounds  ^ an- 
num to  be  paid  by  the  publick. 

Whereas  it  had  been  taken  into  our  mature  Consideration  the  many 
and  great  inconveniences  which  attend  the  Chappell  which  is  already 
built  both  in  Respect  of  its  ill  situation.  Smallness  and  rough  and  unfit 
workmanship 

We  therefore  to  shew  our  true  zeal  for  the  Glory  of  God  and  propo- 
gating  so  good  a work  do  unanimously  agree  that  a church  of  forty  feet 
long  and  twenty  four  wide  fourteen  feet  from  Tenant  to  Tenant  for  hight. 
the  remaining  part  of  the  work  to  be  proportionable:  the  roof  to  be  first 
plankt  and  then  shingled  with  good  Cypress  Shingles,  and  the  whole  to 
be  ceiled  with  plank,  and  floored  with  plank,  for  the  speedy  accomplish- 
ment of  which  said  work  its  the  Earnest  Request  of  the  present  members 
of  the  Vestry  that  Edward  Mosely  Esqr  and  Cap1  Thomas  Lenten  will 
undertake  to  see  the  same  performed,  they  living  convenient  and  to  agree 
with  Workmen  at  as  easy  Rates  as  may  be.  It  being  well  and  substan- 
tially performed. 


COLONIAL  RECORDS. 


685 


There  appearing  to  this  Board  that  Eight  pounds  are  due  to  the  Rev 
Mr  Wm  Gordon  for  officiating  as  a Minister  in  this  precinct. 

Ordered  that  the  said  Eight  pounds  be  paid  to  the  Revd  Mr  Gordon  or 
his  order  by  the  public 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


LETTER  TO  THE  LORD  BISHOP  OF  LONDON. 

N.  C.  24  Aug.  1708. 

May  it  please  Your  Lordship, 

We  esteem  it  the  peculiar  and  special  Blessing  of  Heaven  that  we  of 
this  poor  province  are  cast  so  happily  under  your  Lordships  patronage, 
protection  and  care,  whose  eminency  in  propagating  religion  and  estab- 
lishing of  Church  Government  is  conspicuous  to  all  mankind  that  knows 
your  Lordship,  not  only  within  your  Lordships  diocese  but  elsewhere 
and  scarcely  to  be  paralled. 

We  therefore  (in  behalf  of  that  part  of  this  province  to  which  we  be- 
long) in  a deep  sense  of  our  duty  to  God  and  gratitude  to  your  Lordship 
do  most  gladly  embrace  this  seasonable  opportunity  of  making  a due  re- 
turn of  our  humble  and  unfeigned  thanks  for  the  many  favors  your 
Lordship  hath  been  pleased  to  confer  upon  us,  but  more  particularly  for 
vour  recommending  ns  to  the  care  of  so  good  and  worthy  a man,  whose 
prudent  and  pious  example  is  well  worthy  our  Imitation,  suitable  to  and 
adorning  his  profession  (a  blessing  in  no  place  wanted  more  than  in  this) 
wherefore  we  conceive  it  our  further  duty  to  acquaint  your  Lordship  that 
the  Reverend  Mr.  Gordon  is  universally  approved  on  by  all  in  General 
amongst  us,  whose  sweetness  of  disposition  and  spotless  conversation  is 
so  highly  engaged  together  with  his  most  excellent  and  practical  way  of 
preaching,  as  hath  prevailed  even  with  the  very  enemies  of  the  Church 
to  be  silent  at  his  deserved  applause.  We  therefore  most  heartily  lament 
his  leaving  us  so  soon,  but  hope  for  his  speedy  return  (of  which  we  have 
obtained  his  promise  and  doubt  not  of  his  performance)  assuring  your 
Lordship  that  in  the  interim  we  will  use  our  utmost  endeavours  to  have 
all  things  relating  to  the  Church  in  a better  posture  for  his  reception  re- 
solving to  employ  our  utmost  interest  and  zeale  to  further  so  good  and 
excellent  a work  by  our  diligent  zeal,  wherein  we  hope  for  the  blessing 
of  Heaven  and  the  continuance  of  your  Lordships  favours  unto  us  who 
have  already  been  pleased  to  make  us  so  large  partakers  of  your  Lord- 


G8G 


COLONIAL  RECORDS. 


ships  bounty.  May  the  God  of  all  Mercy  s discharge  the  great  obliga- 
tions we  of  this  poor  province  lve  under  to  your  Lordship  by  multiply- 
ing the  choicest  of  his  Blessings  to  your  Lordship  in  this  life,  in  earnest 
of  an  everlasting  hanniness  hereafter,  is  the  most  sincere  and  fervent 


JOHN  ANDERSON  1 Church 
THO.  GARRET  / Wardens 
Wm  DUNKENFIELD 
EDWARD  MOSELEY 
THOMAS  LUTON 
NICHOLAS  CRISP 


&c 

EDWARD  SMETHWICK 
WILLIAM  BENBURY 
WILLIAM  CHARLTON 
THOMAS  POLLOCK 
JOHN  BLOUNT 
JAMES  LONG 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


MR.  ADAMS  TO  THE  SECRETARY. 

North  Carolina,  18th  September,  1708. 

Sir  : — 

In  my  last,  by  Captain  Stuart,  I wrote  you  an  account,  among  other 
things,  what  steps  I had  made  in  order  to  administer  the  sacrament  of 
the  Lord’s  Supper  to  such  as  should  be  religiously  disposed ; but  our 
unhappy  distractions  which  immediately  followed,  and  the  flame  the 
country  has  continued  in  ever  since,  broke  my  measures  as  to  that,  and 
has  made  me  desist  till  it  shall  please  God  to  put  an  end  to  the  confusion 
and  contentions  the  whole  province  is  engaged  in. 

I shall  not  trouble  you  with  a long  narrative  of  the  unhappy  circum- 
stances this  country  at  present  lies  under,  because  Mr.  Gordon  can  inform 
you  by  word  of  mouth,  and,  I believe,  show  a copy  of  the  true  state  of 
this  province,  written  by  our  president,  in  whose  sincerity  and  integrity 
you  may  confide,  and  who  has  been  no  small  sufferer  for  his  affection  to 
the  Church.  I shall  only  add,  that,  in  general,  there  are  three  sorts  of 
people  among  us:  many  religious  and  true  members  of  our  communion, 
some  Quakers,  and  most  bred  up  in  ignorance,  who  neither  know  nor 
profess  any  religion  at  all ; and  of  these  last  it  is  to  be  hoped  our  Saviour 
has  a plentiful  harvest  to  be  reaped.  The  Quakers,  though  not  the  sev- 
enth part  of  the  inhabitants,  yet,  by  the  assistance  and  contrivance  of 
Archdale,  a Quaker  and  one  of  the  lords  proprietors,  have  in  a manner 
the  sole  management  of  the  country  in  their  hands,  and  of  late  years  have 


COLONIAL  RECORDS. 


B87 


at  their  pleasure  procured  a revolution  of  government  as  often  as  he  that 
sat  at  the  helm  seemed  to  favor  our  Church,  or  endeavored  to  make  any 
provision  for  the  ministry ; and  if  the  grievances  of  the  country  be  not 
speedily  redressed  by  the  proprietors,  the  Quakers,  in  conjunction  with 
the  Presbyterians  (who  always,  in  hopes  of  preferment,  side  with  those 
who  are  in  a capacity  to  promote  their  interest),  will  bear  down  the 
Church;  and  instead  of  our  making  proselytes,  we  shall,  1 am  afraid,  be 
hardly  able  to  keep  what  we  have  from  being  perverted  and  seduced  in 
this  place  of  so  great  ignorance  and  enthusiasm.  Beside,  we  shall  be  en- 
gaged in  perpetual  broils  and  quarrels  (as  we  are  at  present);  for  our  old 
worthy  patriots,  who  have  for  many  years  bore  rule  in  the  government 
with  great  applause,  cannot  without  concern  and  indignation  think  of 
their  being  turned  out  of  the  council  and  places  of  trust,  for  no  other 
reason  but  because  they  are  members  of  the  Church  of  England,  and  that 
shoemakers  and  other  mechanics  should  be  appointed  in  their  room, 
merely  because  they  are  Quaker  preachers  and  notorious  blasphemers  of 
the  Church;  some  of  which  have  declared  that,  till  the  Prince  of  Wales 
be  proved  a bastard,  the  queen  can  have  no  pretensions  to  the  crown  of 
England.  We  are  in  hopes  the  lords  have  been  imposed  upon  by  Arch- 
dale, and  that  we  shall  be  redressed  from  England  according  to  the  char- 
ter and  laws  of  our  country. 

In  the  mean  time  I shall,  by  the  grace  of  God,  endeavor  to  behave 
myself  with  such  moderation,  diligence,  and  fidelity,  as  not  to  prejudice 
the  great  cause  \ have  in  hand. 

That  part  of  the  country  where  I am,  designed  by  this  fleet  to  have 
sent  an  address  of  thanks  to  the  society  for  my  being  sent  among  them  ; 
but,  at  my  request,  they  have  desisted  till  our  animosities  and  heats 
(which  already  have  not  been  without  blood)  be  composed,  and  I give  a 
further  proof  of  my  ministry. 

That  I may  punctually  observe  your  instructions  and  commands  shall 
be  the  constant  and  faithful  desire  of,  sir, 

Your  most  obedient  servant, 

JAMES  ADAMS. 


COLONIAL  RECORDS. 


fiSH 


[B.  P.  R.  O.  B.  T.  V i Kci i n i a . Vol.  13.  O 13.] 


COLL:  JENINGS  TO  THE  LORDS  OF  TRADE. 

Virginia,  September  20th  170H. 

(Extract.) 

May  it  please  your  Lordships, 

4c  4c  * * * * 

I am  informed  from  North  Carolina  that  there  are  very  great  com- 
m otto  ns  in  that  Government  occasioned  principally  by  the  Quakers,  who 
after  they  had  prevailed  with  the  Lords  Proprietors  to  turn  out  the 
Deputy  Governor  and  give  the  Council  (who  were  most  of  their  perswa- 
sion)  a power  of  chusing  their  own  President,  made  choice  of  one  Mr 
Glover,  and  because  they  did  not  find  him  for  their  Turn  voted  him  out 
again,  they  have  had  the  cunning  to  sett  all  that  Country  in  a flame  and 
all  but  themselves  in  arms  against  one  another.  It  would  be  tedious  to 
trouble  your  Lordships  with  an  account  of  the  proceedings  of  the  sev- 
eral partys  wch  look  liker  the  freaks  of  Madmen  than  the  actions  of  men 
of  reason,  there  has  already  been  one  man  unfortunately  killed  in  the 
Fray,  and  tho  tis  said  that  they  are  coming  to  an  accomodation,  yet  by 
the  best  information  I have  it  is  not  like  to  end  so.  I thought  it  my 
duty  to  acquaint  your  Lordsps  with  this  as  it  happens  so  nigh  her  Majty* 
Colony:  tho  1 hope  it  will  have  no  ill  consequences  as  to  us.  I am,  my 
Lords 

Your  Lordsps  most  faithful]  and  obedient  serv* 

E.  JENINGS 


[From  the  MSS.  Records  of  the  Friends  Monthly  Meetings  in 
Pasquotank  Precinct.] 


At  a monthly  meeting  held  in  Pasquotank  y*  11th  of  ve  first  'month 
170^  friends  met  as  their  manner  is,  to  Inspect  into  y*  affairs  of  y* 
Church  Zachariah  Nixon  and  Elizabeth  Symons  appeared  before  this 
meeting  the  second  time  & declare  their  Intentions  of  taking  Each  Other 
in  Marriage  and  being  approved  of  by  the  said  meeting  are  left  to  their 
liberty  to  take  each  other 

It  is  agreed  on  by  friends  of  this  Meeting  that  the  Monthly  Meetings 
henceforward  be  kept  at  the  Meeting  Houses  at  Symons  Creek  A New- 
begun  Creek  beginning  first  at  Svmon’s  Creek 


COLONIAL  RECORDS. 


68!) 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


GOV.  GLOVER  TO  LORD  BISHOP  OF  LONDON 

Hampton  in  Virginia 
25  Sept  1708 

My  Lord: — 

Beside  ray  own  obligations  of  duty  and  gratitude,  I am  engaged  by 
the  repeated  applications  of  many  of  the  inhabitants  of  this  place,  to 
offer  thanks  for  your  lordship’s  care  over  us,  and  especially  in  behalf  of 
the  parish  of  Pascotank,  where  an  orderly  congregation  lias  been  kept 
together  by  the  industry  of  a young  gentleman  whom  the  parish  em- 
ployed to  read  the  service  of  the  Church,  as  the  law  of  this  place,  for 
want  of  a minister,  doth  direct.  This  gentleman  being  of  an  unblem- 
ished life,  by  his  decent  behavior  in  that  office,  and  by  apt  discourses  from 
house  to  house,  according  to  the  capacities  of  an  ignorant  people,  not 
only  kept  those  he  found,  but  gained  many  to  the  Church  in  the  midst 
of  its  enemies,  insomuch  that  the  Reverend  Richard  Marsden,  waiting 
here  for  a passage  to  South  Carolina,  thought  it  convenient  to  administer 
the  sacrament  of  the  Lord’s  Supper,  which  is  the  first  time  I can  learn 
of  its  being  administered  in  this  poor  country;  this  was  done  on  Trinity 
Sunday,  1706,  and  the  same  day,  forty-five  persons,  infants  and  adults, 
were  baptized. 

If  any  thing,  my  lord,  in  this  life  was  able  to  raise  in  my  breast  a jov 
without  mixture,  it  was  to  see  unbaptized  parents,  with  their  children  in 
their  arms,  offering  themselves  to  Christ,  which  I have  seen,  and  therefore 
I ever  will  rejoice. 

This,  with  the  ad  jacent  parish  of  Carat  nek,  is  now  under  the  care  of 
the  Reverend  James  Adams,  to  their  general  satisfaction,  whom  they 
have  presented  to  the  small  provision  of  £30  per  annum  each,  which  our 
law  appoints.  The  Reverend  William  Gordon  did  not  find  things  in  so 
good  order  in  the  other  two  parishes  of  Chowan  and  Perquimans,  yet  I 
hope  the  account  he  will  give  of  his  reception  will  be  in  some  measure 
satisfactory.  It  lyeth  somewhat  on  me  to  make  an  apology  for  the  vestry 
of  Perquimans,  where  1 live;  it  is  the  place  where  Quakerism  has  mostly 
prevailed,  and  thereby  attended  with  difficulties,  for  which  cause  their 
vestrv  adjourned  their  meeting,  to  have  gained  tin*  little  advantage  of  ray 
company,  till  time  insensibly  slipped  from  them  whilst  I was  engaged  in 
the  unhappy  troubles  which  the  enemy,  alarmed  at  the  coming  over  of 
these  worthy  gentlemen,  has  raised  against  me;  under  which  I still  labor, 


r,oo 


COLONIAL  RECORDS. 


with  patience,  until  the  lords  proprietors  shall  apply  some  remedy  to  the 
present  disorders,  to  whom  I have  faithfully  represented  the  whole  mat- 
ter. By  the  Reverend  William  Gordon,  who  is  the  hearer  hereof  (while 
we  bewail  his  absence  here),  your  lordship  will  have  a more  particular 
account  of  the  state  of  affairs,  as  also  a copy  of  the  act  passed  here  relat- 
ing to  the  Church,  in  which  there  is  one  great  error,  which  was  not  in 
my  power  to  prevent,  viz.,  “the  subjecting  the  clergy  to  be  judged  by  lay- 
men ; ” although  that  clause  was  never  interpreted,  even  by  the  most 
zealous  assertors  of  it,  to  extend  to  a power  of  displacing  those  who  were 
orderly  presented  and  inducted,  but  only  such  as  came  by  chance  and  were 
agreed  with  from  year  to  year,  as  the  manner  has  been  formerly  among 
our  neighbors  of  Virginia.  I shall  only  add  further,  that  that  clause 
had  not  been  thought  of  by  the  composers  of  that  law,  had  not  the  dis- 
orderly behavior  of  Mr.  Brett  given  the  occasion. 

I most  earnestly  beg  your  lordship’s  pardon  for  this  trouble,  and  your 
prayers  for  this  poor  country,  and  in  it  for  me  the  most  unworthy. 

Your  lordship’s  most  dutiful 

And  ever  bounden  servant, 

WILLIAM  GLOVER. 


[B.  P.  R O.  B.  T.  Va.  58.  Virginia  Council.] 


October  the  19th  1708. 

The  Council]  this  day  having  taken  into  consideration  the  several] 
Inquirys  sent  from  the  Right  HonUe  the  Lords  Comm”  for  Trade  which 
were  communicated  to  them  by  Mr  President  agreed  to  the  following  an- 
swers. Viz1 

As  to  that  part  of  the  said  Inquirys  which  concerns  the  removal  of  • 
the  Inhabitants  of  this  Colony  into  our  neighbouring  Plantations  & the 
way  to  prevent  the  same. 

The  Councill  are  humbly  of  opinion  that  the  chief  cause  of  this  Re- 
moval is  the  want  of  Land  to  plant  and  cultivate  the  most  convenient 
Land  yet  unpatented  being  in  pamunky  neck  A on  the  South  side  of 
Blackwater  Swamp,  and  that  shutt  up  by  the  orders  of  the  Government 
this  has  occasioned  many  families  of  old  Inhabitants  whose  former  plan- 
tations are  worn  out  as  well  as  great  number  of  young  people  & servants 
just  free  to  seek  for  settlements  in  the  province  of  North  Carolina  where 
Land  is  to  be  had  on  much  easier  Termes  than  here,  & not  a few  have 


COLONIAL  RECORDS. 


691 


obtained  grants  from  that  Government  of  the  very  same  land  which  they 
would  have  taken  up  from  this,  if  liberty  had  been  given  for  it.  For 
preventing  whereof  it  is  humbly  proposed  that  the  bounds  between  Vir- 
ginia & Carolina  be  settled  as  soon  as  may  be,  and  that  free  liberty  be 
given  to  all  persons  to  take  up  Land  anywhere  within  the  bounds  of 
Virginia  on  the  Terms  mentioned  in  the  Charter  granted  by  his  Majesty 
King  Charles  the  second  and  according  to  the  constant  Custom  of  grant- 
ing Land  in  this  Country  from  the  first  settlement  thereof. 

Another  cauge  of  the  Removal  of  our  Inhabitants  is  the  exemption 
granted  in  most  of  the  proprietary  Governments  for  being  sued  for  debts 
contracted  in  other  places,  this  encourages  a great  many  people  of  uneasy 
circumstances  or  dishonest  inclinations  to  run  thither  to  avoid  their  cred- 
itors & secure  themselves  a safe  retreat,  & even  in  the  Province  of  North 
Carolina  where  Virginia  debts  are  pleadable  there  are  such  difficulties  in 
the  prosecution  thereof,  partly  by  the  distractions  of  that  Country  which 
has  no  settled  Government  & partly  by  the  protection  those  debtors  find 
among  persons  of  the  like  circumstances  & principles  that  it  is  but  lost 
labour  to  sue  for  them. 

* * * * 

As  to  the  Inquiry  how  & in  what  particulars  the  trade  of  this  country 
is  increased  or  decayed  & the  reason  of  such  increase  or  decay. 

It  is  answered  that  there  can’t  be  an  exact  estimate  made  how  much 
Tobacco  is  exported  from  hence,  that  being  best  known  to  the  Honbl® 
Commissioners  of  the  Customs  but  it  is  very  plain  the  production  of  that 
manufacture  has  been  increasing  for  sev”  years,  as  on  the  other  hand  the 
value  thereof  hath  proportionally  decreased,  which  we  conceive  is  occa- 
sioned by  the  great  number  of  negros  imported  and  the  increase  of  the 
Inhabitants,  who  being  only  im ployed  in  that  manufacture,  there  is  much 
more  made  than  can  be  possibly  vended  to  any  advantage.  Another  branch 
of  the  Trade  of  the  Country  is  the  Indian  Trade  for  skins  <&  furrs  in 
which  great  quantitvs  of  Course  Cloths  from  England,  powder,  shott,  gunns, 
hatehetts  etc  have  been  vended  annually,  but  that  Trade  is  now  like  to  Ik* 
totally  wrested  out  of  our  Hands  by  the  Government  of  South  Carolina 
who  under  pretence  that  the  Indian  Nations  with  whom  we  Trade  live 
within  their  Government  take  upon  them  to  seize  the  effects  of  our 
Traders  A to  impose  high  dutys  equall  to  a prohibition  on  all  Commod- 
itys  carried  thither  from  hence,  and  the  like  on  the  skins  brought  back 
this  is  a new  <&  strange  pretence  that  Virginia  who  traded  with  those 
Indians  before  the  name  of  Carolina  was  known  should  be  now  abridged 
especially  since  most  of  the  Indians  with  whom  we  Trade  live  some  hun- 
dreds of  miles  from  anv  of  the  Inhabitants  of  Carolina. 


COLONIAL  RECORDS. 


GS)2 


[H.  P.  R.  O.  B.  T.  Virginia.  Vol.  13.  0.  24. — Extracts.] 


COLONEL  JENINGS,  PRESIDENT  OF 
VIRGINIA  TO  LORDS  OF 


THE  COUNCIL  OF 
TRADE. 


Virginia  November  y6  27th  1708 

May  it  please  yor  Lordships 

******** 
**********  * * 
As  to  the  number  of  Inhabitants  of  this  Her  Majesty’s  Colony,  ac- 
cording to  the  list  of  Tithables  taken  this  year  (wch  is  the  best  way  to 
Judge  of  their  number)  I have  computed  the  labouring  Tithable  persons 
to  be  about  thirty  thousand,  whereof  about  twelve  thousand  Negros,  the 
rest  being  almost  all  Free  men;  for  the  number  of  white  servants  is  so 
inconsiderable,  that  they  scarce  deserve  notice,  so  few  having  been  im- 
ported since  the  beginning  of  this  War.  So  that  by  comparing  the  pres- 
ent List  with  those  of  former  years,  the  number  of  Tithable  persons 
(among  which  are  included  all  masters  of  familys  and  their  male  chil- 
dren above  the  age  of  sixteen)  have  increased  within  these  three  years 
about  three  thousand,  partly  by  the  Natives  coming  of  age,  but  chiefly 
by  the  importation  of  Negros.  It  is  possible  that  when  yor  Lordships 
shall  compare  this  Estimate  with  the  List  of  Negros  imported  <4‘  late 
(woh  in  obedience  to  your  Lordships  commands  1 have  sent  in  another 
Letter)  vor  Lordships  may  be  induced  to  expect  a far  greater  encrease  to 
our  number,  but  to  satisfy  your  Lordships  therein  I beg  leave  to  ac- 
quaint yor  Lordships,  that  besides  the  distempers  usual  among  new 
Negros  wch  carry  off  not  a few  of  them,  many  of  our  poorer  sort  of 
Inhabitants  daily  remove  into  our  neighboring  Colonies,  especially  to 
North  Carolina  which  is  the  reason  that  the  number  of  our  Inhabitants 
doth  not  increase  proportionally  to  what  might  be  expected. 

My  Lords 

Your  Lordps  most  obedient  Serv‘ 

E.  JENINGS 


COLONIAL  RECORDS. 


693 


[B.  P.  R.  O.  B.  T.  Virginia.  Voi..  13.  O.  21.] 


LETTER  FROM  COLONEL  JENINGS,  PRESIDENT  OF  THE 
COUNCIL  OF  VIRGINIA  TO  LORDS  OF  TRADE. 

Virginia  November  y®  27th  1708 

May  it  please  yor  Lordsps, 

It  was  the  11th  of  last  moneth  and  the  Fleet  then  sailed,  before  I had 
the  honor  to  receive  yor  Lordships  of  the  15th  of  April  concerning  the 
Negro  Trade  Since  which  I have  endeavoured  bv  the  means  of  the  proper 
officers,  and  the  informations  of  the  ancient  Inhabitants,  to  answer  Yor 
Lordps  Commands,  and  in  Order  thereto  have  herewith  sent  vor  Lordships 
an  account  of  all  the  Negros  imported  into  this  Colonv  from  the  24th  of  J line 
1699  to  the  12th  of  October  last  past  distinguishing  those  imported  by  the 
Royal  African  Company  (679),  and  those  by  seperate  Traders  (5928), 
wherein  yor  Lordships  will  perceive  the  latter  have  had  much  the  greater 
Share.  As  to  the  particular  Rates  at  which  those  Negros  have  been 
sold,  they  have  been  variable  according  to  the  different  times  of  their 
coming  in  and  the  quality  & ages  of  the  Slaves,  but  the  medium  for  men 
& women  may  be  reckoned  from  20  to  30  pounds  a head  for  those  sold 
by  the  Company  A from  20  to  35£  a head  for  the  like  kinds  sold  by  the 
septate  Traders,  who  in  gen"  have  sold  theirs  at  a higher  rate  than  the 
Company. 

How  the  Country  was  supplved  with  Negros  lie  fore  tin1  Trade  to  Af- 
rica was  laid  open  in  the  year  1698.  I have  endeavoured  to  Inform  my 
Self  from  some  ancient  Inhabitants  conversant  in  that  Trade  as  well  as 
by  recollecting  what  hath  happened  in  mv  own  knowledge,  A find  that 
before  the  year  1680  what  negros  were  brought  to  Virginia  were  imported 
generally  from  Barbados  for  it  was  very  rare  to  have  a Negro  ship  come 
to  this  Country  directly  from  Africa  since  that  time,  and  before  the  year 
1(598.  the  Trade  of  Negtos  became  more  frequent,  tho  not  in  any  propor- 
tion to  what  it  hath  been  of  late,  during  which  the  Affriean  Company 
sent  several  Ships  and  others  by  their  Licence  (as  I have  been  informed) 
having  bought  their  Slaves  of  the  Company  brought  them  in  hither  for 
Sale,  Among  which  I remember  the  late  Alderman  Jeff'rvs  A Sr  Jeffry 
Jettrys  were  principally  concerned,  but  all  this  time  the  price  of  the 
Negros  was  currant  from  £18  to  25  per  head  for  men  and  women  A never 
exceeded  that  Rate.  Whether  the  opening  the  Trade  to  Africa  having 
created  an  Emulation  between  the  Company  and  the  Seperate  Traders 


COLONIAL  RECORDS. 


(594 


which  should  outbid  the  other  in  the  purchase  of  their  Slaves  there,  or 
whether  the  dexterity  of  their  Factors  there  iu  taking  advantage  of  the 
prevailing  humour  of  our  Inhabitants  for  some  years  past  of  buying 
Negros  even  beyond  their  abilities,  or  the  Concurrence  of  both,  hath 
raised  the  Rates  of  Negros  so  extravagantly  I shall  not  pretend  to  de- 
termine but  this  1 may  venture  to'  say  that  it  will  be  much  harder  to 
lower  the  price  again  now  tis  raised  unless  there  be  the  same  Freedom  of 
Trade  continued  as  formerly  for  tin*  the  Inhabitants  of  this  Country  in 
gen"  will  not  be  so  fond  of  purchasing  Negros  as  of  late  being  sensibly 
convinced  of  their  Error  which  has  in  a manner  ruined  the  Credit  of  the 
Country  vet  there  will  still  be  some  that  must,  A others  that  will  at  any 
rate  Venture  to  buy  them,  & if  the  Company  alone  have  the  Manage- 
ment of  the  Trade,  they’l  find  pretences  enough  to  keep  up  the  price  if 
not  to  impose  what  higher  rate  they  please,  which  the  buyer  must  sub- 
mit to,  knowing  he  cannot  be  supplyed  by  any  other  hand.  As  for  Ves- 
sells  trading  directly  from  this  place  to  the  Coast  of  Africa  1 never  knew 
of  any  nor  is  the  same  practicable  this  Country  not  being  provided  with 
Comoditys  suitable  for  carrying  on  such  a Trade.  This  is  the  best  ac- 
count I am  able  to  give  in  Answer  to  yor  Lordships  Commands,  wherein 
if  I have  failed  or  mistaken  in  any  point  I beg  yor  Lordships  favourable 
Construction  thereof  Since  I can  with  truth  assure  your  Lordships  that 
no  man  hath  a greater  Desire  to  serve  yor  Lordships  than 
My  Lords 

Your  Lordships 

most  obedient  servant 

E.  JENINGS 


[B.  P.  R.  O.  North  Carolina.  B.  T.  Vol:  4.  p.  158.] 


His  Excellency  William  Lord  Craven  Palatine.  The  most  Noble  Henry 
Duke  of  Beaufort.  The  Right  Honble  John  Lord  Carteret.  The 
Honble  Maurice  Ashley  Esq1  Sr  John  Colleton  Bar1  John  Danson  Esqr 
and  the  rest  of  the  true  and  absolute  Lords  Proprietors  of  the  Province 
of  Carolina. 

To  Our  Trusty  and  Well  beloved  Edward  Tynte  Esqr  Governor  of  our 
province  of  North  and  South  Carolina 

W ee  the  said  true  and  absolute  Lords  proprietors  of  the  province  afore- 
said. Reposing  Special  trust  and  confidence  in  the  Courage  Loyalty  and 


COLONIAL  RECORDS. 


695 


prudenceof  you  our  said  Governo'  Do  hereby  constitute  and  appoint  you  the 
said  Colonel  Edward  Tvnte  during  Our  pleasure  Governor  of  our  whole 
province  of  South  and  North  Carolina  and  you  are  to  do  and  execute  all 
things  in  due  manner  that  shall  belong  to  you  Command  Or  the  Trust 
we  have  Reposed  in  you  according  to  the  several  powers  and  directions 
granted  and  appointed  you  by  this  present  Commission  <fc  Our  Instruc- 
tions And  by  such  further  powers  & instructions  as  shall  at  any  time 
hereafter  be  Granted  and  appointed  you  vnder  our  handes  and  seals  ac- 
cording to  such  reasonable  Laws  & Statutes  as  already  have  been  Ratified 
and  confirmed  by  vs  or  hereafter  shall  be  made  and  agreed  upon  bv  you 
with  ve  advice  and  consent  of  Our  Deputies  and  General  Assemblies  of 
our  said  province  or  any  part  thereof  wherein  there  is  a distinct  Goverm* 
And  we  do  hereby  further  Impower  Constitute  and  appoint  you  our  said 
Governor  To  be  Admiral  Captain  General  and  Commander  in  Chief  of 
all  the  Forces  Raised  or  to  be  Raised  both  by  Sea  and  Land  within  Our 
said  province  and  over  them  to  appoint  a Lieutenant  General  or  Lieu4 
Generals  Vice  Admiral  or  Vice  Admirals  both  in  South  and  North  Caro- 
lina And  over  such  Forces  aforesaid  to  appoint  all  Officers  whatsoever 
and  them  to  amove  and  remove  at  your  will  and  pleasure  and  to  cause 
the  said  Forces  to  be  exercised  in  Arms  as  often  as  you  shall  see  fit  And 
we  hereby  give  you  full  power  and  authority  to  appoint  Governors  and 
Lieutenants  and  other  Officers  as  well  of  our  Town  & Citadell  of  Charles 
Town  as  of  all  other  Castles.  Forts  and  all  other  places  fortified  or  to  be 
Fortified  within  our  said  province  and  to  do  all  other  things  as  to  a Cap- 
taine  General  or  Commander  in  Chief  doth  belong  And  We  do  herebv 
further  Authorize  and  Impower  you  by  and  with  y®  advice  and  consent 
of  any  four  of  Our  Deputies  and  Generali  Assembly  to  Repeal  or  alter 
any  Laws  whatsoever  in  Our  said  province  as  shall  be  thought  fit  to  be 
changed  and  to  enact  all  such  reasonable  Laws  and  Statutes  for  the  better 
Government  of  Our  sd  province  as  you  with  the  advice  and  consent  of 
any  four  of  our  Deputies  and  the  General  Assembly  shall  think  fit  and 
expedient  provided  such  Laws  be  not  repugnant  to  the  Laws  of  England 
nor  invading  of  any  the  prerogatives  Royal  Granted  to  us  by  Our  Char- 
ter and  we  do  herebv  authorize  and  Impower  von  in  case  of  vr  departure 
from  thence  to  appoint  a Deputy  Governor  A Governors  in  South  or 
North  Carolina  with  such  powers  as  you  shall  think  necessary  Provided 
the  same  be  agreeable  to  and  do  not  exceed  those  by  us  Granted  to  your- 
self and  to  constitute  and  appoint  all  and  singular  Officers  and  Offices  in 
and  Government  of  Our  said  province  during  your  pleasure  and  the 
pleasure  of  us  the  Lords  propriet"  And  We  do  further  give  you  full 


COLONIAL  RECORDS. 


606 


power  and  authority  with  the  advice  and  consent  of  anv  four  or  more  of 
Our  Dc,  tuties  to  Grant  <fc  sell  our  Lands  in  fee  both  in  South  and  North 
Carolina  after  the  rate  of  2()£  for  every  1000  acres  and  with  the  yearly 
<|iiit  rent  or  acknowledgem1  for  ever  to  us  and  our  heirs  of  10s  payable 
for  such  1000  acres  And  also  to  Sell  Lett  Our  Lands  not  exceeding 
640  acres  to  any  one  person  in  that  part  of  our  province  call4  South 
Carolina.  Reserving  only  one  penny  yearly  for  each  acre  And  in  N 
Carolina  reserving  only  one  half  penny  for  each  acre  to  us  <fc  our  Heirs 
for  ever  and  to  let  Lands  in  that  part  of  our  province  reserving  a quit 
rent  of  an  halfpony  an  acre  And  We  hereby  Impower  you  to  Escheat 
Land  and  afterwards  to  Lett  it  for  Rent  or  sell  the  same  for  our  use 
Lastly  We  do  hereby  revoke  repeal  and  make  void  all  former  Commis- 
sions whatsoever  by  us  given  to  any  former  Governor  or  President  of 
Our  said  Province  of  Carolina  or  any  part  thereof  Given  under  Our 
hands  and  the  Great  Seale  of  Our  Province  at  Craven  House  this  ninth 
day  of  December  One  thousand  seven  hundred  & eight 


CRAVEN  Palatine  BEAUFORD  , 
CRAVEN  for  the  Ld  CARTERET  {“"mu"™! 


M ASHLEY 
J COLLETON 
M ASHLEY 

for  JOS  BLAKE 
JOHN  D ANSON 


[From  Pollock’s  Letter  Book.] 


* * * * President  Glover’s  writ  for  choosing  Assembly  men  be- 

ing read  by  the  Deputy  Marshal  Daniel  Halsy,  and  Col  Cary’s  writ  like- 
wise read  by  one  Robt  Fendale  whom  Col  Carv  had  appointed  for  that 
end,  the  people  went  to  electing:  and  five  being  chosen,  the  electors  were 
polled,  being  ninety  four,  and  those  against  them  being  likewise  polled 
were  only  sixty  five,  counting  several  that  were  but  boys  and  otherwise 
unqualified.  Notwithstanding  which  fair  election,  Mr  Moseley  not  ap- 
proving of  the  choice,  he  with  those  others  being  in  all  but  sixty  five, 
would  needs  name  other  five  by  themselves,  and  Mr  Moseley  and  some 
others  of  his  party  making  all  the  confusion  they  could  in  the  time  of 
election,  and  endeavouring  to  stir  up  strife  and  quarrels  among  the  peo- 
ple, which  if  Col  Pollock  (being  on  a plantation  of  his  that  joined  on 
the  election  field)  had  not  hindered  and  pursuaded  the  people  to  keep  the 
peace,  would  have  ended  in  blows. 


COLONIAL  RECORDS. 


»i!l7 


On  the  eleventh  of  October  the  assembly  men  met  at  Captain  Heekle- 
ttelds,  nine  coming  for  Chowan  precinct,  five  of  which  were  returned  bv 
the  Deputy  Marshall,  as  chosen  by  the  majority,  with  the  electors’  names, 
being  ninety  four:  and  Robert  Fendall  whom  Col  Cary  had  appointed 
. . . . returned  both  the  five  chosen  by  the  majority:  also  the  other  five 
chosen  by  Mr  Moseley  and  his  party,  being  but  sixty  five,  including  boys 
and  all,  four  of  this  last  five  only  appearing ; the  other,  thinking  his 
election  not  to  be  legal  stayed  at  home.  all  the  nine,  presently  on 

their  meeting,  were  commanded,  by  the  rest,  out  of  the  House,  and  then 
immediately  the  four  chosen  by  Mr  Moseley  and  his  party  called  in  again, 
Mr  Moseley  himself  being  one  of  them ; and  the  other  five  who  were 
chosen  by  the  majority  were  forcibly  kept  out;  and  could  not  so  much  as 
hear  what  they  had  to  say ; and  then  chose  Mr  Moseley  speaker,  and 
presented  him  to  Col  Cary  and  his  pretended  council. 

Indeed  it  could  not  be  expected  otherwise,  there  being  but  twenty  six 

assembly  men  in  all,  so  but  twenty  one,  of  which  21  eight 

the  Law  requires county  of  Rath  whose  interest  it  was  to 

stand  by  Col  Cary,  for  fear  of  being  called  to  account  for  that  seditious 
Petition  before  mentioned ; and  two  or  three  of  the  other  seven  from 
Pasquotanke  of  the  Quaker’s  choosing  them,  so  that  the  five  from  Cure- 
tucke  could  do  nothing  against  all  the  rest,  only  some  of  them  left  the 
assembly  Then  the  instrument  of  writing,  or  Commission,  from  the  Lords 
Proprietors,  that  Mr  Porter  brought  from  England,  aforementioned  being 
laid  before  the  pretended  assembly,  after  having  heard  it  read,  they  car- 
ried it  by  vote,  that  the  Lords  Proprietors  had  not  only  by  that  writing 
suspended  the  Law  made  in  Col  Carys  time  before  mentioned,  that  laid 
a fine  on  any  person  that  should  promote  ( own)  Election,  and  not 
qualify  himself  et  eet:  but  also  that  the  Lords  Proprietors,  by  the  said 
writing  had  suspended  likewise  that  Law,  made  in  Col  Daniels  time  be- 
fore mentioned,  which  requires  all  person  in  any  plaee  of  trust  or  profit 
to  qualify  themselves  as  the  law  requires  et  eet.  which  Law  is  not  in  the 
least  mentioned  in  the  said  writing.  And  they  might  even  as  well  (have) 
voted  and  all  this  was  voted  and  and  acted  before  qualifying  themselves, 
clearly  contrary  to  the  statute  made  the  20th  of  Charles  ID  cap  I But 
they  took  little  notice  of  Laws  or  Statutes 

Now  by  the  articles  of  agreement  the  Assembly  were  to  determine  who 
had  the  most  right  to  the  Presidentship:  Col  Gary  and  his  Council  keep- 
ing in  one  room,  and  President  Glover  and  his  Council  in  another  room  : 
and  Col.  Daniel,  by  being  a Landgrave,  having  a right  to  sit  in  the  upper 
House  with  the  Deputies,  used  sometimes  with  Col  Cary  in  his  room, 
84 


COLONIAL  RECORDS. 


<>1*8 


but  mostly  with  President  Glover,  being  fully  pursuaded  of  his  right  to 
the  Government. 

President  Glover,  not  to  be  wanting  to  himself,  put  in  the  following 
writing  or  protest  to  the  pretended  assembly,  delivering  it  to  one  of  the 
Assembly  men,  (it)  being  as  follows. 

“ In  order  to  the  settling  this  Government  in  peace,  and  to  put  Her 
Majesty’s  Laws  in  execution  according  to  the  true  intent  and  meaning  of 
the  agreement  between  the  Hon.  Thomas  Pollock  and  Col.  Thomas  Cary, 
it  is  absolutely  necessary,  and  I do  require,  that  the  Gentlemen  returned 

on  the  Elections  should  choose  themselves  a Speaker,  and  qualify 

according  to  law.  and  I said  members  be  made  to  an 

Assembly  not  to  a number  of  persons  coming  together,  no  body  knows 
who.  Besides  it  is  contrary  to  all  Law,  reason,  and  in  a very  high  de- 
gree derogatory  to  the  Queen’s  Royal  Prerogative,  and  a betraying  of 
the  trust  reposed  in  the  Lords  Proprietors  by  the  Crown,  to  submit  the 
determinations  of  the  Government  to  any  number  of  men  howsoever 
chosen  and  delegated,  though  by  the  unanimous  voice  of  tin*  whole  coun- 
trys  Except  such  persons  shall  first  acknowledge  their  allegiance  to  tin* 
Queen,  which  both  the  Common  Law  and  tin1  Statute  Law  requires  to 
be  done  by  an  oath  : with  which  Law  the  Queen  hath  not,  and  the  Lords 
Proprietors  can  not  dispence.  For  in  doing  otherwise  we  may  give  the 
Government  up  to  be  disposed  by  persons  who  are  traitors  to  the  Queen, 
or  maintain  the  right  of  the  pretended  Prince  of  Wales,  and  then  to  such 
an  Assembly  I undertake  to  prove  three  things:  First,  that  I am  the 
lawfull  President  of  Her  Majesty’s  Council,  and  that  the  Execution  of 
their  Lordships’s  commission  does  belong  to  me  and  no  other;  Secondly; 
that  Col  Thomas  Carv  is  not  President  nor  hath  been  lawfully  possessed 
of,  or  is  invested  with  any  power  of  Government  in  this  place  since  his 
departure  to  South  Carolina;  Thirdly:  that  though  the  power  of  pro- 
ceeding should  extinguish  in  me  by  death  or  Command  of  the  Lords 
proprietors,  the  said  Col  Thomas  Cary  is  not  qualified  to  be  Elected  Pres- 
ident, or  to  exercise  any  such  power.  But  if  the  Gentlemen  now  met 
together  do  assume  to  themselves  an  arbitrary  power  to  proceed  by  any 
other  method,  I do,  in  behalf  of  our  Sovereign  Lady  the  Queen,  His 
Excellency  the  Palatine,  and  Lords  Proprietors,  and  of  this 

Province  of  North  Carolina,  protest  against  all  such  proceedings ; and  do 
as  President  of  the  Council  and  Commander  in  Chief  of  this  Province, 
bv  virtue  of  the  Lords  Proprietors  commission,  and  with  the  advice  of  the 
council  declared  by  proclamation  dated  the  13th  of  May  Anno  1708,  strictly 
charge  and  command  all  magest rates,  commanders,  and  officers  both  mil- 


COLONIAL  RECORDS. 


699 


itary  and  civil,  and  all  other  His  Majesty’s  loving  subjects,  not  be  aiding 
or  assisting  in  any  such  arbitrary  power,  as  they  will  answer  the  con- 
trary at  their  peril.  Given  under  my  hand  and  seal  11th  day  of  October 
in  the  seventh  year  of  the  reign  of  our  Sovereign  Lady  Queen  Ann  of 
Great  Britain  &<■  anno  1708. 

And  for  as  much  as  by  your  irregular  and  nnlawfnll nation 

in  a matter  of  such  consequence,  I do  (in  the  name)  of  our  Sovereign 
Lady  the  Queen,  His  Excellency  the  palatine,  and  Lords  Proprietors  of 
th is  Province  of  North  Carolina,  and  freeman  of  the  same  and  in  my 
own  behalf,  protest  against  all  you  have  done  or  shall  do  against  me  or 
to  my  prejudice  and  against  anything  acted  or  done  under  my  adminis- 
tration, and  because  Col.  Thomas  Cary  hath  publickly  threatened  and 
avowed  sureptitiously  and  without  form  of  law  to  take  away  my  life, 
and  the  lives  of  others  that  have  in  pursuance  of  their  duty  been  aiding 
and  assisting  to  me  in  maintaining  the  Queen’s  peace  in  this  Government, 
1 do  therefore  in  behalf  of  myself  and  them  and  every  of  them,  appeal 
to  our  Sovereign  Lady  the  Queen  in  Her  Courts  at  Westminster;  and 
do  offer  myself  as  the  Queen’s  prisoner,  to  be  sent  in  chains  if  the  mat- 
ter so  require,  to  the  Governor  Generali  of  Carolina,  and  thence  to  Her 
Majesty’s  Courts  at  Westminster:  Provided,  that  the  said  Col.  Cary  and 
Mr  John  Porter,  who  have  been  the  chief  instruments  of  these  unhappy 
troubles,  will  be  obliged  with  good  security  in  the  sum  of  two  thousand 
pounds  personally  there  to  appear  and  prosecute  me. 

Dated  the  day  and  year  above  said. 

To  the  Gentlemen  met  and  pretending  Wm  GLOVER 

themselves  to  be  the  House  of  Burgesses  J 

This  protest  was  returned  to  President  Glover  by  same  member  of  the 
Assembly  to  whom  he  delivered  it,  with  the  pretended  Assembly’s  an- 
swer, that  they  would  not  concern  themselves  in  that  matter. 

Now  as  for  the  Counties  qualifying  themselves,  Col.  Carv,  Mr  Porter, 
and  Mr  Foster  took  the  Oaths  according  to  Law.  But  the  Quakers 
would  shew  themselves  singular  coming  to  the  table  in  the  Council  with 
their  hats  on,  laid  their  hand  on  the  book  and  repeating  the  words  of  the 
Oath,  except  the  word  swear,  which  they  would  not  pronounce,  but  word 
Declare  instead  thereof,  and  then  having  had  their  explanation  of  the 
sense  and  meaning  in  which  they  took  it  entered  underneath  they  signed 
it,  without  kissing  the  book,  and  declaring  they  would  allow  that  sense 
and  explanation  of  theirs  and  no  other 


TOO 


COLONIAL  RECORDS. 


[From  Pollock’s  Letter  Book.] 


A Copy  of  a Letter  to  Mr  Gordon  Minister  at  Chowan,  inclosed  in 

Mr  Glover’s  Letter,  to  be  sealed  and  delivered  to  him  at by  him 

Sir 

Since  yon  went  from  us,  confusion  and  disorder  have  proceeded  in  their 
full  course,  of  which  President  G(lover)  can  give  you  a full  account,  and 
I doubt  not  the  justness  of  the  cause.  The  zeal  you  have  for  religion, 
and  the  charity  you  have  for  the  souls  of  the  people  of  North  Carolina, 
who  are  now  (covered)  with  the  dark  clouds  of  Quakerism,  envy  and 
ignorance,  will  prompt  you  to  use  your  utmost  endeavorer  to  be  helpful, 
what  you  can,  to  dispel  the  aforesaid  clouds,  that  again  we  may  enjoy 

the  sunshine  of  religion  justice  and  order.  With  you I should 

then  be  highly  pleased  to  enjoy  the of  your  company  here,  and 

you  may  assure to  command  all  that  lies  in  my  power.  1 would 

entreat  the  favour  of  you  to  acquaint  me  bv  all  of  the  proceedings  in 

that  affair,  with infinitlv  oblidge 

Yr  T.  P. 

Sir 

Please  to  direct  your  letters  for  me  to  be  left  at  Mr  Mingo  Engliss’s, 
at  Queen’s  Creek,  near  York  River  Mr  -Janies  Wallace,  Minister  at  Kro- 
atan  (?)  or  Capt  Richard  Exum’s  (?)  near  Nansemond  river. 


Sir,  Yr 


T.  P. 


[From  N.  C.  Letter  Book.  S.  P.  G.] 

CHURCHWARDENS  OF  CHOWAN  PRECINCT  TO  THE 

SOCIETY 

Right  Honorable 

That  the  blessed  effects  of  your  Lordships  pious  and  generous  favours 
and  noble  distributions  have  found  their  way  into  this  poor  province  into 
this  remote  and  obscure  corner  of  the  world  requires  our  highest  admira- 
tion and  gratitude  by  which  it  is  evident  to  all  mankind  that  no  part  of 
the  Christian  World  how  mean  or  obscure  can  possibly  escape  being  made 
partakers  of  your  Lordship’s  Bounty  and  care,  a blessing  so  choice  and 
valuable  and  an  obligation  so  great  (if  duly  considered)  as  might  suffi- 
ciently excite  the  most  obdurate  and  impeintable  wretches  to  a true  sense 
and  knowledge  of  their  duty.  My  Lords,  We  therefore  conceive  it  the 
least  part  of  our  duty  by  this  happy  opportunity  to  pay  the  reasonable 


COLONIAL  RECORDS. 


70] 


tribute  of  our  humble  and  unfeigned  thanks  for  your  Lordship’s  gener- 
ous Christian  and  affectionate  remembrance  of  us,  in  your  present  of 
Books  by  the  Reverend  Mr  William  Gorden,  a gentleman  every  way  duly 
qualified  to  perform  an  embassage  from  such  Honorable  Employers,  who 
hath  not  only  discharged  his  trust  in  the  delivery  of  them,  but  likewise 
annexed  his  advice  thereto,  and  during  his  short  stay  amongst  us  hath 
indefatigably  employed  his  time  and  talent  in  promoting  the  Interest  of 
Religion  throughout  this  province,  but  more  particularly  in  this  precinct 
where  we  have  so  far  as  in  us  lies  engaged  him  to  ourselves,  and  shall 
impatiently  wait  for  his  return. 

My  Lords,  our  most  hearty  and  sincere  wishes  are  that  we  and  all 
others  partakers  of  your  Lordship’s  Bounty,  may  in  some  degree  be 
found  worthy  of  so  eminent  blessings:  May  future  ages  never  want  such 
renowned  heroes  to  defend  their  Christian  Cause,  may  your  Lordship  be 
blessed  with  a happy  and  flourishing  posterity  to  inherit  your  Lordship’s 
virtues  and  since  your  Lordships  are  most  deservedly  plaeed  in  Honora- 
ble stations  on  earth,  may  the  mansions  of  Saints  and  Angels  be  your 
portion  in  Heaven ; may  on  constant  scene  of  health  and  happiness  at- 
tend your  Lordships  throughout  their  vale  of  tears  to  your  everlasting 
home  is  the  most  fervent  prayers  of 
My  Lords 

Your  Lordships  most  obliged 
most  humble  and  most 
affectionate  Servant 

JNO  ARDEANE  \ Church 
THO:  GARRETT  j Wardens 


1709. 


[From  the  Vestry  Book  ok  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a 
170$ 


Vestry  held  at  the  Chapell  on  Thursday  the  2 7th  of  Fobi° 


Present. 


John  Ardern  Esqr 
Mr  John  Blount 
Cap*  Thomas  Luton 
Cap*  Ni<‘h'  Crisp 
Cap*  James  Long 


Mr  Thomas  Garret. 

Mr  Edward  Smith  wick 
Mr  Wm  Banbury 
Mr  Wm  Charleton 
Mr  Edward  Moseley. 


702 


COLONIAL  RECORDS. 


Thomas  Garrett  and  John  Artiom  being  this  Day  dismist  from  the 
office  of  Church  Wardens  adjusted  tlieir  accounts  with  the  Vestry  which 
stands  as  f'olloweth:  Viz1 


Publick  Dr.- 


£ 

s 

D 

Widow  Dick’s  Claim 

2: 

0 

0 

Wm  Walston 

I: 

10 

0 

By  M”  Blount 

2: 

0 

0 

By  John  Ardern  Sterling 

0: 

5 

0 

^ Mr  Gordon 

8: 

0 

0 

a late  Demand  of  Mr  Gordon 

1: 

0 

0 

Mr  Gordon’s  Expenses  about  the  books 

0: 

15 

0 

Richd  Booth 

o. 

o. 

0 

0 

Cr. 

£ 

s 

D 

^ Curretuck  and  Pasquotanck  Fines 

1: 

10:  0 

1$  Bal lance  of  Widow  Dick’s  account 

By  500  feet  of  Inch  board  by  Mr  Smithwick  towards 

1: 

laying 

19 

2 

the  Floor 

2: 

10 

0 

But  if  the  payment  of  the  said  three  pounds  he  found  a mistake.  Its 
to  he  refunded  back — Mr  Griffin  £20:  Os:  Od 

Ordered  that  the  Collector  of  this  precinct  do  collect  from  each  Tyth- 
able  the  sum  of  two  shillings  and  Nine  Pence,  which  rise  sufficient  to 
pay  the  publick  Debts  here  mentioned  and  will  advance  the  sum  of  twelve 
pounds  towards  the  beautifying  of  the  Chappell  over  and  above  the  charge 
of  the  Collection. 

Ordered  that  Mr  Edward  Smithwick  do  with  all  reasonable  expedition, 
deliver  the  Standard  now  in  his  custody  into  the  care  of  Mr  Nicholas 
Crisp  he  living  more  convenient  to  the  precinct. 

Ordered  that  Mr  John  Linnington  be  constituted  Clerk  of  the  Vestry, 
and  be  allowed  for  each  days  attendance  five  shillings  to  be  paid  by  the 
publick. 

Ordered  that  the  way  and  method  of  beautifying  the  Church  be  left  to 
Descretion  of  the  Church  Wardens  for  the  year  ensuing  Viz  enlarging 
repairing  etc 

Ordered  that  Edward  Moseley  Esq  and  Majr  Luten  be  appointed 
Church  Wardens  for  the  year  ensuing  and  have  taken  there  places  accord- 
ingly. 


COLONIAL  RECORDS. 


703 


fB.  P.  R.  O.  B.  T.  Virginia.  Vol:  40.  p.  258.1 


LORDS  OF  TRADE  TO  THE  QUEENS  MOST  EXCELL1 

MAJESTY 

14th  March  17(>f. 

May  it  please  your  Majesty 

For  prevention  of  further  disputes  y*  may  happen  between  your  Maj- 
esties Provinces  of  Virginia  and  Carolina,  in  regard  to  their  Boundaries; 
we  having  by  our  Representation  to  vour  Majesty  of  the  1th  of  Febru- 
ary last,  humbly  proposed  that  the  said  Boundaries  be  settled,  and  that 
Commissioners  duly  qualified  be  respectively  appointed  on  the  part  of 
each  of  these  Governments,  with  full  powers  to  take  Depositions,  to  sur- 
vey or  cause  a survey  to  be  made  of  the  lands  *in  dispute  A to  do  what 
may  be  further  necessary  for  the  better  ascertaining  and  fixing  the  said 
Bounds  by  a line  or  lines  of  Divition  to  lie  drawn  between  the  said  Prov- 
inces; and  we  having  therein  further  proposed  that  the  Lords  Proprie- 
tors of  Carolina,  do  oblige  themselves  (bv  a clause  to  be  inserted  in  the 
Commission  to  be  by  them  given,  or  by  some  other  Instrument  in  Writ- 
ing) in  ease  the  said  Commissioners  do  not  within  a reasonable  time  (to 
be  ]) refixed)  settle  the  said  Boundaries,  to  submit  the  Determination  of 
that  matter  to  your  Majesty.  Your  Majesty  was  thereupon  pleased  by 
your  Order  in  Council  of  the  13th  February  last  to  direct  us  to  propose 
to  the  said  Lords  Proprietors  of  Carolina,  the  Issuing  of  such  a Com- 
mission as  aforesaid. 

In  obedience  whereunto  we  forthwith  write  to  the  Lords  Proprietors  of 
Carolina  and  have  now  received  their  answer,  the  purport  whereof  is,  that 
they  have  appointed  John  Lawson  and  Edward  Moselv  Esq”  to  be  Com- 
missioners on  the  part  of  Carolina  for  surveying  the  lands  in  dispute 
and  settling  the  Boundaries  as  aforesaid.  And  in  their  said  answer  they 
do  further  declare,  that  they  are  willing  in  case  of  any  dispute  between 
the  said  Commissioners  and  those  on  the  part  of  your  Majesties  Colony 
of  Virginia  to  submit  the  same  to  your  Majesties  Decision. 

Wherefore  we  humbly  offer,  that  your  Majesties  Royal  Letters  Mand- 
atory, be  sent  to  the  Governor  or  Commander  in  Chief  of  the  said  Col- 
onv  of  Virginia  for  the  time  being,  directing  him  in  concurrence  with 
the  Councill  there  to  issue  out  a Commission  under  the  seal  of  the  Col- 
ony, thereby  constituting  and  appointing  two  fit  and  able  persons  to  be 
Commissioners  on  the  part  of  Virginia  to  act  in  conjunction  with  the 


COLONIAL  RECORDS. 


704 


Commissioners  appointed  on  the  part  of  Carolina,  for  the  purpose.*-  be- 
fore mentioned  and  requiring  the  said  Governor  or  Commander  in  Chief 
for  the  time  being  to  transmit  to  your  Majesty  under  the  seal  of  the  Col- 
ony an  account  of  such  Commissioners  Proceeding  for  your  Majesty’s 
further  pleasure  therein 

Your  Majesty  having  thought  fit  by  your  said  order  in  Council]  to 
refer  the  consideration  of  the  charges  of  such  Commission  and  Commis- 
sion1'8 to  the  Right  Honble  the  Lord  High  Treasurer  whatever  your  Royal 
Pleasure  shall  be  therein.  We  beg  leave  most  humbly  to  propose  that 
the  same  be  likewise  signified  to  the  Governor  or  Commander  in  C’heif 
of  the  said  Colony  for  the  time  being 
All  which  is  most  humbly  submitted 
STAMFORD. 

PH:  MEADOWS. 

Whitehall 
March  14th  170f. 


[B.  P.  R.  O.  B.  T.  Vol.  4.  p.  162.] 


ADDITIONAL  INSTRUCTIONS  TO  COLONEL  EDWARD 
TYNTE  GOVERNOR  OF  SOUTH  & 

NORTH  CAROLINA 

Whereas  by  the  Second  Article  of  Our  foregoing  Instructions  in  rela- 
tion to  the  several  Laws  concerning  the  Trade  and  Navigation  of  this 
Her  Maj48  Kingdom  of  great  Britain  and  her  Colonies  and  plantacons  in 
America.  You  the  said  Edward  Tvnte  Esqr  are  required  to  take  Care, 
and  give  charge  that  no  Goods  or  Comodities  whatsoever  be  Imported 
into  or  Exported  out  of  Our  province  of  Carolina  in  any  Ship  or  Yes- 
sells  but  in  such  whereof  the  Master  and  three  fourths  of  yB  Marriners 
at  least  are  English  and  whereas  bv  a Clause  in  an  Act  passed  in  the  r>rd 
vear  of  her  Maj48  Reign  Intitutled  an  Act  for  Raising  Recruits  for  the 
Land  Forces,  and  Marines  and  for  Dispeneing  with  part  of  the  Act  for 
Encouragm4  and  increase  of  Shiping  and  Navigation  during  the  present 
War  (Copy  whereof  von  will  herewith  receive)  it  is  Enacted  that  during 
the  present  War,  and  no  longer,  the  Number  and  proportion  of  Marri- 
ners to  sail  in  such  Ships  or  Vessel  Is  which  by  Laws  now  in  force  are 
limitted  to  the  Master  <fc  three  fourths  of  the  Marriners  to  be  English 


JN°  PULTENEY. 
ROB4  MONCKTON. 
CHA:  TURNER. 


COLONIAL  RECORDS. 


705 


shall  be  enlarged  tn  v*  Master  and  one  Moiety  of  the  Marriners  at  least 
to  he  English  It  is  her  Maj“  Wr i 1 1 and  pleasure  that  you  take  Care  and 
give  in  Charge  to  the  proper  Officer  that  the  said  Act  be  observed  in  Our 
sd  province  under  your  Goverm*  during  the  present  War  accordingly 


[B.  P.  R.  O.  Board  of  Trade.  North  Carolina.  Vol.  4.  p.  181] 


FURTHER  ADDITIONAL  INSTRUCTIONS  TO  COLONEL 
EDWARD  TYNTE  GOVERNOr  OF  CAROLINA 

You  are  constantly  to  transmit  to  us  all  Laws  passed  there  as  soon  as 
possible  for  our  approbation 

1 You  are  bv  and  with  the  advice  and  consent  of  any  four  or  more  of 
our  Deputies  to  adjourn  prorogue  and  dissolve  the  General  Assembly  as 
often  as  you  shall  thinke  requisite  so  to  do 

2 And  that  there  may  be  no  interruption  or  delay  in  matters  of  prose- 
cution and  execution  of  Must  ice  in  Our  Courts  of  Judicature  within  Our 
said  province  by  the  death  or  removall  of  any  of  Our  Officers  Implov’d 
therein,  Untill  we  can  be  advised  thereof  (Which  advice  you  are  to 
transmit  to  vs  the  first  opportunity)  You  are  to  appoint  others  to  succeed 
in  their  places,  and  you  shall  make  Choice  of  persons  of  known  Loyalty 
Experience,  Diligence  and  Fidility  to  be  implored  for  the  purposes 
aforesaid  until  you  shall  have  Our  approbation  of  them  or  Nomination 
of  others  from  hence 

You  are  particularly  to  enquire  into  v°  affairs  of  Rebecca  Cox  Widdow 
And  see  that  she  has  justice  done  her  according  to  the  Merits  of  her 
Cause 

3 You  are  with  the  Assistance  of  Nathaniel  Sale  Esqr  Our  present 

Receiver  General,  and  Connnis"  appointed  for  that  purpose  to  take  and 
Inspect  the  Accounts  of  Ashlev  Esqr  Our  late  Receiver  General 

from  the  time  of  his  being  put  in  possession  of  the  said  Office  And  after 
you  audited  and  approved  the  same  to  attest  the  ace**  according  to  the 
form  given  to  preceding  Gov”  and  such  money  as  shall  bo  received  for 
the  Ballance  of  such  Ace*  you  are  to  take  particular  care  that  it  be  trans- 
mitted to  us  with  what  convenient  speed  von  can.  according  as  shall  be 
directed  by  us 

Whereas  Landgrave  Abel  Ketelby  hath  purchased  5000  acres  of  Land  of 
us  and  paid  to  us  1001  as  y*  purchase  mony  for  the  same  You  are  to  direct 

85 


706 


COLONIAL  RECORDS. 


and  Order  Colon1  Broughton  Our  Surveyor  General  to  admeasure  and 
set  out  5000  acres  of  Land  for  him  the  said  Landgrave  Ketelbv  accord- 
ing to  the  Custom  and  usage  of  Our  province  for  which  you  are  to  pass 
Grants  to  the  said  Ketelbv  and  his  heirs  for  ever  reserving  the  quit  rent 
of  ten  shillings  for  every  1000  acres,  to  he  paid  to  us — our  heirs  and 
assignes  for  ever 

If  you  Our  said  Governor  should  happen  to  depart  the  province  or 
any  other  ways  to  be  out  of  the  Government  and  no  other  person  on  the 
place  authorized  by  you  according  to  the  power  granted  to  you  by  Our 
Commission  Or  if  you  Our  said  Governor  should  happen  to  dve  and 
there  should  be  no  person  on  the  place  Commissioned  by  the  Palatine  Or 
us  the  Lords  Proprietors  Our  will  and  pleasure  is,  That  Our  Deputies 
who  are  made  so  under  Our  hands  and  seals  shall  choose  one  of  their 
Number  to  be  Goverr  until  another  shall  be  appointed  bv  the  Lord  Pal- 
antyne  and  the  rest  of-  the  Proprietors 

4 You  are  to  take  great  care  that  the  Indians  be  not  abused  and  Jus- 
tice be  duly  administred  to  them  in  Our  Courts  and  that  you  endeavour 
your  utmost  to  create  a firm  Friendship  with  them  & to  bring  them  over 
to  your  part  for  your  better  protection  & Defence  against  the  Enemy  the 
neighbouring  French  and  Spaniard  against  whom  you  are  to  protect  Our 
said  Province  and  We  assure  you  of  our  utmost  assistance  for  your 
security 

5 You  are  to  transmit  to  us,  as  soon  as  you  can  conveniently  get  it 
handsomely  transcribed  a full  and  exact  account  of  our  yearly  rents  what 
they  may  amount  to  in  the  whole  and  the  particular  men  from  whom  due 
and  what  from  each  Man,  also  what  has  been  received,  by  whom  and 
how  apply’d,  & what  Land,  to  whom,  and  for  what  sold 

You  are  to  take  care  that  Mr  Wigginton  Our  Secretary  enters  into  a 
Bond  to  us,  with  two  others  very  good  securities  of  v®  penalty  of  <£1000 
Conditioned  that  he  shall  safely  keep  the  Records  A Papers  which  shall 
be  in  his  Custody  as  Secretary  & deliver  them  safe  and  entire  when  de- 
manded by  their  Lordships  or  anv  other  person  or  persons  authorized  by 
them 

You  are  to  inform  yourself  of  what  Acts  are  fit  and  proper  to  be 
passed  for  the  benefit  of  Trade  and  the  good  & prosperity  of  the  province 
for  which  you  shall  have  all  manner  of  Encouragement  from  us 

You  shall  represent  to  us  the  state  of  the  Whale  fishing  and  what 
further  encouragement  is  proper  & fitting  for  us  to  give  to  encrease  the 


same 


COLONIAL  RECORDS. 


707 


You  are  to  take  particular  care  that  no  land  whatsoever  exceeding  the 
number  of  640  acres  shall  be  sold  to  any  person  or  persons  whatsoever 
without  a Special  Warrant  under  the  hand  and  seals  of  the  Lord  Palatine 
& four  of  us  the  Lords  Proprietors  be  first  produced  to  justify  such  sale 
You  are  also  to  take  care  that  it  be  made  publick  that  all  land  which 
shall  for  the  future  be  sold  in  South  Carolina,  the  purchase  money  thereof, 
shall  be  according  to  the  value  of  English  Sterling  & the  quit  Rents  re- 
served for  y®  said  Land,  shall  be  of  the  like  value  & made  payable  at 
Charles  Town,  with  such  Covenants,  as  you  Our  Govr  and  four  more  of 
the  Council  shall  think  tit  And  for  all  Lands  sold  in  North  Carolina  the 
purchase  money  & ye  quit  Rents  for  the  same  are  to  be  of  like  value  and 
made  payable  at  Chowan,  or  at  Bath  Town.  Given  under  our  hands 
& seals  at  Craven  house  this  24th  day  of  March  17ft| 

CRAVEN  Palatine 
BEAUFORT 
M.  ASHLEY 
J COLLETON 
J D ANSON 


[From  Pollock’s  Letter  Book.] 


A COPY  OF  A 


LETTER  SENT  TO  PRESIDENT  GLOVER 

BY  Mr  MAULE 


VERGINIA  April  16:  [1709] 

Hond  Sir 

Wednesday  the  12th  instant  Tho.  West  returned  from  Mr  Jones  who 
informed  me  that  Mr  Lawson  was  just  gone  from  his  house  when  Tho. 
West  came;  and  that  Mr  Lawson  informed  him  that  the  Lords  Proprie- 
tors are  desirous  of  having  Col.  Carv  called  to  a strict  account  for  their 
dues.  And  also  after  their  ambiguous  manner  have  directed  some  war- 
rants and  Precepts  to  the  President  and  Sbuncil : and  bv  what  he  could 
gather  from  him  not  directed  to  Col.  Cary  ; but  if  directed  unto  any  one; 
Mr  .Tones  conjectures  they  are  directed  to  your  Honor:  So  that  Mr  Jones 
thinks  it  would  be  proper  for  your  Honor  to  get  Mr  Knight  or  some 
other  fit  person  to  discover  Mr  Lawson  in  order  to  concert  such  proper 
methods  as  may  put  the  government  on  its  proper  foundation,  to  which 
he  seems  inclined  to  believe  Mr  Lawson  may  be  drawn,  both  on  account 
of  the  Lords  Proprietors  and  also  on  his  own  account.  The  above  no- 
tice is  the  substance  of  Mr  .Tone’s  letter.  Having  the  above  written  I am 
very  apt  to  believe  the  Lords  Proprietors  would  not  direct  any  writings, 


COLON  I A I,  RECORDS. 


708 

Warrants,  or  precepts  to  Col.  Cary  as  President,  nor  anv  wise  acknowl- 
edge the  legality  of  his  pretended  Presidentship.  Neither  do  I imagine 
they  have  directed  them  to  vonr  Honor  by  reason  that  knowing  the  con- 
fusion in  the  country,  they  would  not  be  willing  (by  openly  joining  either 
party)  to  foment  the  differences.  But  it  seems  more  reasonable  to  me 
(considering  the  Lords  Proprietors  common  way  of  acting)  to  conjecture 
that  these  writings  are  only  directed  to  the  President  and  council,  without 
nameing  any  particular  person,  with  some  instructions  to  Mr  Lawson  or 
Mr  Gale  how  they  shall  proceed  therein.  Now  if  it  should  be  so,  and 
that  Mr  Gale  and  Mr  Lawson  (considering  the  justness  of  the  cause,  the 
Lords  Proprietors  interest  and  their  own  advantage)  should  incline  to 
apply  themselves  to  your  Honor,  as  President  it  is  to  be  well  considered 
of  how  it  could  be  managed  for  want  of  Deputys,  or,  if  their  were  Dep- 
uties, wheither  it  were  worth  while  to  be  at  the  trouble  of  new  modelling 
and  settling  the  government  for  such  a little  time  as  until  the  Governor 
or  Deputy  Governor’s  coming  in,  especially  not  knowing  what  alterations 
may  be  then  made;  or,  may  be,  some  mistake  might  fall  out  in  the  man- 
agement, which  might  tend  to  the  disadvantage  of  our  cause : and  whether 
it  might  not  be  better  if  Mr  Gale  and  Mr  Lawson  could  be  persuaded  not 
to  apply  themselves  to  either,  but  to  stay  until  the  Governor  or  Deputy 
Governor’s  arrival. 

But  if  Mr  Lawson  and  Mr  Gale  be  so  very  earnest  to  have  their 
commissions  recorded  that  they  may  go  on  the  execution  of  their 
Office,  and  pretend  a necessity  of  applying  themselves  to  one  or  the 
other,  I believe  it  would  be  well  to  lay  before  them,  in  applying  to  Col. 
Cary,  not  only  the  unjustness  of  it  in  acknowledging  an  unlawful  govern- 
ment there  scarcely  being  one  of  the  Council  legally  qualified,  but  also 
the  damage  that  may  thereby  accrue  both  to  the  Lords  Proprietors  and 
themselves:  all  of  which  I know  your  Honor  can  safely  make  appear  to 

them.  And  1 believe,  if  the  pretended  Council  fall acting  it  might 

do  better  if  they  would  apply  themselves  to  vour  Honor.  And  I believe 
likewise  it  would  be  very  necessary  to  pursuade  them  if  possible  not  to 
apply  to  nor  acknowledge  Col.  Cary  and  his  pretended  Council 

Hond  Sir  I am  sorry  we  are  so  separated  that  we  can  not  communicate 
together,  but  I leave  to  your  prudent  management,  who  I know  will  do 
the  best  you  can  for  the  Lords  Proprietors  interest  and  good  of  the 
country,  which  is  earnestly  wished  by 

Sir  Yours  T.  P. 

Hond  Sir  Pray  let  me  hear  by  the  bearer  all  the  proceedings  of  this 
last  Council,  or  any  other  news  of  moment. 

Sir  Yr 


T P 


COLONIAL  RECORDS. 


709 


Postscript  April  15th  1710 

Hond  Sir  I have  been  two  or  three  days  longer  in  sending  this  than  1 
intended  by  reason  I had  some  expectations  of  seeing  Mr  Reading  here: 
but  he  not  coming,  1 thought  it  was  not  necessary  to  stay  longer,  and 
have  no  more  to  add  but  only  to  remind  your  Honor  that,  albeit  it  be 
very  necessary  to  disswade  Mr  Gale  and  Mr  Lawson  from  applying  to  or 
any  way  acknowledging  Col  Cary  and  his  pretended  Council,  yet  1 be- 
lieve you  ought  seriously  to  consider  and  duly  weigh  all  circumstances  in 
retaking  the  government,  unless  as  above  said  these  writings  directed 
from  the  Lords  Proprietors  to  your  Honor,  and  to  uphold  the  Govern- 
ment from  falling.  I have  not  comunicated  any  of  this  matter  to  any 
person  besides  your  Honor,  but  to  Mr  Chevin  and  Mr  Boyde,  who  I 
doubt  not  are  trusty,  and  will  be  ready  to  serve  or  advise  you  Honor  in 
any  thing  they  can. 


[B.  P.  R.  O.  “N.  C.  B.  T.  7.  r.  17.] 


Craven  House  Aprill  the  28th  1709. 

Present 

His  Grace  the  Duke  of  Beaufort  for  himself  and  the  Palatin 
The  Honble  Maurice  Ashley  Esq” 

S"  John  Colleton  Barr' 

John  Danson  Esq” 

Mr  Mitchells  Proposals  in  the  name  of  some  of  the  Swiss  Cantons  of 
Bern  were  read  and  it  was  then  agreed  that  10,000  Acres  of  land  on  or 
betwixt  News  or  Cape  Fear  or  their  Branches  in  North  Carolina  should 
be  set  out  for  the  Proposers  and  their  Heirs  they  paying  to  the  Lords 
Proprietors  £10  purchase  money  for  every  thousand  acres  and  5 shil- 
lings yearly  as  a quitt  rent  for  each  thousand  acres  to  the  Lords  Proprie- 
tors and  their  Heirs  forever. 

Agreed  further  that  100,000  Acres  be  reserved  to  the  proposers  for  12 
years  during  which  term  no  other  person  shall  purchase  any  of  the  same, 
which  said  100000  Acres  are  to  bo  set  out  bv  the  Surveyor  General  and 
may  be  purchased  by  anv  of  the  Proposers  at  the  rate  above  mentioned 
during  the  term  of  seven  years  but  after  that  time  is  expired  they  are  to 
pay  according  to  the  eustome  of  that  part  of  the  Province1 

And  lastly  that  one  of  their  Number  be  made  a Landgrave  he  paying 
for  5000  Acres  the  usuall  purchase  money  for  each  1000  acres  the  cus- 
tomary quit  rent  for  every  100  acres  to  the  Lords  Proprietors  for  the 


same. 


710 


COLONIAL  RECORDS. 


[From  N.  ('.  Letter  Hook.  S.  P.  G.] 


MR.  GORDON  TO  THE  SECRETARY. 

Sir: — London,  May  13,  1709. 

T have  already  delivered  to  your  honorable  board  a short  account  of 
my  voyage  and  journey  to  North  Carolina,  the  effects  of  my  mission,  and 
the  reasons  which  induced  me  to  leave  the  place;  and  since  you  desire  to 
know  something  further  of  the  state  of  the  country  and  condition  of  the 
people,  in  relation  to  their  religion,  principles,  and  practice,  1 shall  (by 
the  help  of  the  closest  and  justest  observations  1 could  make,  and  the 
best  informations  I could  get  during  my  travels  through  the  country) 
give  you  what  satisfaction  can  be  reasonably  expected  from  so  short  a 
stay. 

The  Continent  of  North  Carolina  is  part  of  that  great  tract  of  land 
granted  by  King  Charles  II.  to  several  lords  proprietors,  whose  succes- 
sors and  present  possessors  are  William,  Lord  Craven,  His  Grace,  Henry 
duke  of  Beaufort,  Lord  John  Carteret,  Maurice  Ashley,  esquire,  Sir  John 
Colleton,  baronet,  John  Danson,  esquire,  etc.,  being  in  number  eight. 

There  are  few  or  no  dissenters  in  this  government  but  Quakers,  who 
have  been  always  the  greatest  sticklers  against,  and  constant  opposers  of 
the  Church,  and  that  with  no  small  success;  it  will  not,  therefore,  be  im- 
proper to  trace  their  rise  with  the  privileges  and  immunities  they  still 
plead  and  contend  for  at  the  present  day,  to  the  great  disturbance  of  the 
peace  of  that  province,  and  the  hinderance  of  good  laws  and  other  pro- 
per endeavors  for  its  improval. 

From  the  first  settlement,  I find  for  some  years  they  were  few  in  num- 
ber, and  had  little  or  no  interest  in  the  government,  until  John  Archdale, 
proprietor  and  Quaker,  went  over,  by  whose  means  some  were  made 
councillors;  and  there  being  then  no  ministers  in  the  place,  they  began 
to  increase  and  grow  powerful;  for  the  couneill  granting  all  commissions, 
in  a short  time  they  had  Quaker  members  in  most  of  their  courts;  nay, 
in  some,  the  majority  were  such,  who  still,  pushing  at  the  government, 
were  very  diligent  at  the  election  of  members  of  the  Assembly ; so  that 
what  by  themselves,  the  assistance  of  several  unthinking  people,  and  the 
carelessness  of  others,  they  carried  all  in  that  meeting  likewise;  so  far 
that  no  encouragement  could  be  obtained  for  ministers,  notwithstanding 
some  endeavors  which  were  used  to  procure  them  a very  small  and  in- 
considerable allowance. 


COLONIAL  RECORDS. 


711 


At  Inst,  after  many  attempts,  the  Churchmen  carried  an  act,  but  bv 
one  or  two  votes,  called  “ The  Vestry  Act,”  by  which  twelve  vestrymen 
are  to  be  chosen  in  every  precinct,  who  have  power  to  build  a church  in 
each,  and  to  raise  money  from  the  inhabitants  for  that  purpose,  with  a 
sum  not  exceeding  thirty  pounds  for  a minister;  whom  they  have  like- 
wise (by  that  act)  power,  not  only  to  disapprove,  but  displace,  if  they  see 
cause.  I took  a copy  of  it  and  some  other  papers,  but,  my  servant  and 
trunk  being  left  behind  by  an  accident,  they  are  not  yet  come  to  my 
hand. 

The  Church  party  thought  they  had  now  made  a good  step,  and  there- 
fore designed  to  improve  it  to  the  advantage  of  religion,  and  setting  such 
a regular  Church  discipline  as  the  lords  proprietors  were  obliged  by  their 
charter  to  countenance  and  encourage;  but  herein  they  met  with  constant 
opposition  from  the  Quakers,  who,  being  still  powerful  in  the  council, 
numerous  in  the  Assembly,  and  restless  in  their  endeavors,  spared  neither 
pains  nor  expense  to  have  this  act  repealed  or  altered ; and  by  their  con- 
tinual cavils  and  disputes,  lengthened  out  the  time  of  the  Assembly’s  sit- 
ting, to  their  great  trouble  and  charge. 

In  the  year  1 70-4,  the  law  made  in  the  first  year  of  her  present  majesty, 
entitled  “ An  act  to  declare  the  oath  coming  in  place  of  the  abrogated 
oaths,”  etc.,  reached  Carolina,  which  the  Quakers  refusing  to  take,  they 
were  dismissed  the  council,  Assembly,  and  courts  of  justice,  and  a law 
was  made  that  none  should  bear  anv  office  or  place  of  trust  without  tak- 
ing the  said  oaths. 

Some  time  after,  the  Quakers  sent  complaints  against  Colonel  Daniel, 
then  governor,  deputed  by  Sir  Nathaniel  Johnston,  in  South  Carolina. 
They  prevail:  Sir  Nathaniel  removes  him,  and  sends  one  Colonel  Cary 
in  his  room. 

The  Quakers  then  began  their  old  game,  and  strive  to  get  into  the 
courts  and  Assembly  again.  This  governor  thereupon  tenders  them  the 
oaths,  which  they  refusing  to  take,  are  again  dismissed,  and  an  act  made, 
that  whoever  should  promote  his  own  election,  or  sit  and  act,  not  quali- 
fying himself  first  by  taking  the  oaths,  should  forfeit  five  pounds.  This 
so  nettled  the  Quakers  that,  in  the  year  1706,  they  sent  one  Mr.  John 
Porter  to  England,  with  fresh  grievances  and  new  complaints  to  the 
lords  proprietors,  who,  by  his  cunning  management,  and  the  help  of  Mr. 
Archdale,  a Quaker  proprietor,  obtained  a new  commission,  by  virtue 
whereof  Sir  Nathaniel  Johnston’s  power  in  that  province  was  suspended, 
Col.  Cary  removed,  and  -everal  new  deputations  sent  by  the  proprietors, 
with  power  to  choose  a president  among  themselves.  Thus  Porter,  hav- 


712 


COLONIAL  RECORDS. 


ing  procured  a deputation  for  himself  and  some  other  Quakers,  arrived 
in  Carolina  October  1707,  about  five  months  before  we  reached  Virginia. 

And  here,  sir,  1 could  give  von  a large  account  of  this  man’s  manage- 
ment and  the  use  he  made  of  his  new  commission,  with  his  many  tricks 
to  advance  the  interest  of  the  Quakers,  and  the  confusion  and  disturb- 
ance of  which  he  was  the  chief  or  only  occasion, — but  this  would  be  as 
tedious  as  his  actions  are  in  themselves  unwarrantable. 

In  short,  sir,  as  soon  as  he  arrived,  he  calls  the  new  deputies  together, 
being  most  Quakers  (without  waiting  for  the  governor  and  old  deputies’ 
presence,  though  they  had  all  appointed  a day  for  the  whole  council  to 
sit,  and  settle  the  government  according  to  the  lords  proprietors’  instruc- 
tions in  that  commission),  and  chooses  for  their  president  whom  they 
imagined  would  be  for  their  purpose;  but  he, taking  the  same  method  as 
their  former  governors  did,  disappointed  Porter’s  expectation,  who,  for 
revenge,  gets  a meeting  with  both  old  and  new  deputies,  reverses  Glover’s 
election,  declaring  it  illegal,  and  so  void  and  null,  though  he  was  the  only 
promoter  of  it.  The  president  and  Col.  Pollock,  a councillor,  protested 
against  these  proceedings ; but  Porter  went  on,  strikes  in  with  Colonel 
Cary,  the  late  deputy -governor,  whom  he  had  by  his  complaints  turned 
out,  chooses  him  president  by  the  votes  of  the  very  same  councillors  who 
had  before  chosen  Mr.  Glover,  and  all  this  bv  virtue  of  that  very  com- 
mission which  removed  him  from  the  government.  From  this  sprung 
the  great  confusions  in  which  1 left  that  poor,  distracted  colony.  There 
were  two  competitors  for  command  ; each  drew  their  party  in  arms  to  the 
field,  one  man  was  killed  before  1 came  away,  and  God  knows  how  far 
they  have  carried  these  contentions  since.  - 

T did,  at  my  arrival  in  England,  lay  the  whole  state  of  these  affairs 
before  the  lords  proprietors,  who,  no  doubt,  will  take  a speedy  and  effec- 
tual method,  not  only  to  suppress  the  present,  but  prevent  such  disord- 
ers for  the  future;  and  there  is  now  a gentleman  appointed  governor  of 
that  province  [Hyde]  who,  by  his  prudence,  will  in  all  likelihood  cool 
the  present  heats,  and  lead  them  on  gently  toward  a regular  and  lasting 
establishment,  to  the  advantage  of  the  proprietors  and  peace  to  the 
country. 

And  now,  sir,  I shall  examine  a little  the  Quakers’  pretences,  who 
plead  that  they  were  the  first  settlers  in  that  country;  but  this  (according 
to  the  best  accounts  I could  get)  seems  false  in  fact, — that  religion  being 
scarce  heard  of  there  till  some  years  after  the  settlement ; it  is  true,  some 
of  the  most  ancient  inhabitants,  after  George  Fox  went  over,  did  turn 
Quakers. 


COLONIAL  RECORDS. 


713 


They  allege  they  are  the  chief  inhabitants,  promoters,  anti  upholders 
of  its  interests;  but  this  must  be  either  by  their  number,  riches,  or  pru- 
dence. As  to  their  number,  they  are,  at  this  time,  but  about  the  tenth 
part  of  the  inhabitants;  and  if  they  were  more,  they  would  be  but  the 
greater  burden,  since  they  contribute  nothing  toward  its  defence.  Neither 
is  it  by  their  riches,  there  being  but  few  or  no  traders  of  note  amongst 
them ; beside,  the  levy  there  is  raised  per  poll,  and  not  by  the  estimate 
of  men’s  estates,  so  that  the  poorest  pay  as  much  as  the  richest.  And  it 
is  so  far  from  being  by  their  prudence,  that,  on  the  contrary,  their  igno- 
rance and  obstinacy  are  but  too  remarkable  upon  alt  occasions,  of  which 
they  have  given  a very  evident  proof  by  being  the  great  promoters  of 
the  present  confusions  of  that  colony ; so  that  I see  no  right  they  have 
to  such  a share  in  the  government  as  they  pretend.  The  charter,  I am 
sure,  grants  them  none,  nor  does  it  give  power  to  the  lords  proprietors  to 
grant  any,  neither  have  they  by  their  constitution  done  anv  such  thing; 
and  if  there  be  any  privileges  granted  to  the  inhabitants,  it  is  to  such 
only  who  bear  arms,  so  that  it  was  other  dissenters,  not  Quakers,  they 
intended  to  invite  thither  by  those  indulgences.  As  for  liberty  of  con- 
science, none  may  more  peaceably  enjoy  it,  if  they  would  therewith  be 
content. 

I could  not  but  take  notice  of  their  irreverent  carriage,  in  subscribing 
their  solemn  affirmation.  Mr.  Archdale  himself  uncovered  his  head  to 
hear  a foolish  woman  make  an  unaccountable  clamor  before  meat,  at  his 
own  table;  but  when  lie  subscribed  the  oaths  to  lie  taken  for  putting  in 
execution  the  laws  of  trade,  he  did  it  with  his  hat  on,  which  is  an  error 
no  Barclay  has  made  an  “apology”  for. 

I have  observed,  amongst  the  worst  of  the  other  sort,  when  they  came 
to  the  Book  they  showed  a reverence,  and  there  appeared  an  unwilling- 
ness upon  them,  which  serves  the  great  end  of  God  and  the  queen,  in  the 
discovery  of  truth,  whilst  the  careless  and  unseemly  behavior  of  those 
men  is  openly  scandalous  and  profane. 

I shall  now,  sir,  give  you  some  small  account  of  the  particular  pre- 
cincts. You  will  see,  by  the  plain  draft,  the  largeness  of  so  much  of  the 
country  as  is  laid  down,  the  bearings  of  the  land,  the  number  of  titha- 
bles  in  each  precinct.  The  roads  are  generally  very  bad,  especially  in 
Paquimans  and  Pasquetank,  which  makes  it  a very  troublesome  work  for 
one  minister  to  attend  two  precincts. 

Chowan  is  the  westernmost,  the  largest  and  thinnest  seated;  they  built 
a church  some  years  ago,  but  it  is  small,  very  sorrily  put  together,  and  is 
ill  looked  after;  and,  therefore,  1 prevailed  with  them  to  build  another, 
86 


714 


COLON  I A I,  RECORDS. 


which  they  went  about  when  I came  away.  The  plan  of  it  I brought 
over,  and  was  desired  to  procure,  if  possible,  from  the  society,  as  much 
glass  as  will  be  necessary  for  the  windows,  which  by  computation  will 
amount  to  325  feet. 

There  are,  I think,  no  Quakers  or  any  other  dissenters  in  this  parish  : 
the  people  indeed  are  ignorant,  there  being  few  that  can  read,  and  fewer 
write,  even  of  their  justices  of  peace  and  vestrymen;  yet  to  me  they 
seemed  very  serious  and  well  inclined,  both  in  public  and  private,  many 
of  them  being  very  ready  to  embrace  (as  far  as  they  could)  all  opportu- 
nities of  being  instructed.  The  worst  is,  that  the  narrowness  of  their 
sense  and  conceptions  occasions  many  differences  and  quarrels  amongst 
themselves,  for  which  no  man  can  find  any  shadow  of  reason,  but  their 
ignorant  mistakes  of  one  another’s  meaning,  and  upon  this  account  I 
found  these  more  frequent  here  than  in  any  other  country  I have  ever 
travelled. 

This  precinct  was  one  of  the  two  I attended,  and  being  very  large,  and 
divided  by  the  Great  Sound  and  several  rivers  and  branches,  was  very 
troublesome;  however,  I was  in  all  the  parts  of  it,  baptized  almost  a 
hundred  children,  distributed  those  small  tracts  which  were  sent  over, 
settled  a schoolmaster,  and  gave  some  books  for  the  use  of  scholars,  which 
the  church-wardens  were  to  see  left  for  that  use,  in  case  the  master  should 
remove. 

The  greatest  difficulty  1 met  with  was,  in  some,  an  obstinate  aversion 
to  god-fathers  and  god-mothers;  neither  sense  or  reason  could  prevail 
with  them:  in  this,  therefore,  I bent  mv  strongest  endeavors  with  one  or 
two,  who,  by  their  character  for  sense  and  sobriety,  had  some  influence 
over  the  rest;  with  whom  having  prevailed,  all  were  convinced  and  fol- 
lowed their  example;  and  so  they  would  oftentimes,  in  any  thing  else, 
without  examining  the  cause  or  troubling  themselves  for  reasons,  this  be- 
ing a general  rule  for  their  practice  in  all  other  cases.  However,  I am 
confident  they  are  yet,  by  the  blessing  of  God  on  the  pious  care  and  pru- 
dent conduct  of  some  diligent  minister,  in  a capacity  of  being  made  de- 
vout Christians  and  zealous  Churchmen;  whereas,  if  they  be  left  alone, 
the  principles  (and  it  is  to  be  feared  the  practice  too)  of  religion  and 
morality  will  be,  in  a short  time,  quite  defaced. 

The  next  precinct  is  Paquimans,  under  my  care  equally  with  the  other. 
Here  is  a compact  little  church,  built  with  more  care  and  expense,  and 
better  contrived  than  that  in  Chowan;  it  continues  yet  unfinished,  bv 
reason  of  the  death  of  one  Major  Swan,  about  September,  1707,  who 
zealously  promoted  the  interests  of  religion  in  general,  and  forwarded, 


COLONIAL  RECORDS. 


715 


by  his  continual  pains  and  expense,  the  building  of*  that  church  in  par- 
ticular, when  there  was  none  in  the  country.  Here  is  no  library  or  other 
public  books  whatever. 

The  Quakers  in  this  precinct  are  very  numerous,  extremely  ignorant, 
insufferably  proud  and  ambitious,  and  consequently  ungovernable:  this 
made  my  work  more  difficult  than  it  was  in  Chowan.  They  doubled 
their  efforts  and  contrivances  against  my  endeavours;  their  meetings 
amongst  themselves  were  more  frequent,  and  their  attacks  upon  others 
furious.  However,  as  these  things  cost  me  the  more  pains,  so  I used  the 
utmost  circumspection  both  in  public  and  private,  and  if  at  any  time  I took 
occasion  to  preach  against  their  principles,  as  now  and  then  I found  it 
necessary,  I was  as  moderate  as  was  possible  in  my  expressions,  free 
from  harsh  reflections,  and  always  pressed  the  truth,  as  much  for  its  own 
sake  as  for  the  Church’s  which  professed  it;  and  this  1 found  had  a bet- 
ter effect  than  the  rougher  methods  which,  it  seems,  had  been  formerly 
used  with  them ; for  by  such  means,  and  the  success  of  some  small  favors 
I showed  them  in  physic,  they  not  only  became  very  civil,  but  respect- 
ful to  me  in  their  way,  and  have  many  times  entertained  me  at  their 
houses  with  much  freedom  and  kindness. 

This  precinct  is  not  so  large  as  Chowan,  and,  though  the  roads  are 
worse,  the  journeys  are  shorter.  Here  are  twelve  vestrymen  as  in  the 
rest,  but  most,  if  not  all  of  them,  very  ignorant,  loose  in  their  lives,  and 
unconcerned  as  to  religion ; it  was  not  in  my  power  to  get  one  meeting 
with  them,  while  1 was  there,  notwithstanding  my  best  endeavors  to 
obtain  that  favor.  Their  ill  example,  and  the  want  of  ministers  and 
good  books,  have  occasioned  many  who  were  better  disposed,  through 
ignorance,  to  join  with  the  Quakers;  being  willing  to  embrace  any  thing 
that  looks  like  a religion,  rather  than  have  none  at  all.  Yet  I am  apt 
to  think  that  some  of  these  poor  souls  may  be  regained,  several  having 
told  me  they  owed  their  first  departing  from  the  Church  to  the  ill  exam- 
ple and  imprudent  behavior  of  their  ministers;  and  therefore  it  seems 
absolutely  necessary  that,  if  any  minister  be  sent  thither,  he  should,  if 
possible,  beside  an  exemplary  life  and  diligent  attendance  on  all  the  du- 
ties of  his  function,  he  should  be  as  well  read  in  men  as  in  books,  and 
will  find  as  much  if  not  more  occasion  for  the  one  than  the  other. 

And  as  he  will  meet  with  unaccountable  tempers,  so  they  will  require 
uncommon  methods  to  deal  with  them,  in  order  to  gain  credit,  and,  con- 
sequently, an  access  to  their  hearts.  1 lero  and  in  Chowan  the  ways  of  liv- 
ing are  much  alike;  both  are  equally  destitute  of  good  water,  most  of 
that  being  brackish  and  muddy;  they  feed  generally  upon  salt  pork,  and 


710 


COLONIAL  RECORDS. 


sometimes  upon  beef,  and  their  bread  of  Indian  corn  which  they  are 
forced  for  want  of  mills  to  beat;  and  in  this  they  are  so  careless  and  un- 
cleanly that  there  is  but  little  difference  between  the  corn  in  the  horse’s 
manger  and  the  bread  on  their  tables:  so  that  with  such  provisions  and 
such  drink  (for  they  have  no  beer),  in  such  a hot  country,  you  may  easily 
judge,  sir,  what  a comfortable  life  a man  must  lead;  not  but  that  the 
place  is  capable  of  better  things,  were  it  not  overrun  with  sloth  and 
poverty. 

The  next  precinct  is  Pasquetank,  whereas  yet  there  is  no  church  built; 
the  Quakers  are  here  very  numerous;  the  roads  are,  I think,  the  worst 
in  the  country;  but  it  is  closer  seated  than  the  others,  and  better  peopled 
in  proportion  to  its  bigness.  In  their  way  of  living  they  have  much  the 
advantage  of  the  rest,  being  more  industrious,  careful,  and  cleanly;  but 
above  all  I was  surprised  to  see  with  what  order,  decency,  and  serious- 
ness they  performed  the  public  worship,  considering  how  ignorant  peo- 
ple are  in  the  other  parishes.  This  they  owe  to  the  care  of  one  Mr. 
Griffin,  who  came  here  from  some  part  of  the  West  Indies,  and  has  for 
three  years  past  lived  amongst  them,  being  appointed  reader  by  their 
vestry,  whose  diligent  and  devout  example  has  improved  them  so  far 
beyond  their  neighbors  and  by  his  discreet  behavior  has  gained  such  a good 
character  and  esteem,  that  the  Quakers  themselves  send  their  children  to 
his  school,  though  he  had  prayers  twice  a day  at  least,  and  obliged  them 
to  their  responses,  and  all  the  decencies  of  behavior  as  well  as  others. 
After  Mr.  Adams  was  settled  here  I found  it  improper  for  Mr.  Griffin 
to  stay,  and  therefore,  notwithstanding  the  large  offers  they  made  him  if 
lie  would  continue,  he  consented  to  fix  in  Chowan,  where  I left  him,  hav- 
ing procured  for  him  a small  allowance  from  the  vestry;  but  I am  afraid 
the  hardship  he  wdl  meet  with  in  that  part  of  the  country  will  discour- 
age him,  if  not  force  him  from  thence,  though  he  promised  me  to  hold 
out  as  long  as  he  could. 

Curratuck  is  the  eastermost  precinct,  including  the  Sand  Banks  and 
some  part  of  the  south  side  of  the  Sound  : a very  incommodious  place 
for  damp  colds  in  winter  and  musquitoes  in  summer.  I never  travelled 
through  this  parish,  so  I can  give  but  a very  little  account  of  it.  They 
have  no  church,  nor  ever  had  any  books  sent  them.  Mr.  Adams  has  at 
present  under  his  care  this  precinct  and  Pasquetank,  from  whom  an  ac- 
count at  large  may  be  best  expected. 

Bath  county  contains  most  of  that  land  which  lies  to  the  southward  of 
Albemarle  Sound  to  Pamplico  River,  and  about  thirty  or  forty  miles  more 
southerly  to  Neuse  River,  which  (being  but  lately  peopled  with  a few 
French  who  left  Virginia)  is  not  laid  down  in  the  draft. 


COLONIAL  RECORDS. 


717 


They  have  divided  the  whole  into  three  precincts  or  parishes,  though 
the  inhabitants  of  all  are  but  equal  in  number  to  any  one  of  the  other, 
most  of  which  are  seated  on  Pamplico  River  and  its  branches.  Here  is  no 
church,  though  they  have  begun  to  build  a town  called  Bath.  It  consists 
of  about  twelve  houses,  being  the  only  town  in  the  whole  province.  They 
have  a small  collection  of  books  for  a library,  which  were  carried  over 
by  the  Reverend  Doctor  Bray,  and  some  land  is  laid  out  for  a glebe ; but 
no  minister  would  ever  stay  long  in  the  place,  though  several  have  come 
thither  from  the  West  Indies  and  other  plantations  in  America;  and  yet 
I must  own,  it  is  not  the  unpleasantest  part  of  the  country, — nay,  in  all 
probability  it  will  be  the  centre  of  trade,  as  having  the  advantage  of  a 
better  inlet  for  shipping,  and  surrounded  with  most  pleasant  savannas, 
very  useful  for  stocks  of  cattle. 

In  this  as  in  all  other  parts  of  the  province,  there  is  no  money;  every 
one  buys  and  pays  with  their  commodities,  of  which  corn,  pork,  pitch, 
and  tar  are  the  chief:  pork  at  458  per  barrel  cent. — 250  lbs.  weight, 
pitch  at  258  per  barrel,  corn  at  250  per  bushel,  and  tar  at  152  per  barrel, 
which  prices  (though  fixed  by  their  laws)  they  can  seldom  reach  for  it 
anywhere  else,  after  considerable  expense  and  risk  ; so  that,  by  their  com- 
putation, the  difference  of  their  money  to  sterling  is  as  one  to  three;  and 
if  you  buy  a plantation  there  for  £300  of  their  pay,  they  will  much 
rather  take  £100  in  England. 

Thus,  sir,  I have,  in  obedience  to  your  commands,  given  you  this  plain 
and,  I am  sensible,  imperfect  account  of  North  Carolina,  a country  but 
wild  and  imperfect  in  its  circumstances;  and  in  all  I have  said  to  the  dis- 
advantage of  the  people  in  general,  1 must  beg  some  exceptions,  as  few 
as  you  please,  there  being,  here  and  there,  a gentleman  whose  substance, 
sense  in  managing,  and  methods  of  living,  somewhat  exceed  the  rest ; but 
they  live  at  such  distances,  that,  as  by  their  example  they  have  but  little 
influence,  so,  upon  the  same  account,  they  can  as  little  contribute  to  the 
easiness  of  a missionary’s  condition,  who  is  forced  to  take  up  with  what 
conveniences  he  can  find  not  too  many  miles  distant  from  the  churches 
he  is  obliged  to  attend ; and  this  will  necessitate  anv  minister  who  goes 
over  to  purchase  land,  buy  servants,  build  a church,  and  improve  a plan- 
tation, before  he  can  live  tolerably;  which  will  require  more  expense  than 
the  encouragement  given  will  bear. 

If,  sir,  yon  think  this  worth  communicating  to  the  honorable  society, 
1 leave  it  to  your  discretion,  and  am,  sir, 

Your  very  humble  and  obedient  servant, 

WILLIAM  GORDON. 


718 


COLONIAL  RECORDS. 


[15.  P.  K.  O.  Virginia.  15.  T.  Voi, : 40.  Pagk.  405. — Extract.] 


LORDS  OF  TRADE  TO  EDMUND  JENINGS  ESQ" 

Sr  July  21“  1709. 

Since  our  Letter  of  the  Tenth  of  March  a Duplicate  whereof  is  here 
inclosed.  We  have  received  two  Letters  from  you  of  the  21“  of  Novem- 
ber and  one  of  the  21st  of  March  last,  with  the  Papers  therein  re- 
ferred to. 

We  represented  to  her  Majesty  what  you  formerly  writ  us  in  relation 
to  the  settling  the  Boundaries  between  Virginia  & the  Province  of  Car- 
olina : Her  Majesty  was  thereupon  pleased  by  her  order  in  Councill  of  the 
13th  January  last  to  direct  us  to  propose  to  the  said  Lords  Proprietors  of 
Carolina  the  Issuing  of  such  a Commission  as  aforesaid 

Whereupon  we  writ  to  the  Lords  Proprietors  of  Carolina  and  have 
received  their  answer  the  purport  whereof  is  that  they  have  appointed 
John  Lawson  and  Edward  Mosely  Esq”  to  be  Commissioners  on  the 
part  of  Carolina  for  surveying  the  lands  in  dispute  and  settling  the 
Boundaries  as  aforesaid,  and  in  their  answer  they  did  further  declare  that 
they  were  willing  in  case  of  any  dispute  between  the  said  Commisioners 
and  those  on  the  part  of  Virginia  to  submit  the  same  to  her  Majesties 
Decision. 

We  thereupon  represented  that  her  Majesties  Letters  mandatory  lie 
sent  to  the  Governor  or  Commander  in  Clieif  of  the  said  Colony  of  Vir- 
ginia for  the  time  being  directing  him  in  Concurrence  with  the  Councill 
there,  to  issue  out  a Commission  under  the  seal  of  the  Colony  thereby 
constituting  and  appointing  two  fit  and  able  persons  to  be  Comissioners 
on  the  part  of  Virginia  to  act  in  conjunction  with  the  Commissioners 
appointed  on  the  part  of  Carolina  for  the  purposes  before  mentioned  & 
requiring  the  said  Governor  or  Commander  in  clieif  for  the  time  being 
to  Transmit  to  her  Majesty  under  Seal  of  the  Colony  an  Account  of 
such  Commissioners  Proceedings  for  her  Majesties  farther  pleasure 
therein.  All  which  have  been  approved  of  bv  her  Majesty  and  direc- 
tions will  be  sent  you  accordingly. 

As  to  the  Exemption  you  mention  to  lie  granted  by  the  Proprietory 
Governments  to  people  that  remove  thither  from  lieiug  sued  for  Debts 
contracted  in  other  Places  we  hope  that  matters  is  remedyed  at  least  in 
Carolina.  For  an  Act  having  been  past  there  granting  such  an  Exemp- 
tion we  laid  the  same  before  her  Majesty  with  our  Opinion  of  the  ill 
Consequence  of  such  Laws. 


COLONIAL  RECORDS. 


719 


Whereupon  her  Majesty  was  pleased  to  repeal  the  said  Carolina  Act. 
But  if  that  practice  of  protecting  Creditors  be  still  continued  in  Carolina 
or  any  other  of  the  Proprieties  you  will  do  well  to  give  us  as  particular 
an  Account  thereof  as  you  are  able  that  we  may  lay  the  same  before  her 
Majesty  for  her  further  pleasure  therein. 

Your  very  loving  Friends 

DARTMOUTH 
PH:  MEADOWS 

Whitehall  CHA:  TURNER, 

July  21th  1709. 


[B.  P.  R.  O.  N.  C.  B.  T.  7.  r.  22.] 


Craven  House  August  ye  4th  1709. 

Present 

His  Excellency  William  Lord  Craven  Palatine 
His  Grace  the  Duke  of  Beaufort 
Sir  John  Colleton  Barr4 
John  Danson  Esqre 

Agreed  that  the  Lords  Proprietors  will  subscribe  Twenty  Pounds  to 
Mr  Lawson  for  Maps  of  North  and  South  Carolina.  Signed  by  the 
Board  a Commission  to  the  HonM*  Christopher  Gratfonried  to  be  a Land- 
grave of  Carolina. 

Signed  a Warrant  and  duplicate  to  the  said  Christopher  Graffenried  for 
five  thousand  acres  of  land  in  North  Carolina. 

Received  Fifty  Pound  purchase  money  of  the  said  Christopher  Graf- 
fenried for  the  said  Land. 


Paid  the  Honbl*  Lord  Craven. 

£5 

7 

(> 

Paid  his  Grace  the  Duke  of  Beaufort. 

5 

7 

(i 

Paid  the  Lady  Carteret  for  her  Son. 

5 

7 

6 

Paid  Mr  Ashley. 

5 

7 

6 

Paid  Sr  John  Colleton. 

5 

7 

(5 

Paid  Mr  Danson. 

5 

7 

(1 

£32 

5 

0 

Remains  in  ye  Secret'  hands. 

£17 

15 

0 

720 


COLONIAL  RECORDS. 


IB.  P.  R.  O.  N.  C.  B.  T.  7.  r.  24. J 

Craven  House  Sept  3rd  1709 
Present 

Ilis  Grace  the  Duke  of  Beaufort  for  himself  and  the  Palatin 
The  Honble  Maurice  Ashley  Esq" 

Sir  John  Colleton  Barr6 
John  Danson  Esqrc 

A Proposal  was  read  from  Christopher  de  Graffenried  and  Lewis  Mi- 
chel Esq”  It  was  agreed  that  a Warrant  be  prepared  to  the  Surveyor 
General  of  North  Carolina  to  admeasure  and  set  out  10,000  Acres  of 
land  to  the  sd  Christop1  de  Graffenried  & his  Heirs  and  that  Grants  be 
passed  accordingly. 

To  the  2nd  Proposal  relating  to  the  poor  Palatines  that  shall  be  trans- 
ported into  North  Carolina,  It  was  resolv’d  that  their  Lordships  will  not 
undertake  to  provide  them  with  all  provisions  they  shall  want  but  they 
will  give  directions  to  their  Receiver  General  to  supply  the  Palatines 
with  such  provisions  as  he  shall  have  of  their  Lordships  in  his  hands 
and  may  be  spared  from  the  necessary  use  of  the  government  at  the  same 
rates  he  received  them  the  sd  Christopr  de  Graffenried  and  Lewis  Michel 
paying  their  Lordships  for  the  same  in  sterling  money  in  London  at  the 
end  of  two  years  after  the  arrival  of  the  Palatines  in  North  Carolina  at 
£50.  per  Cent  discount. 

Memdm  the  Secretary  received  a Bill  of  £100.  payable  to  him  for  the 
use  of  the  Lords  Proprietors  upon  Christopher  de  Graffenried  and  due 
upon  the  1st  of  Janry  next  ensuing 

Sign’d  a Warrant  for  Christo]/  de  Graffenried  for  10,000  Acres  of 
land  in  North  Carolina  Agreed  that  Mr  Luis  Michel  have  a Warrant 
for  2500  Acres  of  land  in  North  Carolina  to  him  and  his  heirs  he  pay- 
ing for  the  same  according  to  the  rate  the  Swiss  Cantons  purchased  their 
Land  in  that  part  of  the  Province  aforesaid. 

Adjourned  sine  die 


[B.  P.  R.  O.  N.  C.  B.  T.  7.  p.  26.] 

Craven  House  September  22nd  1709. 
Present 

The  Honorable  Maurice  Ashley  Esq” 

Sir  John  Colleton  Barr6 
John  Danson  Esq" 


COLONIAL  RECORDS. 


72] 


Sign’d  a letter  to  the  Governor  to  recommend  the  Poor  Palatines  to  the 
Assembly  in  North  Carolina 

Sign’d  a Warrant  for  Mr  Lays  Michel  for  2500  acres  of  land  in  North 
Carolina 

Sign’d  a Warrant  to  Christoph*  Gale  Esqr“  Receiver  General  to  supply 
the  poor  Palatines  with  such  Provisions  & Effects  &c.  upon  their  arrival 
there  as  their  Lordships  shall  have  in  his  hands  towards  the  support  and 
maintenance  of  the  poor  Palatines  afored 


[From  the  MSS.  Records  of  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a Monthly  Meeting  in  Pasquotank  at  Symons’  y®  13th  8th  Month 

1709. 

Friends  met  as  usial  to  Inspect  into  the  affairs  of  the  Church  Jere- 
miah Symons  Jun*  appeared  and  through  the  Perswasions  of  Some  friends 
Did  acknowledge  his  Errors  as  followeth  I Jeremiah  Symons  do  sincerely 
acknowledge  that  I am  heartily  sorry  for  my  forward  & unsavory  Expres- 
sions & abuse  given  to  friends  of  what  sort  soever  since  their  Judgment 
was  passed  against  me  and  paper  of  condemnation  against  me  for  my 
disorderly  act  for  which  they  gave  judgment  against  me  as  witness  my 
hand — Jeremiah  Symons  Jun* 

Also  at  the  above  said  meeting  Mathew  Pritchard  acquainted  friends 
that  he  had  a concern  upon  his  mind  to  visit  friends  in  Virginia  A de- 
sireth  a few  lines  by  way  of  certificate  to  friends  there.  The  Meeting 
consenting  thereto  do  appoint  William  Everigin  and  Benjamon  Pritchard 
to  write  the  same 


[F  rom  N.  (J.  Letter  Book.  S.  P.  G.] 

M*  ADAMS  TO  THE  SECRETARY. 

Sir: — Va  Oct  4 1709 

1 doubt  not  but  Mr.  Gordon  informed  you,  by  word  of  mouth,  that, 
when  we  came  hither,  we  found  the  government  in  the  hands  of  such  per- 
sons as  were  promoted  for  God’s  service  and  good  order,  and  from  whom 
we  met  with  all  reasonable  encouragement  in  the  discharge  of  our  mission. 
87 


722 


COLONIAL  RECORDS. 


But  now  the  case  is  sadly  altered,  for  the  Quakers,  alarmed  at  our  arrival, 
did,  in  a most  tumultuous  manner,  stir  up  the  ignorant  and  irreligious, 
who  are  by  much  the  greater  number  in  this  colony,  by  bold  lies  and 
calumnies  against  both  the  government  and  us;  and  we  are  now  ruled  by 
such  as  are  generally  friends  only  to  drunkenness,  irreligious  and  pro- 
fane, insomuch  that  in  many  places  where  before  I met  with  all  encour- 
agement and  civility,  I find  nothing  but  reproaches,  threatenings,  and  ill 
usage;  and  many,  who  then  seemed  zealous  and  forward,  are  now  turned 
quite  back.  Mr.  Gordon  had  experience  of  these  things  in  some  meas- 
ure before  lie  went  over,  but  now  things  are  carried  to  far  greater  extremes. 
The  abuses  and  contumelies  I met  with,  in  my  own  person,  are  but  small 
troubles  to  me  in  respect  of  that  great  grief  of  hearing  the  most  sacred 
parts  of  religion  impiously  profaned  and  ridiculed.  We  had  a commu- 
nion lately,  and  the  looser  sort  at  their  drunken  revelling  spared  not  to 
give  about  their  bread  and  drink  in  the  words  of  administration,  to  bring 
into  contempt  that  most  holy  sacrament,  and  in  derision  of  those  few 
persons  who  then  received  it;  and  yet  such  flagrant  crimes,  notwithstand- 
ing of  my  complaint  to  our  magistrates,  go  unpunished  and  unregarded. 
We  daily  expect  in  our  new  governor,  who,  I hope,  will  set  the  country 
again  in  order  and  redress  our  grievances.  I pray  God  he  may  prove  a 
good  man,  for  upon  his  disposition  will  very  much  depend  the  further 
fruit  of  my  mission. 

In  the  precinct  of  Pascotank,  where  I chiefly  resided  last  year,  are 
thirteen  hundred  and  thirty-two  souls,  whereof  nine  hundred  profess 
themselves  of  the  Church  of  England,  excepting  some  few  Presbyterians, 
who  now  constantly  join  themselves  with  us  in  our  service,  have  had 
their  children  baptized  by  me,  and  are  willing  to  have  them  brought  up 
in  our  way  of  worship.  There  are  about  eleven  who  profess  no  religion  ; 
two  hundred  and  ten  Quakers,  and  two  hundred  and  eleven  negroes,  some 
few  of  which  are  instructed  in  the  principles  of  Christian  religion,  but 
their  masters  will  by  no  means  permit  them  to  be  baptized,  having  a false 
notion  that  a Christian  slave  is,  by  law,  free.  I have  baptized,  since  I 
came,  between  the  parishes  of  Pascotank  and  Caratauk,  two  hundred  and 
thirteen  children  and  two  adult  persons.  I have  administered  the  sacra- 
ment of  the  Lord’s  Supper  three  times:  twice  in  Pasquotank,  where  I 
had  fourteen  communicants;  the  second  time  I had  twenty-four;  and  the 
last  time  I administered  in  Caratauk,  where  I had  thirty — the  names  of 
all  which,  housekeepers,  communicants,  and  baptized  persons,  &c.,  I have 
by  me  in  my  Notitia  Parochialis,  according  to  my  instructions. 


COLONIAL  RECORDS. 


723 


I have  lately  lived  mostly  in  Caratauk,  but  it  is  a precinct  of  so  large 
an  extent,  and  so  much  divided  by  water,  that  I have  not  yet  been  able 
to  get  passages  into  all  the  extreme  corners  of  it. 

In  my  next  I shall  send  you  an  account  of  that  parish,  which  is  not 
above  half  as  populous  as  Pascotank,  and  but  one  professed  Quaker  in 
the  whole  bounds.  Had  the  government  continued  as  we  found  it,  there 
had  been  churches  built  now ; but  since  the  Quakers  and  their  accomplices 
have  got  to  the  helm,  all  such  thoughts  are  laid  aside. 

I have  not  since  I came  to  the  country,  received  so  much  as  to  pay  for 
my  diet  and  lodging,  and  if  I had  not  drawn  bills  upon  Mr.  Hoar,  I had 
been  in  great  want.  I have  a very  laborious  mission,  the  places  I preached 
at  being  some  of  them  sixty,  others  above  seventy  miles  distant.  I bless 
the  Lord  I have  had  my  health  well,  and  I pray  God  to  give  me  his 
grace  so  to  direct  my  ways  in  this  troublesome  and  unsettled  country,  as 
not  only  to  acquit  myself  with  applause  to  those  good  men  who  sent  me, 
but  that  I may  be  likewise  able  to  give  a comfortable  account  of  my 
stewardship  at  that  dreadful  tribunal  where  the  secrets  of  all  hearts  shall 
be  disclosed,  which  shall  be  the  daily  prayer  and  faithful  endeavor  of, 

Sir,  yours,  etc., 

JAMES  ADAMS. 

I wrote  to  you  formerly  of  one  Mr.  Griffin,  who  had  behaved  him- 
self very  remarkably  in  the  office  of  a reader  and  schoolmaster : he  has 
fallen  into  the  sin  of  fornication,  and  joined  with  the  Quakers’  interest, 
which  has  proved  great  stumbling-block  to  many  of  our  persuasion. 


1710. 

[B.  P.  R.  O.  B.  T.  J.  21.  i*.  363.] 

Whitehall.  February  10th  1 70^ 

Mr  Byfield  attending  presented  to  their  Lordships  a Memorial  in  behalf 
of  himself  and  Company  containing  his  proposal  for  contracting  to  fur- 
nish Her  Maj.  Navy  with  pitch  and  tar  from  Carolina  which  was  read 
And  he  added  in  discourse  that  lie  did  not  believe  that  those  commodities 
could  now  be  had  in  Sweden  at  the  rate  he  offered  them  for. 


724 


COLONIAL  RECORDS. 


[From  North  Carolina  Letter  Book.  S.  I\  U.] 


Sru : — 


MR.  ADAMS  TO  THE  SECRETARY. 

Caiiatauk,  March  27,  1710. 


In  ray  last  I gave  you  a large  account  of  the  sad  disorder  and  confu- 
sion of  our  country,  and  till  authority  interposes  we  are  likely  to  con- 
tinue in  the  same  deplorable  condition.  We  have  long  expected  our  new 
governor,  but  now  begin  to  despair  of  his  coming.  I have  taken  par- 
ticular care  to  write  over,  according  to  ray  instructions,  but  have  not 
heard  from  the  society  since  my  arrival  in  America,  which  makes  me 
very  uneasy,  not  knowing  whether  or  not  ray  letters  have  got  to  your 
hands.  Nothing  but  ray  true  concern  for  so  many  poor  souls,  scattered 
abroad  as  sheep  having  no  shepherd,  and  my  duty  to  those  good  men  who 
repose  this  trust  in  me,  could  have  prevailed  on  me  to  stay  in  so  barbar- 
ous and  disorderly  a place  as  this  now  is,  where  I have  undergone  a 
world  of  trouble  and  misery  both  in  body  and  mind.  Had  the  govern- 
ment continued  as  Mr.  Gordon  and  I found  it,  I doubt  not  but  I should 
have  been  able  to  have  given  a very  successful  account  of  my  mission ; 
but  as  long  as  things  continue  as  they  are,  I can  scarcely  have  hopes  of 
making  proselytes  and  gaining  over  that  number  which,  if  backed  by 
authority,  I,  by  the  grace  of  God,  might  probably  have  done.  I have 
met  with  so  many  discouragements  (of  which  my  not  hearing  from  you 
is  none  of  the  least),  that  I intend  (please  God)  next  summer  or  fall,  as 
a passage  shall  offer,  to  embark  for  Great  Britain,  and  shall,  I hope,  pro- 
duce such  testimonies  of  my  endeavors  and  behavior  in  every  respect,  as 
shall  satisfy  you  all  well  of  my  diligence  and  fidelity. 

We  have  in  this  parish  of  Caratauk  five  hundred  and  thirty-nine  souls, 
whereof  ninety-seven  are  negroes,  one  Quaker,  and  five  or  six  of  no  pro- 
fessed religion;  the  rest  all  join  with  mein  our  Church  service.  I have 
baptized,  this  last  year,  thirtv-five  children  between  the  precincts  of  Cara- 
tauk and  Pascotank,  and  some  of  Perquimmins.  I administered  the  Lord’s 
Supper  Christmas  last,  and  had  twenty-seven  communicants. 

I am,  with  all  respects,  sir,  vours,  etc., 

JAMES  ADAMS. 


• COLONIAL  RECORDS. 


725 


[B.  P.  R.  O.  N.  C.  B.  T.  7.  p.  33.] 


Craven  House  Aprill  the  6th  1710 
Present 

His  Grace  the  Duke  of  Beaufort. 

Maurice  Ashley  Esqr 
Sir  John  Colleton  Barr4 
John  Danson  Esqr 

Agreed  that  the  Baron  <le  Graffenried  and  Mr  Lewis  Michel  shall 
have  a lease  of  all  royal  mines  and  minerals  in  the  Province  of  Carolina 
that  they  shall  discover  and  work  for  the  term  of  30  years,  they  being 
at  the  entire  charge  The  produce  of  it  to  be  divided  into  eight  parts 
whereof  four  eights  are  to  be  paid  to  the  Lords  Proprietors  the  other 
four  eights  to  the  said  Baron  de  Graffenried  and  Mr  Lewis  Michel  for 
the  term  of  5 years  after  any  such  Mines  shall  be  found  and  opened. 
But  after  the  aforesd  term  of  five  years  then  the  Lords  to  have  five  eights, 
the  said  Baron  de  Graffenried  and  Mr  Lewis  Michel  three  eights  the 
Lords  being  to  pay  the  Crown  the  fourth  part  according  to  the  Words  of 
the  Charter. 

Ordered  that  the  Secretary  do  give  a copy  of  these  Minutes  to  the 
Baron  de  Graffenried  which  was  done  accordingly. 


[From  Pollock’s  Letter  Book.] 


A COPY  OF  A LETTER  TO  Mr  CHENIN : AND  ISP  BOYDS 

Virginia  April  16.  1710 

Gentlemen 

1 should  have  been  glad  to  have  had  the  happiness  of  enjoying  your 
gVnxl  Company  with  the  President  and  Mr  Knights,  and  still  hope  (when 
your  leisure  permits)  you  will  come  and  spend  a day  or  two  with  us  in 
this  Wilderness.  I thought  it  my  duty  to  communicate  to  you  what 
news  I lately  had  in  a letter  from  Mr  Frederick  Jones.  He  writes  to 
me  that  Mr.  Lawson,  having  been  lately  at  his  house,  informed  him  that 
the  Lords  Proprietors  are  desirous  of  having  Col  Cary  called  to  a strict 
account  for  their  dues:  and  that  also  (after  their  ambiguous  manner)  they 


726 


COLONIAL  RECORDS. 


have  directed  some  warrants  and  precepts  to  the  President  and  Council, 
and,  by  what  he  coidd  gather  from  Mr  Lawson,  not  naming  Col  Cary, 
but  he  seemed  rather  inclined  to  believe,  if  directed  to  any  person,  they 
are  to  President  Glover.  So  that  Mr  Jones  thinks  it  would  be  proper 
that  some  person  should  discourse  Mr  Lawson  in  order  to  concert  such 
proper  methods  as  may  put  the  government  again  on  its  proper  founda- 
tion: to  which  he  seems  to  think  Mr  Lawson  maybe  pursuaded  to  in- 
cline, both  on  the  Lords  Proprietors  account  and  also  on  his  own.  Now 
as  1 am  very  much  persuaded  that  the  Lords  Proprietors  would  not 
direct  any  writings,  precepts  or  warrants  to  Col  Cary  as  President,  nor 
anywise  acknowledge  the  legality  of  his  pretended  presidentship:  so  like- 
wise I am  apt  to  believe  they  would  not  direct  them  to  President  Glover. 
My  reason  is  because  the  Lords  Proprietors  knowing  what  confusion  is 
in  the  country,  they  would  not  be  willing  by  openly  joining  either  party, 
to  foment,  the  difference,  until  the  Governor  or  Deputy  Governor  arrives. 
But  it  seems  more  reasonable  to  me,  (considering  the  Lords  Proprietors 
common  way  of  acting)  to  believe  that  these  writings  were  only  directed 
to  the  President  and  Council  without  naming  any  particular  person,  with 
some  instructions  to  Mr  Lawson  or  Mr  Gale  how  they  shall  proceed 
theirin.  And  I believe  it  very  nessary  to  dissuade,  all  ye  can,  from 
applying  in  any  manner  to  Col.  Cary  as  President:  and  I believe  it 
would  do  very  well  to  assist  at  this  time  President  Glover  with  what 
you  can,  with  your  advises  and  otherwise.  What  news  you  have  from 
Mr  Gale  or  any  otherwise  of  moment,  please  to  acqaint  me  by  the  bearer, 
and  of  the  proceedings  of  this  last  (wise)  Council  at  Perquimens,  if  they 
had  any.  And  if  any  news  of  any  moment  comes  to  me,  you  may  be 
sure  to  have  them  from  him  who  really  is 

Gentlemen  your  L°  S T.  P. 

Mr  Chevin 

Having  a few  skins  to  send  out  by  the  first  opportunity,  would  intreat 
the  favour  of  your  advise  whether  Mr  Porter  in  carrying  out  his  skins 
hath  not  opened  their  eyes  as  to  the  illegality  of  that  Assembly,  and 
whether  may  not  send  out  some  without  paying  their  unreasonable  and 
illegal  duty.  Also,  the  above  from  Mr  Jones  have  not  communicated  to 
any  person  but  yourselves,  wherefore  would  intreat  your  secrecy  therein. 


i 


COLONIAL  RECORDS. 


727 


[From  Pollock’s  Letter  Book.] 


A COPY  OF  A LETTER  TO  Mr  JOHN  LAWSON,  BY  Mr 
MAULE,  TO  BE  LEFT  FOR  HIM  AT 
PRESIDENT  G LOVER’S. 


Mr  Lawson  May  27th  1710 

Almost  ever  since  you  left  America  I have  been  removed  to  Virginia, 
not  being  willing  to  live  under  a government  I knew  was  altogether  ille- 
gal, and  to  avoid  occasion  of  difference;  and  I was  glad  to  understand 
of  your  and  Major  Gale’s  arrival  from  England,  hoping  that  you  may 
have  brought  some  order’s,  or  at  the  least  news  of  the  settling  of  the 
Government.  I doubt  not  you  knew  that  upon  Mr  Porter  arrival  from 
England,  with  the  instruments  of  writing  from  the  Lords  Proprietors 
superceeding  Col.  Cary,  and  giving  all  the  power  of  Administration  of 
the  government  to  the  President,  that  I was  not  present,  nor  at  the  choos- 
ing Mr  Glover  President,  neither  at  anv  other  of  their  meetings,  until 
your  meeting  at  mv  house  in  may,  after  being  about  half  a year  having 
been  sickly  all  that  time,  at  which  meeting  at  my  house,  I,  being  of 
opinion  that  Col.  Cary  had  hard  measure  in  seising  his  brigantine,  en- 
deavoured all  I could  to  bring  all  matter  to  agreement,  which  I effected 
at  that  time;  when  Mr  Glover  was  allowed  of  and  confirmed  President 
bv  Col.  Cary,  Mr  Porter,  and  all  the  Council  and  proclamations  issued 
out  to  command  the  obedience  of  all  the  people  to  [the]  then  established 
government,  So  that  the  consideration  of  the  commission  from  the  Lords 
Proprietors  to  the  President,  their  being  no  other  President  they  could 
direct  to  neither  they  knowing  of  any  other,  and  the  first  chosen  by  all 
the  Deputys  in  the  government  but  myself,  and  then  the  last  confirma- 
tion by  all  the  council,  with  the  proclamation  aforementioned,  fully  satis- 
fyed  me  of  President  Glover’s  right  to  the  Presidentship.  So  that  I was 
obliged  by  the  oath  of  fidelity  to  the  Lords  Proprietors  to  obey  President 
Glover’s  lawful  orders,  and  maintain  the  Lords  Proprietors  Government 
so  far  as  lay  in  my  power;  and  acted  nothing  but  by  the  Presidents  or- 
der. And  l am  conscious  to  myself  that  I acted  for  no  particular  inter- 
est of  my  own,  for  1 could  in  all  reason  [have]  Expected  as  much  favour 
on  any  account  from  Col.  Cary,  if  he  had  continued  in  the  government, 
as  from  President  Glover.  But  it  was  altogether  on  account  of  what  I 
was  obliged  to  do.  And  having  acted  so,  I did  not  think  it  necessary  to 
trouble  the  Lords  Proprietors  with  letters  from  me  who  acted  only  under 


728 


COLONIAL  RECORDS. 


another,  as  a great  many  others  in  the  government  did.  Notwithstand- 
ing all  which  precautions,  it  seems  some  malicious  persons,  out  of  partic- 
ular hatred  they  had  to  me,  or  rather  to  clear  themselves  of  what  they 
were  guilty  of,  have  endeavoured  falsi ly  to  inform  the  Lords  Proprietors 
that  I was  a cause  of  the  late  troubles. 

Wherefore,  Sir,  not  doubting,  but  you  have  some  knowledge  not  only 
of  what  Mr  Porter,  Mr  Moseley,  and  that  party  have  writ  to  the  Lords 
Proprietors,  but  also  of  the  Lords  Proprietors  sentiments,  and  orders  to 
their  Governor,  or  Deputy  Governor,  thereanent,  would  earnestly  intreat 
the  favour  of  you  to  acquaint  me  with  the  whole  matter,  (if  you  be  not 
obliged  no  ways  to  the  contrary)  and  assure  yourself,  if  von  think  it 
necessary,  it  shall  be  locked  up  in  my  breast,  not  to  be  divulged  untill 
you  please,  and  also  your  kindness  in  it  shall  be  ingraven  in  my  mind 
in  indelible  characters. 

Also,  Sir,  I have  another  favour  to  beg  of  you.  There  being  a young 
gentleman  (the  bearer  hereof)  one  Mr  Wm  Maule  on  whom  fortune  hath 
frowned,  having  been  twice  taken  by  the  French  and  lost  very  consider- 
ably, and  being,  I believe,  very  capable  of  surveying,  (if  you  have  not 
deputed  any  other  in  Albemarle  county  or  at  least  in  Chowan  precinct) 
you  will  find  him  (if  it  lie  with  your  conveniency  to  depute  him)  capa- 
ble, diligent,  and  faithful,  and  it  will  be  a very  great  obligation  to 

Yr  Sk  Sr 
T.  P. 

Postcript  Sir  If  you  have  not  an  opportunity  to  send  me  an 
answer  by  Mr  Maule,  (who,  may  be,  will  not  have  the  opportunity  of 
seeing  you)  send  it  to  Mr.  David  Henderson’s,  or  to  Robert  West’s  at 
Choan,  where  I doubt  not  of  having  it  safe. 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


VESTRY  OF  CARATUCK  TO  THE  SOCIETY 


August  25  1710. 

We  the  Church  Wardens  and  Vestrymen  as  Representatives  and  at 
the  request  of  the  Precinct  and  Parish  of  Carahtuck  in  N.  Carolina  do 
desire  to  offer  our  grateful  acknowledgements  in  the  most  humble  and 
hearty  manner  to  the  most  Revd  Father  in  God  Thomas  Lord  A Bp.  of 
Canterbury  Ac.  President  and  the  rest  of  the  members  of  the  Society  for 


COLONIAL  RECORDS. 


729 


the  propagation  of  the  Gospel  in  Foreign  parts  for  their  pious  care  in 
sending  the  Revd  Mr.  James  Adams  among  us  who  has  during  his  abode 
here  (which  has  been  about  two  years  & five  months)  behaved  himself 
in  all  respects  as  a Messenger  of  the  mild  Jesus,  exemplary  in  his  life, 
and  blameless  in  his  conversation  and  now  being  bound  for  England  we 
with  sorrowful  hearts  and  true  love  and  affection  take  our  leave  of  him ; 
we  shall  ever  bless  that  providence  that  placed  him  among  us  and  should 
be  very  unjust  to  his  character  if  we  did  not  give  him  the  testimony  of 
a pious  and  faithful  pastor  whose  sweetness  of  temper,  diligence  in  his 
calling  and  soundness  of  doctrine  has  so  much  conduced  to  promote  the 
great  end  of  his  Mission  that  we  hope  the  good  seed  God  has  enabled  him 
to  sow  will  bear  fruit  upwards  which  has  in  some  measure  appeared 
already  for  the  Sacrament  of  the  Lords  Supper  was  never  before  his 
arrival  never  administered  in  this  Precinct,  yet  we  have  had  more  com- 
municants than  most  of  our  Neighbouring  Parishes  of  Virginia  who 
have  had  the  advantage  of  a better  settled  Ministry  for  many  years. 

We  have  no  more  to  add  but  l>eg  the  Hon.  Society  will  be  pleased  to 
continue  us  still  under  their  charitable  care  for  whatever  our  merits  be, 
our  necessities  are  great  and  all  the  return  we  are  able  to  make  is  to 
praise  God  for  raising  up  so  many  truly  good  friends  to  our  souls  and 
that  Heaven  may  prosper  you  in  so  laudable  so  pious  and  so  charitable 
a design  shall  ever  be  the  subject  of  our  Prayers.  Given  under  our 
hands  this  25th  day  of  August  1710. 

RICHARD  SANDERSON  SENr  \ Church 

JOHN  BENNETT  /Wardens 

JOHN  HODGSON 

Wm  STAFFORD 

BEN.  TULLE 

W”  WILLIAMS 

Rd  SANDERSON  JUNr 

EDWARD  TAYLER 

FOSTER  JARVIS 

THOMAS  TAYLOR 

T 1 lOM AS  NAN DE RM UDEN 

THOMAS  FOURDOTS. 


88 


COLONIAL  RECORDS. 


730 


[From  N.  C.  Letter  Hook.  S.  P.  G.] 


PASCOTANK  VESTRY  TO  TIIE  SOCIETY. 


August  2(5.  1710. 

To  the  most  Reverend  Father  in  God  Thomas  Lord  Archbishop  of 
Canterbury  & President  and  the  rest  of  the  Members  of  that  lion  and 
Noble  Society  for  the  propagation  of  the  Gospel  in  Foreign  parts. 

We  the  Church  Wardens  & Vestrymen  of  the  Parish  & Precinct  of 
Pascotank  in  the  Province  aforesaid  on  behalf  of  ourselves  & at  the 
earnest  request  of  the  Inhabitants  of  aforesaid  Precinct  do  in  all  humility 
& sincerity  render  our  most  hearty  & unfeigned  thanks  & acknowledge- 
ments to  the  Honble  and  noble  Society  for  that  pious  and  charitable  care 
for  the  eternal  welfare  of  our  immortal  souls  in  sending  the  Revd  Mr. 
James  Adams  amongst  us  our  Pastor,  who  by  his  vigilant  faithful  and 
painful  preaching  and  due  administration  of  the  Sacraments,  his  exem- 
plary and  blameless  conversation  together  with  his  peaceable  and  sweet 
temper  and  deportment  all  the  time  of  his  residing  here  (which  has  been 
2 years  and  5 months  in  this  Parish  and  caratuck)  has  justly  merited  the 
character  of  a faithful  painful  pastor  and  orthodox  minister  of  our  Lord 
& Saviour  Jesus  Christ. 

We  hope  the  fruits  & effects  of  his  ministry  &c  will  appear  abundantly 
in  our  lives  & conversation  to  the  Honor  of  Almighty  God  & our  souls 
everlasting  peace  & comfort. 

Divine  Providence  calls  for  his  departure  from  us.  We  take  our  leaves 
with  great  sorrow  for  our  loss,  which  we  hope  may  be  his  gain  ; in  hum- 
bly begging  of  the  Honb1®  & Noble  Society  to  extend  their  further  piety 
& charity  towards  us  that  the  work  of  grace  so  happily  begun  by  the 
indefatigable  pains  & singular  piety  of  the  Revd  Mr  Adams  may  be  sec- 
onded & back  with  the  like  proceedings  & crowned  with  an  answerable 
conclusion  and  that  the  Honble  Society  may  have  a confluence  of  happi- 
ness heaped  upon  them  here  & hereafter  shall  be  the  daily  prayers  of  your 
Honors  most  humble  supplicants  whose  names  are  hereunto  subscribed 
this  26th  day  of  August  1710 


THO.  BOYD 
ROBERT  WALLIS 
JOHN  JENNINGS 
Wm  RELFE 


NIC  CHEVIN 
SAM  DAY  IS 
ROBT  LOWRY 
JOHN  PALIN 


FRAN  DE  LA  WARE 
JOHN  DAVIS 
ANTHONY  HATCH 
THO  RELFE 


COLONIAL  RECORDS. 


731 


[From  Pollock’s  Letter  Hook.] 


A COPY  OF  A LETTER  SENT  BY  MR  MAULE  FOR  ED 
HYDE  ESQr  DEPUTY  GOVERNOR,  NEWLY 
COME  OUT  OF  ENGLAND. 

Hond  Sir  * Blackwater  August  29th  1710 

I humbly  congratulate  your  safe  arrival  For  having  removed  myself 
from  North  Carolina  here  in  the  borders  of  Virginia,  because  1 would 
not  live  under  a government  I knew  was  altogether  illegal,  I have  there- 
fore earnestly  wished  for  your  Honour’s  arrival,  ever  since  I knew  you 
were  designed  here,  that  the  government  being  settled  I might  remove 
myself  to  my  habitation,  not  doubting  (by  the  great  and  good  character 
you  have)  that  you  will  settle  our  religion,  lands,  and  liberties  on  such  sure 
foundations,  that  they  may  never  more  be  in  danger  to  be  insulted  and 
and  trodden  down  by  Quakers,  Atheist  and  Deists,  and  other  evil  disposed 
persons,  and  healing  all  our  differences,  distractions  and  disorders,  encour- 
aging trade,  and  protecting  the  people  in  all  their  just  rights  and  privi- 
leges, you  may  be  happy  in  performing  so  great  and  good  a work,  and 
the  people  happy  under  so  good  a Governor.  The  doubt  of  the  certainty 
of  your  Honor’s  being  arrived,  and  the  uncertainty  to  meet  you  hath 
hindered  me  from  waiting  on  you  at  this  time,  but  (God  willing)  intend 
to  wait  on  you  as  soon  as  you  arrive  in  North  Carolina. 

Hond  sir  John  Ardeon!  Esqr  when  last  with  me  was  thinking  it  would 
be  more  convenient  to  transports  your  goods  this  way  bv  Clioan  river 
than  by  Curetucke,  because  of  the  shoals  by  the  way  of  Curetucke. 
Wherefore  if  your  Honor  thinks  convenient  to  transport  them  by  Clioan 
river,  I have  a small  sloop  at  your  service.  I shall  intreat  your  answer 
by  the  bearer,  and  if  any  way  I can  be  searviceable  to  your  Honor,  you 
shall  need  but  to  command 

Your  Honor’s  M:  H.  and  O:  S‘ 

T.  P. 


[From  the  Mss.  Records  of  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a Monthly  meeting  Held  in  Pasquotank  at  Symon’s  Creek  ye  19th 
Day  of  8th  Month  1710  Friends  met  as  their  manner  is  to  Inspect  into 
the  affairs  of  said  meeting  The  four  friends  appointed  to  Visit  Joseph 


732 


COLON r A L RECORDS. 


.Iordan  appear  and  inform  this  meeting  that  notwithstanding  the  In- 
deavors  and  perswasions  with  him  to  retract  or  Acknowledge  his  error 
in  Striking  William  Griffin  and  refuses  to  hear  them  Disregarding  their 
tender  advice  and  council  to  the  Dissatisfaction  of  this  meeting  and  friends 
in  General  who  might  have  given  judgment  against  the  said  Disorder  had 
it  not  been  for  Joseph  Glaister  & Mathew  Pritchard  who  in  their  tender 
love  to  him  Desired  to  Visit  him  again  which  the  Meeting  Readily  as- 
sented to  Desiring  them  to  bring  his  result  to  next  Monthly  Meeting. 

Also  at  the  said  Meeting  the  Overseers  requested  to  be  Released  from 
their  Service  the  Meeting  Consenting  thereto  have  Chosen  Edward  Mayo 
& William  Everigin  to  serve  in  their  stead 


[From  N.  C.  Letter  Book.  S.  P.  G.] 

• 

COL.  GLOVER  TO  THE  SOCIETY  FOR  PROPAGATING 

THE  GOSPEL. 

N.  C.  Aug  30  1710 

May  it  please  your  Lordships: — 

Although  the  trouble  and  confusion  this  unhappy  country  has  labored 
under,  ever  since  the  arrival  of  your  lordships’  reverend  missionaries, 
has  compelled  me  to  retire  from  all  public  employments;  and  the  poor 
return  we  are  able  to  make  for  your  lordships’  pious  care  and  charitable 
expenses,  admonisheth  me  to  lay  my  hand  upon  my  mouth  and  keep 
silent  till  the  lords  proprietors  shall,  by  their  prudent  care,  have  restored 
order  and  justice  among  us,  under  the  influence  of  which  we  hope,  by 
God’s  grace,  to  bring  forth  better  fruit, — although,  I say,  these  consider- 
ations had  discouraged  me  from  making  any  application  until  I could 
present  your  lordships  with  a fairer  prospect  of  affairs,  yet,  the 
inclosed  papers  being  put  into  my  hands,  I held  myself  bound  to 
present  them  to  your  lordships,  and  join  with  the  subscribers  in  the  char- 
acter they  give  of  the  Reverend  Mr.  Adams,  and  in  which  I am  sure  all 
persons  who  have  anv  respect  either  to  religion  or  loyalty  do  heartily 
concur.  I will  not  enter  into  a relation  of  the  success  his  labors  have 
had;  as  to  that,  his  reverend  successor  will  not,  as  I think  he  is  in  jus- 
tice bound  not  to  be,  be  silent.  And  for  the  difficulties  he  has  met  with, 
he  has  waded  through  them  under  the  vigilant  eyes  of  the  malicious 
enemies,  without  committing  any  thing  unbecoming  a minister  of  our 


COLONIAL  RECORDS. 


7:« 


Lord  and  Saviour  Jesus  Christ.  What  is  further  necessary,  he  is  him- 
self able,  bv  word,  to  supply,  if  any  thing  be  wanting  in  the  account  he 
has  already  given  by  writing,  wherein  I know  he  has  neither  neglected 
opportunity  nor  spared  cost  or  pains. 

These  papers  ought  to  have  come  under  the  public  seal,  but  that  being 
forcibly  detained  in  the  hands  of  those  who  are  professed  enemies  of  the 
Church  as  well  as  to  all  good  order,  it  could  not  be  procured  on  this 
occasion  : being  able,  therefore,  to  give  them  no  greater  confirmation,  I 
humbly  present  them  to  your  lordships’  noble  bounty  to  this  poor  coun- 
try, and  therein  especially  to  your  lordships’ 

Most  obliged  and  humble  servant, 

WILLIAM  GLOVER,  President. 


[From  N.  C.  Letter  Book.  S.  P.  CL] 


MR.  ADAMS  TO  THE  SECRETARY. 

Ya,  4 Sept.,  1710. 

Sir: — 

About  a week  ago  I waited  upon  the  Honorable  Mr.  Hyde,  who  was 
appointed  governor  of  our  country;  and,  as  far  as  1 can  learn,  he  thinks 
it  not  advisable,  as  things  have  happened,  to  go  into  North  Carolina  till 
he  hears  again  from  England;  so  that  God  only  knows  when  our  dis- 
tractions are  to  have  an  end.  Though  we  be  a numerous  and  consider- 
able body  of  people,  yet  we  seem  to  be  below  the  care  of  the  lords  proprie- 
tors, who,  I am  afraid,  are  abused  by  a misrepresentation  of  the  country, 
made  by  the  Quakers  and  their  faction,  or  trust  too  much  to  the  man- 
agement of  Mr.  Danson  a proprietor,  of  the  aforesaid  sect,  who  receives 
his  informations  from  those  of  that  party,  particularly  one  Porter,  a per- 
son notoriously  infamous,  whose  practice  is,  in  conjunction  with  the  Qua- 
kers’ adherents,  when  they  hear  of  any  man  going  from  this  country  who 
is  not  of  their  interest,  to  write  scandalous  lies  and  calumnies  against 
him  to  the  lords  proprietors,  to  lessen  the  said  person's  credit  in  what  he 
shall  say  in  relation  to  the  state  of  the  country.  Thus  they  served  Mr. 
Gordon  and  others,  and  hearing  of  my  intentions  for  Europe,  have  prob- 
ably done  the  same  by  me.  But  I hope  the  testimonies  sent  from  the 
two  parishes  where  1 have  lived  ever  since  my  arrival  in  the  country, 
are  sufficient  enough  to  prevent  all  my  enemies  from  doing  me  any  mis- 
chief that  way.  Mr.  Glover  has  been  solicited  by  worthy  persons  in  Yir- 


COLONIAL  RECORDS. 


734 

ginia,  who  pity  the  lamentable  condition  our  colony  has  so  long  been 
in,  to  write  the  state  of  the  country,  and  dedicate  it  to  the  parliament  of 
Great  Britain  and  commissioners  of  trade;  but  it  is  resolved  to  be  silent 
till  lie  learns  the  determination  of  the  lords  proprietors. 

I have  lived  here  in  a dismal  country  about  two  years  and  a half,  where 
I have  suffered  a world  of  misery  and  trouble,  both  in  body  and  mind; 
I have  gone  through  good  report  and  evil  report,  and  endured  as  much 
as  any  of  your  missionaries  have  done  before  me;  wherefore,  I humbly 
pray  you,  and  hope  the  honorable  society  will  now  lie  pleased  to  alter  my 
mission  to  South  Carolina,  where  I doubt  not  but,  by  God’s  assistance,  1 
shall  be  able  to  do  more  good  ; and  whoever  succeeds  me  here  will  have 
this  advantage,  that  none  of  the  country  will  be  prejudiced  to  his  person 
(as  all  who  adhered  to  the  Quakers  are  to  mine);  and  this  in  my  opin- 
ion, will  not  conduce  a little  to  the  success  of  his  labors.  I have  lodged 
above  this  year  past  in  the  house  of  a planter,  an  old  man,  who,  before 
the  Quakers  got  the  government  in  their  hands,  was  one  of  our  council- 
lors. He  has,  after  his  own  decease  and  his  wife’s,  left  a considerable 
legacy  for  the  encouragement  of  a minister  in  the  parish  where  he  lives, 
which  is  as  follows,  viz:  A very  good  plantation,  upon  which  he  lives, 
with  all  the  houses  and  some  household  furniture,  two  slaves  and  their 
increase  forever,  together  with  a stock  of  cows,  sheep,  hogs,  and  horses, 
with  their  increase  forever;  all  which,  immediately  upon  the  old  people’s 
decease  may  moderately  be  valued  at  £200,  and  in  .some  years  after  may 
prove  a moderate  living  for  a minister  in  itself.  The  old  gentleman’s 
name  is  Sanderson. 

Since  my  last  I have  baptized  forty  persons,  whereof  six  were  adult 
palatines:  the  number  of  communicants  last  Easter  was  twenty-five. 

We  have  in  this  precinct  about  seventy  or  eighty  Indians,  many  of 
which  understand  English  tolerably  well,  but  our  own  distractions  have 
hitherto  prevented  my  thoughts  of  doing  any  great  matters  among  them, 
considering  the  bad  examples  we  show  them. 

I understand,  by  my  lord  of  London’s  letter,  that  the  society  has  been 
pleased  to  augment  my  salary,  for  which  I desire  to  offer  my  most  hum- 
ble thanks. 

I beg  you  will  be  pleased  to  let  me  hear  from  you  by  first  opportu- 
nity, and  remain  with  all  respect,  sir, 

Your  most  humble  servant, 

JAMES  ADAMS. 


COLONIAL  RECORDS. 


735 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol:  13.  0.  65.] 


A JOURNAL  OF  THE  PROCEEDINGS  OF  PHILIP  LUD- 
WELL  AND  NATHANIEL  HARRISON  COMMISSION- 
ERS APPOINTED  FOR  SETTLING  THE  BOUN- 
DARYS  BETWEEN  HER  MAJESTYS  COL- 
ONY AND  DOMINION  OF  VIRGINIA 
AND  THE  PROVINCE  OF 
CAROLINA. 

Before  we  enter  upon  the  Narrative  of  our  proceedings  it  will  be  nec- 
essary to  observe  that  on  the  arrival  of  Her  Majestys  Letters  Mandatory 
directing  the  appointment  of  Comm"  for  settling  the  Boundarys  between 
Virginia  A Carolina,  the  President  & Councill  thought  fitt  to  appoint  us 
on  the  18th  of  Aprill  last  to  be  the  Commissioners  for  that  purpose,  A on 
the  27th  of  the  same  month  our  Instructions  were  agreed  on  in  Council. 
Thereupon  Mr  President  (after  having  discoursed  Mr  Lawson  one  of  the 
Commissioners  of  Carolina)  writt  to  the  sd  Comm"  on  the  5th  of  May  no- 
tifying our  being  ready,  & named  the  9th  of  June  as  a proper  time  for  a 
meeting  of  both  Commissioners  at  Williamsburgh  to  concert  A adjust  the 
method  of  proceeding  in  this  affair,  In  anwer  to  wch  letter,  Mr  Lawson 
writt  to  the  President  that  he  had  not  seen  Mr  Moseley  (the  other  Coinin') 
that  he  was  then  very  busy  in  settling  the  Palatines  (in  wch  he  expected 
to  meet  with  much  difficulty  by  reason  of  the  distractions  of  that  Gov- 
ernment) and  that  therefore  they  the  Comm"  of  Carolina  could  not  meet 
us  according  to  that  appointment,  but  hoped  they  should  be  able  to  do  it 
in  July,  A M "Moseley  in  a letter  of  the  5th  of  June  excused  his  attend- 
ing the  Meeting  as  not  having  then  seen  M1  Lawson  nor  the  powers  given 
them  by  the  Lords  Proprietors,  but  that  when  he  had,  he  would  give 
timely  notice  when  they  the  Comm"  of  Carolina  could  meet. 

Thus  this  matter  stood  at  the  arrival  of  the  Lieut1  Governor  who  hav- 
ing thought  it  necessary  to  have  our  Instructions  re-examined  A consid- 
ered before  himself  in  Council,  was  pleased  on  the  sixth  of  July  to  sign 
our  Commission,  A Instructions  according  as  they  had  been  agreed  on. 

On  the  18th  of  July  we  received  our  Commission  at  Williamsburgh,  A 
there  hearing  no  farther  of  the  intentions  of  the  Comm"  of  Carolina, 
We  writt  the  following  Letter  to  them. 


COLONIA L RECORDS. 


736 


W II.LIAMSBU KGH  July  18th  1710. 

“Gentlemen 

“ Having  received  a Commission  from  Her  Majesty’s  Lieutenant  Gov- 
ernor to  Act  in  conjunetion  with  you  lor  settling  the  Boundary*  be- 
tween this  Her  Majestys  Colony  of  Carolina  we  were  in  hopes  that 
“according  to  what  you  were  pleased  to  writt  to  Mr  President  Jenings, 
“you  would  have  signifyed  to  us  when  you  could  conveniently  have  met 
“us,  for  adjusting  the  proper  methods  of  carrying  on  this  work,  hut  hav- 
“ ing  heard  nothing  from  you  since  Yr  Answer  to  the  Presidents  Letter, 
“We  think  ourselves  obliged  very  earnestly  to  desire  you  will  let  us 
“ know  your  last  resolution,  whether  wee  may  expect  to  meet  you  at  Wil- 
“liamsburgh  any  time  this  month;  or  if  you  do  not  think  fitt  to  meett 
“us  there,  we  desire  you  to  appoint  some  other  place  where  we  may  meet 
“you  this  month  because  the  season  of’  the  year  will  not  admitt  of  any 
“ longer  delay.  We  are 

Gent 

Your  most  humble  servants 

PHIL:  LU DWELL 
Superscribe  NATT:  HARRISON 

“To  Edwd  Moseley  & Jn°  Lawson  Esq" 

“Comm”  appointed  by  the  Lords 
“Proprietors  of  Carolina,  for  settling 
“the  Limits  thereof  or  either  of  them 
in  North  Carolina. 

We  communicated  this  letter  to  the  Governor,  who  was  pleased  to  de- 
sire we  would  press  the  Commissioners  of  Carolina  to  give  the  most  ex- 
peditous  dispatch  that  could  be  to  this  affair,  whereupon  we  writt  the  fol- 
lowing postscript  to  this  letter. 

“July  the  ll)th  1710.  Coll : Spotswood  our  Governor  being  very  press- 
ing to  have  this  atfair  expedited  as  much  as  possible,  we  are  obliged 
“once  more  to  desire  you  will  please  to  appoint  us  the  shortest  day  of 
“meeting  that  can  be,  and  that  you  will  give  this  messenger  the  quick- 
est dispatch  with  yor  Answer,  which  will  very  much  oblige 
Gent 

Yr  most  humble  servants 

P L 
N H 

On  the  1st  of  August  I (Nath : Harrison)  received  the  following  let- 
ter from  Mr  Moseley  by  the  same  Messenger  that  carryed  our  letter  to 
him. 


COLONIAL  RECORDS. 


737 


North  Carolina  July  25th  1710. 

“Gent 

“This  day  I received  yours  of  the  18th  instant  relating  to  the  Boun- 
“darys  between  this  Govern nf  and  Virginia,  I think  myself  obliged  to 
“acquaint  you  that  I have  taken  all  the  necessary  measures  I possibly 
“could  to  bring  it  to  some  issue,  for  immediately  after  my  receipt  of  Mr 
“ President  Jening’s  Letter  (which  came  from  Mr  Lawson)  I dispatched 
“a  Letter  to  Neus  desiring  Mr  Lawson  to  inform  me  when  he  could 
“be  at  Leasure  from  his  concerns  with  the  Palatines  lately  arrived,  that 
“we  might  attend  this  business;  Since  which  on  the  nineteenth  of  the 
“last  month  I pressed  him  to  a speedy  Determination,  but  to  this 
“time  have  received  no  answer  which  I ascribe  to  the  great  Distance  he 
“is  from  me,  at  least  an  hundred  miles,  and  three  Large  and  difficult 
“ Ferry s in  the  way.  However  1 have  adventured  to  appoint  the  one 
“and  twentieth  of  August  next  for  our  meeting  you  at  Williamsburgh 
“agreeable  to  Mr  President  Jening’s  request  and  yours,  being  desirous  to 
“shew  my  ready  complyance  to  anything  that  may  make  evident  my 
“willingness  to  retrieve  the  passed  time. 

“I  design  to-morrow  to  send  a Messenger  directly  to  Mr  Lawson  to 
“advertise  him  hereof.  In  the  meantime 

I am 
Gent 

Your  most  humble  servant 

EDW4  MOSELEY 

August  21“  We  went  to  Williamsburgh  expecting  to  have  meett  the 
Comm”  of  Carolina,  but  they  did  not  come.  August  25th  Being  in- 
formed that  Mr  Hyde  (Governor  of  North  Carolina)  was  come  to  Wil- 
liamsburgh, and  expecting  the  Comm”  were  come  with  him  1 (Philip 
Lndwcll)  went  thither  where  I understood  Mr.  Lawson  had  been  there, 
and  was  gone  to  Captain  Jones’  with  design  to  return  home  speedily  there 
being  no  news  of  Mr  Moseley.  1 immediately  waited  on  the  Governor 
to  receive  the  Direcons  how  to  proceed  who  was  pleased  to  direct  me  to 
dispatch  a Messenger  early  next  morning  to  Mr  Mosel y to  desire  his  Com- 
pany as  soon  as  possible  at  Wmsburgh  and  in  the  mean  time  he  was 
pleased  to  engage  Mr  1 jawson  to  stay  for  the  return  of  the  Messenger. 
August  26th  Early  in  the  morning  1 sent  away  the  following  letter  to 
Mr  Nathaniel  Harrison  to  be  by  him  sent  to  Mr  Moseley. 

Virginia  August  25th  1710.  Conformable  to  your  appointment  in  your 
letter  of  the  25th  of  July.  W e mett  at  Wmsburgh  on  the  21“  instant  where 


89 


738 


COLONIAL  RECORDS. 


we  flattered  ourselves  we  should  have  had  the  honour  of  your  Company 
but  being  disappointed  of  it  that  day  without  hearing  from  you  and  also 
being  informed  that  several  Carolina  gentlemen  designed  to  wait  on  Mr 
Hyde  that  very  day  at  Norfolk  We  concluded  we  should  see  you  at 
Williamsburgh  in  two  or  three  days  Our  Conjecture  proved  not  alto- 
gether wrong  for  Mr  Lawson  arrived  on  Wednesday  or  Thursday  (having 
been  hindered  a day  or  two  in  his  passage)  but  not  finding  you  here 
resolved  to  return  home  speedily  Our  Governor  Coll.  Spotswood  being 
desirous  to  bring  this  affair  to  as  speedy  a Conclusion  as  may  be  (and 
being  apprehensive  that  if  we  fail  of  a meeting  while  Mr  Lawson  is  here 
it  will  be  in  vain  to  expect  any  further  proceedings  in  Concert  with  you 
this  year)  commands  us  to  desire  yr  Company  at  Wm8hurgh  as  soon  as 
possible  because  Mr  Lawson’s  affairs  are  very  urgent  and  his  Honr  has 
undertaken  to  engage  Mr  Lawson  to  stay  three  or  four  days  longer 
We  send  this  by  an  Express  & hope  to  have  the  Honour  of  your  Com- 
pany at  Williamsburgh  by  Wednesday  next  where  we  shall  he  always 
ready  to  do  everything  that  can  be  expected  for  expediting  this  good 
Work  and  in  the  meantime,  We  are  Sr 

Your  most  humble  servants 

PHILIP  LUDWELL 
NATH:  HARRISON 

To  Edward  Moseley  Esq”  one  of 
the  Commissioners  appointed  for 
setting  the  bounds  betwixt  Vir- 
ginia & Carolina,  at  his  house  in 
North  Carolina 

As  soon  as  this  Letter  was  dispatched  1 sent  a letter  to  Mr  Lawson 
Inviting  him  to  my  house  & to  inform  him  that  We  had  sent  to  Mr 
Moseley  and  expected  lie  would  come  in  four  or  five  days,  In  answer 
to  which  he  writt  that  he  had  already  promised  the  Governor  to  stay 
for  the  return  of  the  Messenger. 

Aug1  30.  We  mett  the  Carolina  Commissioners  in  the  Conference  room 
in  the  Capitol.  As  soon  as  our  Commissions  on  both  sides  were  read  Mr 
Moseley  objected  that  we  could  not  treat  of  this  affair  because  there  was  a 
variance  in  our  Commissions.  For  their  Com5  impowered  them  only  to 
Act  in  Conjunction  with  us  and  by  the  preamble  of  our  Comm"  it  seemed 
that  the  Queen  designed  no  more  A yet  our  Commission  impowered  us 
to  Act  separately.  This  he  insisted  on  very  much  questioning  the  Gov- 
ernors power  to  give  such  a Commission.  We  argued  that  it  could  be 
no  objection  that  a Commission  had  too  full  a power  given  him  to  treat 


COLONIAL  RECORDS. 


739 


That  our'  Commission  appointed  us  to  Act  in  in  Conjunction  it'  they 
would,  A to  that  end  we  were  mett  and  if  our  Commission  did  go  fur- 
ther to  impower  us  to  act  seperately  in  case  of  disagreement  that  could 
be  no  objection  till  we  had  treated  A tryed  whether  we  could  agree  or  not 
besides  We  thought  that  what  we  were  appointed  to  do  in  case  of  Disa- 
greement could  not  properly  be  called  acting  seperately  since  it  was 
nothing  but  what  was  necessary  for  giving  Her  Majesty  a full  informa- 
tion of  the  Case  whereby  she  might  be  enabled  to  make  a Determination 
of  it  A as  to  the  Governors  power  since  he  had  given  it  under  his  hand 
that  it  was  in  pursuance  of  Her  Majestys  commands  we  should  not  doubt 
his  power  nor  our  own  if  she  did  not  agree.  At  last  Mr  Lawson  being 
satisfied  Mr  Moseley  was  forced  to  quitt  the  argument  and  then  we  pro- 
ceeded as  the  Minuts  taken  by  Mr  Robertson  will  shew,  but  we  must 
remark  that  Mr  Moseley  started  all  the  captious  Arguments  and  Excep- 
tions that  could  be. 

This  Conference  ended  without  coming  to  any  other  agreement  than 
that  we  would  proceed  to  take  more  Affidavits  on  both  sides  & then  make 
a Tryal  of  the  Latitude  at  both  the  contested  places.  In  order  to  which 
Mr  Moseley  agreed  to  come  to  Green  Spring  the  next  day,  from  whence 
we  were  to  sett  out  to  take  the  Virginia  Affidavits  first,  but  I (Nathaniel 
Harrison)  being  taken  very  ill  of  an  Ague  that  night,  I (Philip  Ludwell) 
went  to  the  Governor’s  next  day  to  meet  Mr  Moseley  A endeavour  to  put 
off  our  Survey  for  two  days,  but  I found  Mr  Moseley  very  urgent  to 
delay  it  much  longer,  for  he  said  his  horse  was  gravelled,  A he  had  such 
urgent  business  that  he  must  go  home  at  last  (the  Governor  pressing  him 
very  much)  In*  came  to  this  resolution  that  on  Tuesday  the  19th  he  would 
come  to  the  house  of  Mr  Nath:  Harrison  to  proceed  in  taking  our  evi- 
dences in  Virginia,  and  from  thence  we  should  go  with  him  to  Carolina 
to  take  their  evidences,  which  we  hoped  might  be  done  by  the  28th,  against 
which  time  he  was  to  give  Mr  Lawson  (whom  he  expected  to  see  that 
night)  notice  to  meet  us  with  his  Instruments  to  go  A try  the  Latitude. 

September  21st  Having  waited  in  vain  these  two  days  for  Mr  Moseleys 
coming  We  proceeded  to  (’oil.  Harrison’s,  where  we  mett  with  Thomas 
Cotton  A took  his  Affidavit  From  thence  we  went  to  Henry  Brigg’s, 
where  we  mett  Rich4  Washington  A took  his  Affidavit  from  whence  we 
proceeded  in  our  way  to  Nottoway. 

The  22nd  We  went  to  the  Nottoway  Indian  Town,  where  we  had 
appointed  Henry  Wych  to  meet  Us  to  give  his  Deposition,  but  he  did 
not  come.  Here  we  took  the  Examinations  of  three  Wyanoake  Indian 
women  that  live  here;  having  given  them  strict  Charge  to  tell  nothing 


740 


COLONIAL  RECORDS. 


but  the  truth.  But  the  Nottoway  Indian  old  men  being  gone  to  gather 
Chinkopens  We  deferred  the  taking  their  Examinations  till  our  Return, 
and  went  to  the  Nansemond  or  Potchiak  Indians  Town.  In  our  way 
thither  we  rnett  one  Richard  Bratwell  who  told  us  that  he  had  entered 
for  about  1000  acres  of  land  wjth  Mr  Moseley  and  had  it  surveyed  upon 
Maherine  River,  being  persuaded  to  it  by  the  sd  Moseley,  who  assured 
him  it  was  in  the  Carolina  Government  and  that  Nottoway  River  was 
Wyanoake  and  he  pretended  to  read  a copy  of  the  Carolina  Charter  which 
express’d  that  they  were  to  begin  at  the  North  end  of  Carotuck  Inlett, 
A to  go  to  Weyanoake  River  or  Creek  being  in  36|  Deg  Lat;  A that 
Mr  Moseley  did  take  the  Latitude  of  Nottoway  River’s  mouth,  & told 
him  & others  then  present  that  it  agreed,  and  from  thence  he  run  a due 
West  Course  to  Maharine  River,  and  we  afterwards  had  ye  same  acco* 
from  others.  But  Mr  Moseley  on  our  asking  him,  denyed  that  lie  i^ad 
ever  tried  the  lattitude  of  Nottoway  River,  tho’  he  owned  lie  had  run  a 
line  from  the  mouth  of  it  due  West  to  Maharine  River,  wch  he  did  by 
order  of  their  Council. 

The  23rd.  We  took  the  Examinations  of  Great  Peter  the  Nansemond 
Indian  after  his  Examination  he  told  us,  that  sometime  before,  lie  was 
sent  for  to  Coll : Pollocks,  where  were  Governor  Hyde,  Mr  Lawson, 
Coll:  Pollock  & others,  they  examined  him  concerning  the  Wyanoake 
Indians  and  Weyanoke  Creek  that  he  gave  them  the  same  relation  lie  has 
given  us,  and  that  thereupon  Coll.  Pollock  was  angry  with  him  & said, 
such  storys  would  do  the  Proprietors  a mischief;  he  answered  that  he  did 
not  come  of  himself  to  tell  any  storys,  but  was  sent  for,  A if  he  desired 
to  hear  it,  he  would  tell  him  the  truth,  but  if  that  would  not  please  him 
he  would  not  tell  him  a lye.  That  Mr  Hyde  said  lie  was  in  the  right, 
he  said  Coll.  Pollock  urged  him  very  much  to  drink,  but  he  thought  they 
had  a design  upon  him  & would  not. 

Then  we  proceeded  to  the  Maherine  Indian  Town  and  took  their  Ex- 
amination. At  this  place  there  was  one  John  Beverley,  who  reckons 
himself  an  inhabitant  of  Carolina,  whom  we  desired  to  take  notice  of  the 
manner  of  our  proceeding  in  taking  the  Examinations  and  of  the  ques- 
tions asked  them.  This  man  had  been  all  up  Wicocon  Creek  A had 
taken  up  some  land  in  the  Fork  of  the  Creek  where  the  Weyanoake 
Town  stood  and  when  we  made  the  Indians  mark  out  upon  the  ground, 
the  Creek  A Swamps,  A the  places  where  the  Weyanoake  Indians  had 
Corn  fields  he  confessed  the  Creek  Swamps  A old  fields  were  as  they  de- 
scribed them. 

The  24th  we  set  out  for  Mr  Moseley’s. 


COLONIAL  RECORDS. 


741 


The  25th  we  arrived  at  Mr  Moseleys,  who  seemed  surprized  at  our 
coming  having  as  he  told  us  sent  a Messenger  to  excuse  his  not  meeting 
us  at  Mr  Harrison’s  and  prevent  our  disappointment,  here  we  stayed  this 
day  & the  next  in  expectation  of  Edward  Smethwick  & Francis  Tomras 
two  witnesses  wch  Mr  Moseley  sent  for,  but  they  both  made  excuses  that 
they  were  not  able  to  come.  While  we  were  here  Mr  Moseley  showed 
us  a Letter  from  Mr  Lawson  dated  from  Little  River  the  sixth  of  Sep- 
tember wherein  he  complains  of  the  shortness  of  the  time  for  taking  the 
Latitude  (tho  much  later  than  he  had  formerly  agreed  on  at  our  meeting 
at  Wm8burgh  his  pinnace  not  being  come  for  him,  however  he  promised 
to  meet  or  get  his  Instruments  at  the  place  appointed  if  possible,  and 
recommending  to  Mr  Moseley  a brass  semi  circle  that  was  in  that  neigh- 
borhood in  case  his  did  not  come — but  amongst  the  rest  he  writt  that  he 
thought  it  would  be  of  very  ill  consequence  for  them  to  submit  to  our 
appointments.  This  Semi  Circle  Mr  Moseley  showed  us,  but  said  he  did 
not  think  fit  to  carry  it  to  the  place  appointed  to  try  the  Latitude,  it  being 
so  small  that  it  could  not  be  certainly  determined  thereby  ; for  the  Radius 
was  but  6 inches,  & was  not  capable  of  being  graduated  to  less  than  10 
minutes,  wherefore  he  would  depend  upon  Mr  Lawson  bringing  or  send- 
ing his  Instrument. 

The  27th.  We  proposed  to  Mr  Moseley  to  go  to  Lis  Evidences  but 
Smethwick  living  at  a great  distance  up  Morattuck  River,  & Mr  Moseley 
not  desiring  us  to  go  thither  we  went  to  Francis  Tomm’s  house  and  took 
his  declarations  being  a Quaker,  and  here  we  must  observe  that  Mr  Mose- 
ley acted  very  disengenuouslv,  for  when  Thom’s  answered  some  of  our 
questions  to  woh  Mr  Moseley  had  made  no  objection,  tho  hi'  answered  the 
same  things  over  several  times  we  could  not  without  quarrelling  prevail 
with  him  to  set  down  the  answers  in  y®  same  terms  that  Tomms  spoke 
them,  blit  would  be  putting  other  words  of  a different  signification  into 
his  mouth,  and  endeavouring  to  prevail  with  him  to  speak  them. 

The  28th.  We  went  to  James  Farlows  to  take  his  affidavit  but  Mr 
Moseley  having  given  him  no  notice  of  our  coming,  lie  was  gone  12  or 
15  mile  from  home  towards  Mr  Moseleys  home,  which  was  directly  back 
again,  and  Mr  Moseley  not  insisting  upon  him  as  a material  evidence 
(for  lie  told  us  he  did  not  know  what  he  could  sav,  but  that  having  lived 
in  Appomatux  he  supposed  he  could  sav  something)  We  proceeded  to 
Maherine  River  to  meet  Mr  Beverley  & Mr  Allen  the  Surveyors  with 
whom  we  had  appointed  to  meet  Mr  Moseley  and  Mr  Lawson  the  next 
dav  at  Wicoeon  or  Wvanoake  Creek. 


742 


COLONIAL  RECORDS. 


The  29th.  We  went  to  Wycocon  Creek  where  we  mett  Mr  Moseley 
but  Mr  Lawson  sent  an  Excuse  & and  one  to  act  in  his  room  ; They  had 
no  sort  of  Instrument  with  them.  He  took  the  Latitude  at  noon  with 
Mr  Beverleys  Sea  Quadrant,  the  Radius  whereof  was  two  foot  3 inches, 
& well  graduated  to  two  Minutes  A:  a good  plumb  & fine  thread.  AVe 
found  the  Zenith  distance  of  the  sun  to  be  43deg:  lbm  the  Declination  of 
the  Sun  we  allowed  to  be  Gd : 33m.  The  Parallax  we  allowed  to  be  two 
min:  By  woh  observation  the  Latitude  appeared  to  be  3Gd : 41m.  The 
day  being  very  clear,  this  observation  was  taken  at  the  window  Earlis 
about  2 miles  up  the  Creek,  there  being  no  firm  land  nearer  but  all 
sunken  marsh  & Pocoson.  Our  horses  getting  from  us  last  night,  we 
could  not  reach  this  place  till  a quarter  after  eleven,  so  that  we  had  not 
time  to  fix  the  quadrant  to  stand  by  itself,  but  held  it  by  hand  rested  by 
a stake  of  a fence  & standing  on  another  stake:  To  this  Mr  Moseley  ob- 
jected  that  it  was  lyable  to  error  & not  so  nice  & certain  as  it  ought  to 
be,  wherefore  we  resolved  to  stay  till  next  day  and  take  another  obser- 
vation. This  day  we  examined  Jn°  Smith  AVm  Bush  Rich  Booth  & 
Charles  Merrit. 

The  30th.  We  took  the  affidavit  of  William  Hooker,  and  Mr  Moseley 
took  the  affidavit  of  Lewis  Williams  Then  we  proceeded  again  to  take 
the  latitude  at  the  same  place  as  yesterday  having  fixed  the  quadrant 
very  firm  & nicely,  & used  a horse  hair  to  the  plumb  instead  of  the 
thread,  and  according  to  the  best  of*  our  observation  we  found  the  zenith 
distance  to  be  43d:  29m  The  Declination  we  allowed  to  be  Gd.  57m  the 
Paralax  2m.  By  which  observation  the  latitude  appeared  to  be  36d  40m. 
But  some  flying  clouds  intercepting  the  sun  for  some  few  minutes,  this 
observation  could  not  be  depended  upon  to  a minute,  yet  Mr  Beverly  was 
positive  he  was  within  4 or  5 minutes  at  y*  utmost,  A:  we  verily  believe 
it  was  not  above  5 or  G minutes  betwixt  the  last  fair  observation,  & the 
time  we  found  the  sun  was  considerably  fallen:  but  Mr  Moseley  being 
dissatisfyed  we  resolved  to  stay  another  day  & take  a new  observation 
for  his  satisfaction.  This  day  we  went  down  the  Creek  by  water  to  the 
mouth  of  it,  & took  ve  Courses  & Distances  of  the  meanders,  & found 
the  Creeks  mouth  to  be  20  Poles  to  ye  Southward  of  the  place  where  we 
took  the  observation.  Here  Chowan  River  is  about  a quarter  of  a mile 
wide  and  the  Creek  near  100  yards.  It  may  not  be  improper  in  this 
place  to  observe  a true  reason  for  Mr  Moseleys  leaving  behind  him  his 
Brass  Instrument  for  trying  the  latitude,  that  what  he  was  pleased  to 
(live,  of  its  being  too  small:  For  he  owned  he  had  with  the  same  Instru- 
ment taken  the  latitude  of  his  own  house,  & afterwards  showed  us  a map 


COLONIAL  RECORDS. 


743 


of  that  part  of  Carolina  woh  he  had  made  from  his  own  surveys;  by  woh 
he  must  certainly  know  what  course  ct  distance  Weyanoake  or  Wicocon 
Creek  was  from  his  house,  and  thereby  could  tell  within  10  minutes  in 
what  latitude  the  Creek  lay  according  to  that  Instrument  But  if  by  bring- 
ing that  Instrument  he  should  have  discovered  to  us  that  the  said  Creek 
was  in  the  latitude  of  their  charter,  or  perhaps  to  the  Northward  of  it 
(as  it  appeared  to  be  by  our  Quadrant)  it  might  have  been  difficult  for 
him  with  all  the  subtlety  whereof  he  is  Master,  to  have  found  a speci- 
ous excuse  against  so  plain  a Demonstration,  whereas  bv  bringing  no  In- 
strument of  his  own  he  left  himself  at  full  liberty  to  find  fault  with  ours. 

The  1’*  of  October  was  very  cloudy,  so  that  we  could  take  no  observa- 
tion, and  the  sky  threatening  bad  weather,  we  resolved  to  stay  no'longer, 
but  to  go  back  to  the  Maherine  Indians  to  examine  them  again  in  Mr 
Moseley’s  presence,  & in  our  way  thither  we  took  the  examination  of 
John  Brown. 

The  2nd  The  Maherine  Indians  not  being  at  home  we  proceeded  to 
the  Nansemond  Indian  Town,  in  order  to  take  the  latitude  at  Nottoway 
Rivers  mouth,  & to  examine  those  Indians;  but  when  we  came  there, 
most  of  the  Indians  were  gone  abroad  to  get  Chinoopens  & it  being  a 
rainy  day  we  could  take  no  observation. 

I (Philip  Ludwell)  came  up  Chowan  River  almost  from  Wicocon 
Creek  by  water  with  Mr  Beverley  & set  the  Courses  of  the  River  as  we 
came  up,  & guessed  the  distances,  by  wch  we  might  be  enabled  to  compute 
how  near  our  observations  at  the  two  places  agreed,  A we  found  them  to 
agree  very  near. 

At  the  Nansemond  Town  the  Interpreter  told  us  that  when  he  went 
down  to  Wicocon  Creek  with  a Nansemond  Indian  called  Robin  Tucker 
who  was  sent  by  the  Indians  to  shew  us  the  Creek  on  woh  the  Wyanoakes 
formerly  lived,  he  called  at  one  \\  illiam  Williams’s  house,  where  he  met 
with  one  Mr  Maul  (who  is  y®  same  person  appointed  bv  Mr  Lawson  to 
supply  his  place  at  our  taking  the  Latitude)  and  that  being  sometime  in 
the  House  and  the  Indian  left  without,  as  soon  as  he  (the  Interpreter)  came 
out,  the  Indian  told  him,  That  man  (meaning  Mr  Maul)  was  not  good 
for  he  had  been  (persuading)  him  to  deny  that  the  Wevanoakes  had  lived 
on  \\  ieocon  Creek,  & promised  him  two  bottles  of  powder  and  a thou- 
sand shott  to  do  it.  I pon  \\ch  we  examined  the  Indian  charging  him  not 
to  tell  a lv  of  the  Gentleman,  A he  assured  us  it  was  very  true.  This 
Mr  Maul  is  Mr  Lawson’s  Depute  Surveyor. 

The  23rd.  W e went  to  the  mouth  of  Nottoway  River  and  in  an  old 
field  on  y®  North  East  side  of  Chowan  just  opposite  to  the  Lower  side  of 


744 


COLONIAL  RECORDS. 


Nottoway  River,  called  by  the  people  of  Carolina  Weyonoake  Creek,  We 
eiitt  off  the  logs  of  a small  tree,  and  fixed  the  Quadrant  very  nicely  to  the 
stumps  of  it,  & the  day  being  very  clear  we  had  a good  observation. 
We  found  the  zenith  distance  to  be  d4o:  m6.  the  Declination  we  allowed 
for  that  day  to  be  d8:  m4  the  Parralax  m2  by  which  observation  (Ik;  lati- 
tude of  the  place  appeared  to  he  just  .47  Deg:  But  the  Gentlemen  were 

not  satisfied  yet,  tho  they  stood  continually  looking  on  y®  Instrument  at 
Mr  Beverleys  elbow,  the  pretence  for  their  cavilling  here  was  on  this  oc- 
casion Mr  Beverley  while  he  perceived  the  sun  still  rising  let  the  Instru- 
ment stay  a considerable  time,  and  when  he  thought  the  sun  at  the  high- 
est, he  then  moved  it,  bv  which  means  it  altered  about  10  min:  from  what 
it  was  before,  and  we  did  not  perceive  the  sun  to  rise  any  more  after- 
wards. Upon  which  they  agreed  it  was  all  uncertain,  ct  that  this  could 
not  be  taken  for  the  sun’s  true  latitude;  we  endeavoured  to  continue 
there,  & Mr  Beverly  desired  Mr  Moseley  to  try  it  himself : but  they 
would  allow  no  Instrument  to  be  fitt  for  taking  the  Latitude  except  Mr 
Lawson’s,  woh  they  design  to  have  some  time  or  other,  and  then  they  ex- 
pect we  should  meet  them  again.  We  think  the  observations  wery  exact, 
but  they  cavill  at  every  thing,  for  no  other  reason  (as  we  can  find)  but 
only  to  delay  for  we  understand  Mr  Moseley  has  pursuaded  people  to  take 
up  & has  already  survey’d  almost  all  the  land  in  dispute  near  the  mouth 
of  the  rivers  that  is  of  any  value,  telling  them  that  they  need  be  in  no 
doubt,  that  Nottoway  River  lay  exactly  in  the  Latitude  of  their  Charter 
& that  he  ran  a West  line  from  thence  to  Maherine  River  and  the  people 
on  this  aceo*  believe  themselves  very  safe. 

That  he  has  himself  taken  up  a great  deal  of  land  there,  part  of  wch 
he  has  sold  & there  are  vet  no  patents  issued  for  any  of  those  lands  but 
he  hopes  to  procure  them  (as  we  suppose)  upon  the  arrival  of  a Governor 
or  other  settlement  of  their  Government)  yet  fears  he  shall  not  only  lose 
his  own  land  hut  he  forced  to  refund  what  the  poor  people  have  paid  him 
if  it  be  determined  to  belong  to  Virginia  before  he  can  obtain  patents  in 
Carolina,  so  that  t'is  not  to  he  wondered  he  has  fished  for  so  many  pre- 
tences to  obstruct  a work  upon  the  Determination  whereof  his  own  In- 
terest is  like  to  suffer. 

The  4th  After  a very  hard  journey  we  arrived  at  Nath1  Harrison’s 
where  we  found  Mr  Moseley’s  letter  of  excuse  dated  Sunday  September 
the  17th  with  a Copy  of  Smeth wicks  Affidavit.  The  messenger  that 
brought  this  letter  returned  to  Mr  Moseleys  while  we  were  there.  We 
asked  him  when  he  arrived  at  Mr  Harrisons?  he  answered  on  the  Fri- 
day after  we  set  out,  and  being  asked  what  made  him  so  long  on  his 


COLONIAL  RECORDS. 


745 


journey  as  from  Sunday  to  Friday,  he  answered  he  did  not  set  out  on 
his  Journey  till  Tuesday,  woh  was  the  day  we  were  to  meet. 

To  the  Honble  Alexander  Spotswood  Esq™  Her  Majestys  Lieutenant  Gov- 
ernor of  Virginia — 

May  it  please  yor  Honr 

Having  in  the  preceding  Journal  given  yor  Honr  a full  account  of  our 
proceedings  hitherto  in  this  affair.  We  humbly  beg  leave  to  offer  vor  IIonr 
our  thoughts  upon  the  state  of  the  Case,  which  from  the  best  observa- 
tions we  have  made  appears  to  us  to  stand  thus. 

On  the  part  of  Virginia 

l“l  There  are  two  positive  Evidences  of  good  fame  to  the  place  A 
name  of  Weyano-ake  Creek. 

2nd  Several  Evidences  corroborating  the  Indians  account  of  the  Wey- 
anoak  Indians  having  bought  land  & lived  upon  the  said  Creek  and  very 
near  it  for  several  years,  not  long  before  the  Grant  of  the  Carolina  Char- 
ter: from  whence  probably  the  Creek  took  its  name,  having  no  name 
before  that  we  heard  of. 

3rd  All  our  Evidences  arc  unanimous  as  to  the  name  of  Nottoway  River 
which  with  the  Indians  account,  corroborated  by  English  Evidences  of 
the  Weyanoaks  paying  an  acknowledgement  to  the  Nottoways  (who  lived 
there  long  before)  for  living  on  that  River,  makes  it  seem  improbable 
the  name  of  that  River  should  be  changed  from  their  living  a few  years 
upon  it,  at  least  twenty  five  miles  from  the  mouth,  when  they  lived 
much  longer  upon  Blaekwater  without  altering  the  name  of  it. 

4th  The  Evidences  on  the  part  of  Virginia  are  all  men  of  good  Credit 
and  agree  very  well  in  their  relation. 

5th  The  Latitude  of  Weyanoak  or  Wevcocon  Creek  appears  to  agree 
very  near  with  the  Carolina  Grant  whereas  Nottoway  River  appears  to 
be  thirty  minutes  to  the  Northward  of  it. 

On  the  part  of  Carolina 

1st  They  have  no  Evidences  that  speak  to  the  name  of  Weyanoak  or 
Wevcocon  Creek  at  the  time  of  their  Grant. 

2nd  All  their  Evidence  runs  to  the  name  of  W eyanoak  River  A not 
one  calls  it  a Creek  A indeed  Nottoway  River  seems  to  be  the  main 
branch  of  Chowan  River,  A it  is  Navigable  (if  it  were  cleared)  as  high 
as  the  head  of  Blaekwater  Swamp,  whereas  there  Charter  runs  expressly 
to  Wevanoak  Creek  A that  is  called  a Creek  to  this  dav. 


COLONIAL  RECORDS. 


7 n; 


.‘>rd  Their  Witnesses  are  all  very  ignorant  men  & most  of  them  men 
of  ill  fame  that  have  run  away  from  Virginia  some  of  them  concerned 
in  Interest  & we  plainly  discover  several  of  them  did  not  understand* 
what  they  swore  in  their  Affidavits  & we  observe  that  all  of  them  con- 
tradict themselves  or  one  another. 

Upon  Consideration  of  the  whole  Case  as  the  Circumstances  have  ap- 
peared to  be  in  the  whole  Course  of  our  Progress,  we  are  clearly  con- 
vinced that  the  place  call’d  Weyeocon  is  the  place  called  Weyanoak 
Creek  in  the  Carolina  Charter,  & from  the  backwardness  of  the  Carolina 
Comm"  to  meet  us  & to  bring  this  business  to  a conclusion,  together  with 
the  frivolous  objections  they  make  upon  all  occasions  to  retard  our  pro- 
ceedings, & some  other  Observations  we  have  made,  which  are  too  tedious 
to  insert  here,  we  cannot  choose  but  believe  that  they  or  one  of  them  at 
least  is  convinced  of  this  in  his  own  J udgt  (if  he  would  be  so  ingenuous 
as  to  own  it)  but  either  for  private  interest  or  some  other  reason  to  them- 
selves best  known  they  hope  to  put  off  the  Decision  for  some  time. 


AT  A COUNCILL  ‘HELD  AT  THE  CAPITOLL  THE  24th 
DAY  OF  OCTOBER  1710. 


Upon  reading  & considering  at  this  Board  the  Journal  & report  of 
Phillip  Ludwell  Esq"cfc  Nath1  Harrison  Gents  Commissioners  appointed 
for  settling  the  Boundarys  bet  ween  this  her  Majestys  Colony  & the  prov- 
ince of  Carolina.  The  Councill  are  of  opinion,  that  for  obviating  any 
misrepresentations  wch  may  be  made  in  England  by  the  Com"  on  the 


Vera  Copia 


PHILIP  LUDWELL. 
N.  HARRISON. 


Wil  : Robertson  S‘.  Com. 


fB.  P.  R.  O.  B.  T.  Virginia.  Vol.  13.  ().  65.] 


Present 

The  Honble  the  Lieut4  Govern 


Ed\vd  Jenings 
Dudley  Diggs 
Rob1  Carter 


Jn°  Smith 
Jn°  Lewis 


Henry  Duke 


Jn°  Curtis  Esq" 
Ja:  Blair  Com" 
Phillip  Ludwell 


Wm  Churchill 
and 


Wm  Byrd  Esq" 


COLONIAL  RECORDS. 


747 


part  of  Carolina,  It  is  necessary  for  her  Majtys  Service,  to  transmit  to 
the  II*  Honbl®  the  Lords  Com"  for  Trade  & plantations,  a Copy  of  the  sd 
Journall  & report,  & likewise  represent  to  their  Lordships  the  difficul- 
ties wch  the  Comiss"  appointed  for  this  Colony  have  encountered  in  order 
to  bring  those  of  Carolina,  to  joyne  in  the  necessary  measures  for  accom- 
plishing this  work.  That  the  sd  Comiss"  of  Carolina,  are  both  of  them 
persons  engaged  in  Interest  to  obstruct  it,  for  one  of  those  Gentlemen 
has  been  for  Severall  years  last  past  Surveyor  General  of  that  Province, 
& has  acquired  to  himself  great  profit  by  Surveying  Lands  wthin  the  con- 
troverted bounds,  and  has  taken  up  severall  tracts  of  land  in  his  owne 
name  & sold  the  same  to  others  for  wch  he  stands  still  obliged  to  obtaine 
patents  from  the  Governm*  of  Carolina.  The  other  of  them  is  at  this 
time  Surveyor  Generali,  & hath  the  same  prospect  of  advantage  by  mak- 
ing future  surveys  within  y®  said  Bounds — That  the  whole  behaviour  of 
the  Carolina  Comiss"  hath  tended  visibly  to  no  other  end  than  to  pro- 
tract & Defeat  the  Settling  this  Affair ; & particularly  Mr  Moseley  has  used 
so  many  Shifts  & excuses  to  disappoint  all  Conference  wth  the  Comiss"  of 
Virga  as  plainly  show  his  Aversion  to  proceed  in  a business  that  tends 
so  manifestly  to  his  disadvantage.  Ilis  prevaricatting  on  this  occasion 
hath  been  so  indiscreet  & unguarded,  as  to  be  discovered  in  the  presence 
of  her  Majtys  Lieut*  Govern®  He  started  so  many  Captious  objections,  to 
the  powers  granted  to  Comiss"  of  Virga  w‘h  designe  to  render  their  Con- 
ferences ineffeetuall,  that  his  owne  Colleague  could  hardly  find  an  Excuse 
for  him.  And  when  the  Govern®  had  with  much  ado  prevailed  wth  the 
said  M®  Mosely,  to  appoint  a time  for  meeting  the  Comiss"  of  Virg*  & 
bringing  the  necessary  Instruments,  to  take  the  lattitude  of  the  Bounds 
in  Controversy  (wch  Instruments  he  owned  were  ready  in  Carolina)  he  not 
only  failed  to  comply  with  his  own  appointment,  but  after  the  Comiss”  of 
Virga  had  taken  the  pains  to  make  a journey  to  his  house,  & attend  him  to 
the  places  proper  for  observing  the  Lattitude,  he  would  not  take  the  trouble 
of  carrying  his  owne  Instrument,  but  contented  himself  to  find  fault 
with  the  Quadrant  produced  by  the  other  side,  tho’  the  same  be  an  Instru- 
ment approved  by  the  best  Mathamaticians,  & of  universall  use.  From 
all  wch  it  is  evident,  how  little  hopes  there  are  of  Settling  the  sd  Boun- 
dary's in  concert  with  the  present  Comiss”  of  Carolina.  That  tho’  the 
bound  of  the  Carolina  Charter  are  in  express  words  limited  to  Weyan- 
oake  Creek  lying  in  or  about  thirty  six  degrees  & thirty  minutes  of 
north  Latitude,  Yet  the  sd  Comiss"  of  Carolina  have  not  by  any  of 
their  Evidences,  pretended  to  prove  any  such  place  as  Weyanoake  Creek, 
the  whole  of  their  Evidence  reached  no  further  than  to  prove  Wevan- 


748 


COLONIAL  RECORDS. 


oake  river  & even  that  is  contradicted  by  the  affidavits  vvch  have  been 
taken  on  the  parts  of  Virginia.  By  these  it  is  proved  that  before  the 
date  of  the  Carolina  Charter  & all  along  to  this  day  the  plate  they  pre- 
tend to  be  Weyanoake  River,  was  is  still  called  Nottoway  River.  But 
supposing  the  same  had  been  called  Weyanoake  river,  it  can  be  nothing 
to  their  purpose,  since  everyone  knows  there  is  a great  difference  between 
a River  & Creek:  besides  there  are  in  this  Country  diverse  rivers  & 
Creeks  of  the  same  name,  Potomack  River  & Potomack  Creek,  Rappa- 
hanock  River  & Rappahanock  Creek,  & several  others  & yet  there  are 
many  miles  differences  between  the  mouths  of  those  Rivers,  & the  mouths 
of  the  Creeks  of  the  same  Name.  It  is  also  remarkable  that  the  wit- 
nesses on  the  part  of  Carolina  are  all  very  ignorant  persons,  & most  of 
them  of  ill  fame  & reputation,  <fe  on  y*  acco1  were  forced  to  fly  from  Virg* 
to  Carolina.  Further  there  appear  many  contradictions  in  their  Testi- 
mony, wch  shall  be  particularly  observed,  when  this  matter  shall  be  ripe 
for  a final  re port.  Whereas  on  the  other  hand,  the  witnesses  for  proving 
her  Majtys  right  are  persons  of  clear  fame  & eminent  figure  in  this  Coun- 
try, likewise  their  knowledge  of  those  parts  is  more  ancient  than  any 
of  the  witnesses  of  Carolina,  & their  Evidence  fully  corroborated  by  the 
Concurrant  testimony  of  the  Tributary  Indians,  it  is  also  Confirmed 
by  the  observations  of  y*  Latitude  lately  taken  in  those  parts;  by  which 
it  is  very  plain  that  the  Creek  proved  to  be  Weyanoake  Creek  by  the 
Yirga  Evidences,  & sometimes  called  Wayocon,  Answers  best  to  the 
Lattitude  described  in  ye  Carolina  Charter;  For  this  lys  in  thirty  six 
(legs  & forty  minute  (wch  is  ten  minutes  to  the  northward  of  the  limits 
prescribed  in  their  grant)  But  Nottaway  River  wch  they  pretend  to  have 
been  called  Weyanoake  River,  lyes  exactly  in  the  lattitude  of  thirty 
seven  deg8  & can  by  no  construction  be  supposed  to  be  the  Boudarys 
described  in  their  Charter.  So  y‘  upon  the  whole  matter,  if  the  Comiss" 
of  Carolina  had  no  other  views  than  to  clear  the  just  right  of  the  Pro- 
prietors, such  undeniable  Demonstrations  would  be  sufficient  to  convince 
them,  But  the  said  Comr™  give  too  much  Cause  to  suspect  that  they  mix 
their  own  private  Interests,  with  the  Claims  of  their  Masters,  & for  that 
reason  endeavour  to  gain  time  in  order  to  secure  patents  for  the  lands  already 
unwarrantably  taken  up,  & to  have  liscence  to  survey  the  rest  & on  this 
occasion  it  is  observable  that  they  proceed  to  survey  the  land  in  dispute, 
notwithstanding  the  assurance  given  bv  that  Government  to  the  Contrary, 
by  their  letter  of  the  17th  of  dune  1707  in  wch  they  say  That  no  lands 
should  be  taken  up  wthin  the  Contra  verted  Bounds,  till  the  same  were 
Determined.  This  Board  do  therefore  humbly  Conceive  it  Necessary  for 


COLONIAL  RECORDS. 


749 


her  Maj4ys  service  that  a letter  be  vvritt  to  the  present  Govern1,  or  Presid4 
of  Carolina  to  assert  her  Maj4y8  Right  to  all  the  lands  to  the  Northward 
of  the  mouth  of  Weyanoke  Creek  & the  line  that  will  run  in  a due  west 
course  from  thence  to  Morattuck  River,  as  it  is  proved  by  the  witnesses 
on  the  part  of  Virga  & also  to  protest  against  the  signing  of  patents  for 
any  lands  within  those  Bounds,  till  her  Maj4ys  pleasure  be  known.  And 
because  the  Governm4  of  North  Carolina,  who  have  broke  thro  their  for- 
mer engagements,  may  still  refuse  to  Comply  with  so  just  a Caution.  It 
is  humbly  prayed  that  the  R‘  Honble  the  Lords  Comiss”  for  Trade  A 
Plantations,  will  be  pleased  to  take  such  measure,  as  they  shall  think 
proper,  wth  the  Lords  proprietors  of  Carolina,  to  Stop  the  passing  of  any 
such  patents,  & to  vacate  the  same  if  already  passed,  For  besides  the 
many  inconveniences  woh  may  happen  to  this  her  Maj4'8  Govern m‘  of 
Virg*,  by  allowing  of  such  grants.  It  is  highly  unreasonable  that  her 
Majesty  should  be  deprived  of  her  just  dues  for  the  Entrvs  & Quit  rents 
of  those  lands,  & that  the  Governm4  of  Carolina  or  any  private  persons 
whatsoever  should  reap  advantage  by  their  illegal  encroachments  on  her 
Majty‘  property — 

And  for  preventing  all  occasions  of  complaint  wch  may  be  made  on  the 
part  of  the  Comso”  of  Carolina,  it  is  ordered  that  the  Comiss”  for  this 
her  Maj4y“  Colony  do  attend  them  at  such  times  as  they  shall  appoint,  for 
trying  the  Lattitude  by  their  Instruments,  <fc  for  Examining  the  witnesses 
wch  they  yet  pretend  to  have.  And  in  Case  the  sd  Commiss"  of  Carolina 
shall  still  refuse  to  lay  out  the  Boundarys,  according  to  her  Majty*  direc- 
tions, The  Com”  of  Virga  are  further  required  to  Endeavour,  that  a state 
of  the  Case  be  drawne  up  «&  signed  bv  both  partvs,  according  to  the  truth 
of  the  facts  proved,  in  order  to  be  laved  before  her  Majesty  for  her  lloyal  1 
pleasure  & final  Determination  therein. 

Vera  Copia 

\Vm  ROBERTSON  Cl.  Com: 


[It.  P.  R.  ().  N.  C.  It.  T.  7.  r.  35.] 


Craven  House  Decern br  y*  7th  1710. 
Present 

His  Excellency  William  Lord  Craven  Palatin 
His  Grace  the  Duke  of  Beaufort. 

The  Honble  Maurice  Ashlev 
John  Danson  Esq” 


750 


COLONIAL  RECORDS. 


Moved  by  his  Grace  the  Duke  of  Beaufort  that  a Govemour  be  made 
for  North  Carolina  Independent  of  the  Governour  of  South  Carolina 
Agreed  that  Edward.  Hyde  Esq”  be  made  Governour  of  North  Caro- 
lina 


[Spotswood’s  Letters.  Vol.  1.  p.  44.] 


GOVERNOR  SPOTSWOOD  TO  GOVERNOR  IIYDE. 


W’msburoh  in  Virg’a,  December  15th,  1710. 

Sir  : 

The  Commissioners  appointed  on  her  Majesty’s  behalf  for  settling 
the  Boundary's  between  this  Colony  and  Carolina,  have  reported  to  me, 
that  notwithstanding  the  publick  engagements  of  the  late  President  and 
Council  of  Carolina,  that  no  lands  should  be  taken  up  within  the 
contra  verted  bounds  till  they  were  finally  settled  and  adjusted.  Never- 
theless great  Tracts  of  Land  have  been  surveyed  and  taken  up  in  those 
parts  by  the  Inhabitants  of  Carolina,  and  laid  out  by  the  Surveyor  of 
that  Province,  and  that  the  present  Surveyor  General  of  Carolina  and 
his  deputies  still  continue  ye  same  encroaehm’ts  on  her  Majesty’s  pro- 
perty, although  neither  of  them  can  be  ignorant  how  far  it  is  aimed  on 
her  Majesty’s  behalf,  after  having  been  privy  to  the  proofs  and  examin- 
ations taken  by  the  Comm’rs  for  settling  the  Boundary's.  Wherefore, 
that  I may  remove  the  unreasonable  pretences  of  such  people  who  may 
fancy  themselves  to  have  acquired  a Right  to  those  Lands  bv  their  un- 
warrantable Encroachments,  1 think  it  necessary  to  acquaint  you  that  1 
do  in  her  Majesty’s  name  assert  her  Right  to  all  the  Lands  lying  to  the 
Northward  of  the  mouth  of  Weyanoake  Creek,  now  called  Way  cocon, 
and  to  the  Northward  of  the  Line  w’ch  according  to  ye  Charter  of  the 
Proprietors  of  Carolina  ought  to  be  run  in  a due  west  course  from  thence 
to  ye  South  seas.  And  I do  further  protest  against  the  signing  of  Pat- 
ents for  any  land  lying  to  the  Northward  of  that  Line  and  Boundary. 
And  for  as  much  as  T have  lately  issued  a proclamation  containing  the 
former  prohibition  of  making  Entrys  within  ve  disputed  bounds  by  the 
Surveyors  or  Inhabitants  of  this  Colony,  it  -will  not  I hope  be  thought 
unreasonable  that  I expect  the  like  prohibition  to  be  made  on  the  part 
of  the  Government  of  Carolina  untill  the  determination  of  the  present  dis- 
putes concerning  the  bounds,  w’ch  I shal  on  mv  part  endeavor  to  hasten 
as  much  as  possible. 

Directed  To  the  hon’ble  Edw’d  Hide,  Esq’r, 

Gov’r  of  North  Carolina  in  Council. 


COLONIAL  RECORDS. 


7dl 


1711. 

[B.  P.  R.  ().  B.  T.  Virginia.  Vol.  13.  O.  77.] 


PART  OF  A LETTER  FROM  COLL:  HYDE  DATED  NORTH 
CAROLINA  JANUARY  THE  21st  17}f 

And  now  as  to  that  part  of  vonrs  and  the  letter  from  this  Council 
relating  to  the  houndarys,  I shall  have  all  the  regard  possible  to  it,  and 
will  lay  it  before  the  Council  as  soon  as  these  Commissions  are  perfected 
which  I hope  will  be  to-morrow.  And  then  by  the  first  opportunity  after 
you  shall  have  the  result  from  me,  and  were  it  only  a matter  wherein 
yourself  were  concerned  I should  ever  act  with  the  greatest  respect  pos- 
sible, but  this  being  a matter  of  so  great  a consequence  wherein  the  Queen 
is  concerned  and  a Charter  granted  from  the  Crown  to  the  Lords  Pro- 
prietors I dare  not  presume  to  act  of  myself  in  it,  but  with  the  approba- 
tion of  the  Council.  I have  forwarded  a letter  to  Mr  Lawson,  and  am  sorry 
to  hear  that  anything  has  been  acted  as  it  not  approved  on  by  you,  or 
anything  neglected  as  might  have  been  done  more  to  vour  satisfaction.  I 
have  great  complaints  how  they  in  Virginia  drive  over  the  Meherron 
River  great  stocks  of  Cattle,  which  drive  stocks  of  this  Colony  along 
with  them,  and  if  the  owners  look  after  them,  they  are  upbraided  with 
destroying  those  they  have  nothing  to  do  with,  The  Meherron  Indians 
are  very  insolent  and  very  abusive  to  our  Inhabitants,  and  kill  Cattle  and 
Hoggs  of  ours,  supposing  they  can  have  protection  from  you,  1 hope  you 
will  not  countenance  anything  of  that  sort,  but  that  there  may  be  a fair 
decorum  kept,  till  the  contraverted  bounds  be  determined  and  that  you 
will  not  proceed  in  drawing  the  Line  till  the  Comm™  of  this  place  join, 
which  I shall  endeavour  to  forward  with  all  the  earnestness  1 can. 


ANSWER  TO  THE  FOREGOING  LETTER  DATED  FEB" 

3d  1710. 

I'm  sorry  to  hear  that  our  Tributary  Indians  disturb  or  injure  any  of 
her  Majesty’s  subjects,  and  shall  take  care  to  prevent  as  much  as  I can 
any  ground  of  complaint  as  to  the  Maherines;  but  if  those  injurys  are 
done  to  persons  within  the  contraverted  bounds  1 think  they  have  as 
little  reason  to  complain  as  they  have  Right  to  be  there.  I’m  sure  none 
of  them  have  had  any  liberty  from  this  Government  to  take  up  land  in 
those  parts  and  I hope  the  Government  of  Carolina  have  had  the  same 


7o2 


COLONIAL  RECORDS. 


regal’d  to  their  own  publiek  engagements  not  to  slitter  anv  encroachments 
to  be  made  by  the  Inhabitants  of  that  Province  which  we  have  had  the 
more  reason  to  expect  from  them  out  of  respect  to  her  Majesty  in  whose 
behalfe  that  Land  has  along  been  claimed. 


LETTER  FROM  COLL:  HYDE  DATED  NORTH  CA ROLINA 
JANUARY  29th  17ff 

I take  this  occasion  to  inform  yon  that  I have  considered  vour  letter, 
and  am  willing  to  putt  to  further  Entrys  on  the  North  side  of  Wiceouse, 
till  the  meeting  of  the  next  Council  the  12th  of  March,  bv  which  time  1 
expect  to  have  the  Lords  Proprietors  Instructions  to  their  Commissioners 
laid  before  us,  and  till  then  can  give  no  further  answer  to  that,  reserving 
withall  to  the  present  Possessors  and  Claimers  (by  virtue  of  Entrys  & 
Surveys)  their  rights  which  cannot  with  reason  be  slighted,  because  it 
hath  always  been  taken  with  good  reason,  to  be  within  this  Government, 
and  shall  give  orders  accordingly.  I take  it  to  be  necessary  also  to 
acquaint  you,  that  the  Meherron  Indians  made  an  agreement  with  this 
Government,  that  they  would  not  claim  any  land  on  the  south  side  of 
Maherine  River.  Notwithstanding  which  they  have  interrupted  the 
present  Possessors  of  the  Lands  between  Maherine  River  and  Wiceouse 
Creek,  requiring  them  to  leave  their  plantations  without  delay  within 
three  miles  of  their  town,  and  have  been  very  insolent  therein,  which  they 
pretend  an  authority  from  your  Government  for  so  doing,  and  are  en- 
croaching upon  the  branches  of  W iceouse,  which  may  with  reason  be 
hoped  will  be  checked  by  you.  I shall  press  our  Commissioners  all  in 
my  power  to  forward  the  matter,  so  that  they  and  yours  may  act  in  con- 
junction together,  and  I would  persuade  myselfe  that  you  would  not  pre- 
cipitate this  affair,  till  our  Commissioners  join  yours,  and  I have  ground 
to  conjecture  that  Mr  Lawson  has  been  or  still  is  under  some  great  dis- 
order, or  I should  have  received  an  answer  to  mine  which  was  forthwith 
sent  him  upon  my  receipt  of  yours. 

I shall  always  be  glad  to  preserve  a good  understanding  and  corres- 
pondence betwixt  the  two  Governments,  and  will  never  be  wanting  on  my 
side  to  effect  it  in  all  things  that  I can  answer  to  my  Masters. 

And  tho’  in  comparison  of  Virginia  ours  is  an  infant  Government  I 
promise  mvself  from  your  candour  that  no  hardships  be  offered  us,  till 
the  controverted  bounds  be  fullv  determined.  I am  Ac 


COLONIAL  RECORDS. 


753 


ANSWER  TO  THE  FOREGOING  LETTER. 

Since  my  Letter  of  the  3d  instant  I received  by  ('apt:  Jones  yours  of 
the  29th  of  January  which  I had  an  opportunity  next  day  after  the  re- 
ceipt to  communicate  to  the  Council,  and  can’t  forbear  letting  you  know 
with  how  much  satisfaction  they  received  the  assurances  of  your  readi- 
ness to  stop  further  Entrys  within  the  contraverted  bounds,  and  to  find 
in  the  Government  of  Carolina  a Gentleman  whose  word  can  be  de- 
pended on,  after  the  publick  engagements  of  those  formerly  in  the 
administration  there  have  proved  of  no  effect,  and  have  been  so  little 
regarded  that  the  Surveyor  General  who  was  then  one  of  the  Council, 
and  obliged  himself  under  his  hand  to  suffer  no  further  encroachments 
on  the  Lands  in  dispute  has  been  the  principal  occasion  of  those  that 
have  been  committed  since. 

It  has  been  the  chief  care  of  those  in  the  administration  of  affairs  here 
after  they  understood  the  pretensions  of  the  1 jords  Proprietors  to  hinder  the 
seating  of  any  of  the  Inhabitants  of  this  Colony  on  the  land  in  Contro- 
versy, to  which  purpose  orders  have  been  issued  from  time  to  time  to 
restrain  them  ; and  to  discourage  them  the  more  it  was  thought  necessary  to 
give  publick  notice  that  none  who  did  unwarrantably  seat  themselves  upon 
that  Land  should  be  admitted  to  claim  any  Right,  if  it  should  be  deter- 
mined to  belong  to  her  Majesty  and  for  that  reason  I cannot  agree  to 
what  you  are  pleased  to  intimate  in  your  Letter  of  reserving  tothepres- 
sent  Possessors  and  Claimers  the  Rights  they  appere  themselves  to  have 
acquired  by  virtue  of  Entrys  or  Surveys  ought  to  have  been  made  before 
the  bounds  had  been  ascertained,  there  being  no  reason  why  that  Land 
should  be  taken  to  belong  to  the  Proprietors  untill  the  disputes  are 
determined  since  the  presumption  of  right  till  then  is  much  stronger  for 
the  Queen,  and  there’s  as  little  reason  that  the  Inhabitants  of  Carolina 
should  be  on  a better  foot  than  those  of  Virginia.  I shall  be  very  glad 
to  have  this  matter  brought  to  an  issue  as  soon  as  may  be,  by  the  inter- 
vention of  the  Comm”  that  are  appointed  for  that  purpose ; but  if  you  will 
consider  how  long  it  has  been  in  agitation  I’m  persuaded  you  will  not  think 
there  has  been  any  precipitation  used  in  negotiating  that  in  the  space  of 
ten  months  (for  it  is  no  less  since  it  was  first  sett  on  foot)  which  might 
have  been  done  in  less  than  one;  and  if  your  Commissioners  be  left  to 
their  own  inclinations,  I’m  apt  to  believe  according  to  what  they  have 
acted  hitherto,  they  will  find  excuses  to  delay  it  as  many  years  as  they 
have  already  done  months.  For  my  part  as  1 must  plainly  declare  that 
91 


COLONIAL  RECORDS. 


To  | 


to  proofed  with  such  Dilatory  ness  is  not  paying  a just  deference  to  her 
Majesty’s  commands  so  on  the  other  hand  it  cannot  be  for  the  interest 
either  of  the  Queen  or  of  the  Proprietors,  since  whatsoever  has  the  right 
must  in  the  mean  time  lose  the  benefit  of  the  Quit  rents,  and  that  loss 
together  with  the  Distractions  among  the  People  through  the  uncertainty 
of  their  titles  will  be  but  slenderly  compensated  by  the  private  gain  of 
your  Comm”  in  the  immediate  surveys  tho’  that  seems  to  have  been  their 
chief  aim  in  all  these  affected  delayes  they  have  used  in  this  Affair  You 
have  yourself  been  witness  how  much  I have  pressed  them  to  proceed  and 
how  little  effect  I have  had  of  their  promise,  I have  now  lately  had  Let- 
ters from  England  Pressing  a speedy  conclusion  of  this  matter.  Where- 
fore I am  fully  resolved  that  if  I don’t  speedily  hear  that  your  Comm" 
intend  to  proceed  in  good  earnest  I shall  order  our  Commissioners  to  go 
on  without  them,  and  to  prepare  the  best  state  of  the  case  they  can  in 
order  to  be  laid  before  her  Majesty. 

(Endorsed) 

Recd  5th  June 

Read 


*} 


1711 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  58. — Extracts.] 

JOURNAL  OF  THE  VA  COUNCIL.  1711. 

At  a Council  held  the  6th  day  of  February  1710. 

The  Governor  having  been  pleased  to  communicate  to  this  Board  two 
Letters  from  Col.  Hyde  Governor  of  North  Carolina  dated  the  21st  and 
29th  of  January  complaining  that  the  Maherine  Indians  disturb  the  In- 
habitants of  that  Province  between  Maherine  River  and  Wiccouse  Creek, 
and  have  required  them  to  leave  their  plantations  within  three  miles  of 
the  said  Indian  town,  and  desiring  that  a check  be  put  to  their  proceed- 
ings in  that  kind  till  the  bounds  be  determined  which  he  promises  to  for- 
ward by  pressing  their  Comm"  to  act  in  conjunction  with  those  appointed 
for  this  Colony;  but  withall  desiring  that  this  Affair  may  not  be  precipi- 
tated till  their  Com”  can  joine.  Upon  consideration  of  which  this  Board 
are  of  opinion  that  as  to  what  concerns  the  Maherine  Indians  they  have 
much  more  reason  to  complain  than  the  Inhabitants  of  Carolina  the  lat- 
ter having  been  along  the  Aggressors  in  disturbing  the  antient  possessions 
of  the  Indians  by  their  new  Incroachments  and  that  the  Government  of 
Carolina  would  have  had  no  reason  to  complaine  of  disturbances  from 


COLONIAL  RECORDS. 


< DO 


those  Indians  if  they  had  followed  the  same  method  as  has  been  observed 
here  of  restraining  the  taking  up  land  within  the  contraverted  bounds,  to 
which  they  cannot  be  said  to  have  a Right  untill  the  bounds  be  deter- 
mined the  presumption  of  Right  being  till  then  more  strong  in  favour  of 
her  Majesty  and  therefore  this  Government  are  in  the  meantime  obliged 
to  protect  the  Indians  in  the  possession  of  those  Lands  to  which  they  are 
intitled,  by  the  articles  of  peace  against  the  pretensions  of  the  Inhabitants 
of  that  Province.  And  as  to  what  relates  to  the  meeting  of  the  Com- 
missioners for  settling  the  Boundarys.  This  Board  are  of  opinion  that 
a letter  be  writt  to  the  Governor  of  Carolina  signifying  to  him  that  after 
the  many  delays  which  the  Comm™  of  that  Province  have  used,  it  cannot 
be  justly  said  to  be  any  precipitation  if  the  Comm™  for  this  Colony  are 
directed  to  proceed  without  them  in  case  they  do  not  speedily  fix  a time 
for  proceeding  jointly  in  this  Negociation. 


[B.  P.  R.  ().  B.  T.  Virginia.  Vol.  13.  O.  75. — Extract,  (i.] 


COLONEL  SPOTSWOOD  TO  TIIE  BOARD  OF  TRADE 


My  Lords, 

* 


Virginia  March  the  0th  171 0(— 1 1 ) 
* * * 


* * * * 

Notwithstanding  all  the  instances  I have  made  to  the  Government  of 
Carolina  for  obtaining  a speedy  determination  of  the  Boundarvs  I have 
not  been  able  to  bring  their  Commissioners  to  any  resolutions,  and  it 
plainly  appears  to  me  that  their  Chief  design  is  to  dclave  it.  1 send 
your  Lordships  the  Copvs  of  the  Letters  that  have  passed  between  (’oil. 
Hyde  the  Governor  of  that  Country  and  me;  on  this  occasion  : 1 must 
do  him  the  justice  to  believe  lie  is  for  his  own  part  very  well  inclined  to 
bring  this  affair  to  a speedy  conclusion  but  lie  is  upon  so  precarious  a foot- 
ing there,  and  his  authority  so  little  that  he  is  forced  to  submitt  his  own 
judgement  to  others  whose  interests  are  like  to  suffer  by  an  equitable  de- 
termination of  this  Controversie. 

H<  * 2jc 

My  Lords  vour  Lordships 

Most  dutifull  and  most  obedient 
Humble  servant 


A.  SPOTSWOOD. 


(Endorsed) 
Reed  5th  June  1 .... 
Read  8th  June  J 1 ' 11 


756 


COLONIAL  RECORDS. 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


DE  GRAFFENREID  TO  BISHOP  OF  LONDON. 

From  New  Bern,  in  North  Carolina,  20th  April,  1711. 
My  good  and  excellent  Lord  : — 

The  misfortune  I met  with  in  all  being  unexpectedly  hurried  away 
from  London  to  New  Castle  to  meet  my  Swissers,  in  order  to  trans- 
port them  into  North  Carolina  after  those  six  hundred  and  fifty  pal- 
atines, I had  sent  before,  which  unlooked  arrival  of  them  so  far  north, 
gave  me  notice  to  pay  my  duty  to  your  lordship,  whom  then,  1 was 
told,  was  neither  in  London  norat  Fulham.  I can  assure  your  lordship 
no  person  of  any  rank  is  unacquainted  with  that  great  and  good  charac- 
ter your  lordship  has,  and  merits.  So  1 can  make  no  excuse  on  that  be- 
half, but  heartily  beg  pardon,  and  at  the  same  time  humbly  request  your 
lordship  to  accept  of  me  and  my  people,  and  receive  us  into  your  Church 
under  your  lordship’s  patronage,  and  we  shall  esteem  ourselves  happy 
sons  of  a better  stock;  and  1 hope  we  shall  always  behave  ourselves  as 
becomes  members  of  the  Church  of  England,  and  dutiful  children  of  so 
pious  and  indulgent  a father  as  your  lordship  is  to  all  under  your  care; 
in  all  obedience,  craving  your  lordship’s  blessing  to  me  and  my  country- 
men here,  I make  bold  to  subscribe, 

My  lord,  yours,  etc., 

C.  DE  GRAFFENREID. 


[ B.  P.  R.  O.  N.  0.  B.  T.  7.  p.  45.] 


Craven  House  May  y®  8th  1711. 
Present 

The  Lord  Carteret  for  himself  and  the  Lord  Palatin 
Maurice  Ashley  Esq” 

Sir  John  Colleton  Barr1 
John  Danson  Esq” 

Several  poor  Saxons  appeared  and  desired  land  att  one  penny  ^ Acre 
vearlv  in  North  ( Carolina  and  it  was  agreed  that  they  should  have  100  Acres 
head  and  that  a Warrant  be  prepared  to  Mr  Lawson  according. 


COLONIAL  RECORDS. 


101 


[B.  P.  R.  O.  Journal  Va.  Council.] 

13.  June  1711. 

Philip  Ludwell  Esq”  one  of  the  Commissioners  for  settling  the  Boun- 
darys  between  this  Colony  & Carolina,  reported  that  the  said  Comm” 
had  lately  mett  those  of  Carolina  and  had  made  tryall  of  their  Instru- 
ments for  taking  the  latitude  both  of  Waycon’s  Creek  and  Nottoway 
River,  that  the  Instrument  brought  by  the  Comm”  of  Carolina  was  an 
astrolabe  of  oj  inches  Radius  and  the  graduations  thereon  so  small  that 
it  was  not  possible  to  take  the  Latitude  exactly  by  it,  that  their  observa- 
tions differed  considerably  at  both  places,  That  they  had  agreed  to  meet 
at  Corrotuck,  to  try  the  Latitude  there,  In  order  to  which  Her  Majesty’s 
Comm”  went  accordingly  to  Corrotuck  and  waited  there  four  days  but 
those  of  Carolina  did  not  come,  That  since  their  return  home  they  have 
writ  to  the  said  Comm”  and  desired  them  to  appoint  another  time  and  place 
of  Conference  and  expected  an  answer  every  day  in  order  to  come  to  a con- 
clusion of  this  matter,  and  that  they  may  be  able  to  make  their  final  report 
thereon  to  be  layd  before  this  Board. 

Whereas  the  Governor  was  pleased  this  day  to  communicate  to  the 
Council  the  advice  he  has  received  by  Letters  from  Coll0  Ilvde  President 
of  North  Carolina  of  great  commotions  in  that  Province  raised  hv  one 
Coll0  Thomas  Cary  late  President  there  against  the  present  established 
Government  and  that  both  party's  have  taken  up  arms  to  support  their 
pretences,  this  board  taking  into  consideration  the  dangerous  consequence 
of  such  proceedings  both  in  respect  to  the  Calamity  it  mav  bring  upon 
Her  Majesty’s  subjects  of  that  Province  by  involving  them  in  a civil 
war,  and  more  especially  the  bad  influence  it  may  have  on  this  Colony 
by  encouraging  the  servants  and  negroes  and  other  persons  of  desperate 
fortunes  to  run  from  lienee  in  hopes  of  protection  from  the  partv  inarms 
there,  Do  therefore  think  it  necessary  for  Her  Majesty’s  service  that  the 
Governor  implov  his  good  offices  for  mediating  a reconciliation  of  the  dif- 
ferences in  the  said  Province  of  Carolina  or  at  least  a suspension  of  anv 
acts  of  violence  between  them  until  their  said  differences  can  be  deter- 
mined by  the  authority  of  the  Lords  Prop”  and  for  that  purpose  that  the 
Governor  will  be  pleased  to  make  a choice  of  some  discreet  person  to  be 
sent  to  the  said  Province  of  Carolina  to  offer  such  mediation  to  the  heads 
of  both  partys.  And  it  is  further  Ordered  bv  the  Governor  in  Council 
that  the  commanders  in  chief  of  the  several  Counties  bordering  on  Caro- 
lina take  all  possible  care  that  none  of  the  Inhabitants  of  this  Colonv 
engage  or  concern  themselves  in  the  interest  of  either  of  the  said  part  vs. 


COLONIAL  RECORDS. 


758 


[R.  P.  R.  O.  B.  T.  Virginia.  Voi. : 13.  O.  98.] 


COPY  LETTER  TO  COLL0  CARY  AND  Mr  HYDE 

June  20th  1711. 
Sir, 

I am  extremely  concerned  to  hear  tliat  the  differences  in  the  Govern- 
ment of  North  Carolina  are  grown  to  such  a highth  as  to  engage  the  in- 
hahitants  there  to  take  up  arms  against  one  another.  As  I am  a fellow 
subject  of  the  same  sovereign  I cannot  but  be  sensibly  touched  with  the 
prospect  of  those  misery's  into  which  a great  many  of  her  majesty’s  sub- 
jects in  your  Province  must  be  involved  bv  pursuing  such  unhappy 
Counsels,  and  therefore  for  preventing  the  fatal  consequences  which  will 
inevitably  attend  the  further  progress  of  these  Commotions,  I have  with 
the  advice  of  her  Majesty’s  Council  here,  thought  it  necessary  for  her 
Majestys  service  to  offer  you  my  Mediation  for  accommodating  the  pres- 
ent differences.  Since  I am  not  without  hopes  some  good  expedient  may 
be  found  out  to  establish  a good  Correspondence  and  pacification  among 
you,  untill  the  matter  in  dispute  lie  determined  by  your  Masters  the 
Lords  Proprietors,  which  I’m  persuaded  will  be  found  the  true  interest 
of  all  partys.  For  tin's  purpose  I have  sent  the  bearer  Mr  Clayton  to 
dispose  both  Col  lone]  Hyde  and  you  to  accept  this  offer  1 have  chosen 
him  because  of  his  great  moderation  and  eveness  of  'Temper,  which  ren- 
der him  very  fitt  for  manageing  an  affair  of  this  nature,  and  on  whose 
truth  I can  depend  for  a.  faithful!  and  impartial  relation  of  what  you 
shall  charge  him  with 

“From  any  correspondence  I may  have  had  lately  with  Mr  Hyde  you 
“have  no  reason  to  apprehend  any  partiality  in  my  mediation,  for  I am 
“sure  that  Gentleman  must  do  me  Justice  to  declare  that  I have  ever  ad- 
“ vised  him  to  moderation,  and  to  his  endeavouring  to  reconcile  and  unite 
“ both  partys ; And  it  is  upon  this  Basis  that  I now  propose  mv  media- 
“tion,  if  this  cannot  be  effected  at  this  distance  1 shall  not  think  it  too 
“much  trouble  to  come  to  any  place  on  the  confines  of  this  Government 
“ for  the  better  accomplishing  so  good  a work,  in  the  meantime  I must 
“desire  you  on  your  part  (as  I have  Coll:  Hyde)  to  dismiss  the  forces  you 
“ have  raised,  and  to  do  everything  that  may  testify  you  are  sincerely  dis- 
posed to  yield  to  whatever  is  just  and  reasonable. 

X.  B.  The  paragraph  marked  thus  (“)  was  only  in  Mr  Cary’s  Letter. 


f ’OLONT  A L R ECOR DS. 


Ton 


[B.  P.  K.  O.  B.  T.  Virginia.  Vol.  13.  O.  98.] 


THE  FOLLOWING  LETTER  WAS  NOT  TO  BE  DELIV- 
ERED TO  Mr  CARY  UNLESS  HE  REJECTED 
THE  MEDIATION  OFFERED  IN 
THE  PRECEEDING 
LETTER. 


Virginia  June  2]8t  1711 

Sir, 

I shall  be  sorry  if’  Mr  Clayton  shall  find  you  so  little  disposed  to  a 
reasonable  and  peaceable  accommodation  as  to  be  necessitated  to  produce 
this  letter  to  you,  whereby  I must  plainly  declare  to  you  that  I do  not 
design  to  stand  idle  and  see  so  near  me  her  Majesty’s  subjects  misled  into 
unhappy  distractions,  her  peace  and  authority  tumultuously  trampled  on, 
and  the  Tranquility  of  this  Government  endangered  by  your  wild  com- 
motions. What  are  you  out  of  your  witts  to  dispute  whether  Mr  Hyde 
be  sent  over  to  be  your  Governor?  Surely  you  will  not  persist  to  give 
occasion  to  the  spilling  of  more  blood  in  so  nnjustifyable  a contention ! 
if  your  confidence  in  a superior  force  at  this  time  encourages  you  to  keep 
up  those  tumults,  vet  think  that  the  evil  day  of  account  for  such  bad  ac- 
tions cannot  be  far  off,  and  consider  what  severe  penaltys  are  due  to  the 
author  of  a commotion  which  may  fairly  come  under  the  denomination 
of  a Rebellion.  I’m  informed  your  design  is  to  seize  Mr  Hyde  with  all 
his  Council,  but  be  assured  that  1 am  so  well  satisfi  ed  with  the  legal 
Authority  he  is  vested  with  and  have  such  an  aweful  Reverence  for  that 
family  which  he  has  the  honour  to  be  related  to,  that  so  long  as  1 have 
any  power  at  hand  I shall  not  suffer  him  to  ly  imprisoned  by  a Plebeian 
Route;  once  more  1 offer  you  my  mediation  for  peace.  Think  what 
miserys  von  involve  your  Country  in,  and  what  coals  of  fire  you  heap 
upon  your  head  by  refusing  it.  So  bid  you  heartily  farewell 
Sir 

vour  friendly  fellow  subject  and  most  humble  servant. 


COLONIAL  RECORDS. 


7M> 


[B.  P.  K.  ().  B.  T.  Virginia.  Vol.  13.  ().  99.] 


LETTER  FROM  THE  PRESIDENT  AND  COUNCIL  OF 
NORTH  CAROLINA  'l'( ) COLONEL  SPOTSWOOD. 

29th  June  1711. 

Most  Honom*  Sir, 

As  nothing  can  stamp  so  deep  an  Impression  of  Gratitude  upon  the 
minds  and  hearts  of  us  the  President  and  Council  and  all  loyal  and  honest 
subjects  of  North  Carolina  than  your  Hon”  generous  mediation  to  recon- 
cile the  most  distracted  Country  in  the  Queen’s  Dominions  So  no  occa- 
sion can  ever  pass  without  our  acknowledgement  for  so  noble  offers  of 
your  Friendship  and  as  we  beg  leave  in  the  most  publick  and  most 
respective  manner  to  acknowledge  it  so  we  must  entreat  leave  to  repeat 
it  for  your  favour  in  sending  Mr  Clayton  a person  so  fitted  with  all  the 
qualifications  possible  for  his  great  wisdom,  temper  and  zeal  to  negotiate 
so  weighty  an  affair,  and  to  effect  it  with  success  if  he  had  not  by  expe- 
rience found  that  there  is  neither  honour  nor  fa  i tli  to  be  depended  on  from 
either  Colonel  Cary  or  his  rebellious  crew. 

Wee  the  President  and  Council  have  with  great  heartiness  and  a just 
sense  of  your  goodness  embrac’d  your  Hon”  mediation  and  desired  Mr 
Clayton  to  go  with  your  Hon”  Letter  directed  to  Col : ( ’ary  on  that  Sub- 
ject, which  he  did  deliver  on  the  26th  instant,  being  the  day  after  he 
arrived  here.  Col : Carv  was  then  under  sail  in  a Brigantine  attended 
with  a Barque  Togue  in  this  Sound  about  four  leagues  distant  from  this 
place,  what  discourse  Mr  Clayton  had  with  him  on  the  subject  of  your 
Hon"  letter  he  will  particularly  inform  you,  the  result  of  which  was  that 
a meeting  sh’d  be  had  the  next  day  between  us  and  Col : Cary  with  his 
pretended  Council  at  the  place  appointed  by  him,  and  all  acts  of  hostility 
should  cease  in  the  mean  time  and  his  forces  to  remain  where  he  then  was, 
but  upon  consideration  that  place  was  found  inconvenient,  and  Mr  Clay- 
ton according  to  agreement  with  him  sent  off  a Boat  with  a Letter  to 
acquaint  him  that  we  could  not  moot  at  the  place  named  by  Col0  Cary, 
and  named  two  other  places,  at  either  of  which  he  desired  him  to  appoint 
a meeting  the  then  next  day,  tis  true  the  Letter  could  not  reach  him  in 
time  bv  reason  of  bad  weather,  but  two  hours  before  the  time  appointed 
for  meeting  the  first  day  Col0  (’ary  advanced  towards  us  with  his  Ves- 
sel Is  with  a Flagg  on  his  Main  top,  and  came  within  five  miles  of  this 
place,  and  took  his  station  betwixt  the  place  where  he  appointed  the  meet- 


COLONIAL  RECORDS. 


7(51 


ingand  our  Guards.  So  that  had  we  gone  according  to  his  appointment 
our  passage  back  had  been  cut  off. 

Notwithstanding  all  which  unfair  Dealings  Mr  Clayton  went  a second 
time  and  delivered  your  Hon"  second  Letter,  but  Col0  Cary  wholy  re- 
jected your  Hon"  mediation,  so  that  Mr  Clayton  returned  without  success 
as  he  himself  will  more  particularly  inform  you.  Col0  Cary  is  now 
under  sail  and  approaching  towards  us  so  that  we  hourly  expect  to  be 
insulted  by  him,  what  the  event  may  be  God  only  knows  and  consider- 
ing no  faith  can  be  given  to  his  words  and  promises  and  that  he  declines 
all  Offers  of  peace,  and  even  the  gratious  Offer  of  your  Honor’s  media- 
tion. We  earnestly  request  you  will  be  pleased  to  assist  us  with  what 
armed  force  can  be  spared  from  your  Government,  to  be  maintained  and  paid 
by  this  Colony  and  that  with  all  dispatch  that  can  be  made  they  be  sent 
to  South  Key  where  we  will  have  a Sloop  or  Sloopes  and  Canoes  to 
wait  for  them  there.  If  you  could  spare  us  some  Marines  it  would  strike 
a greater  Terrer  in  the  people,  but  that  is  submitted  to  your  Hon"  great 
wisdom.  And  we  shall  for  what  we  have  already  expressed  in  favour  to 
us,  make  the  best  use  of  it,  to  speak  your  Hon"  merit  and  must  also  find 
a way  to  lett  the  greatest  of  Queens  know,  what  a representative  she  has 
in  those  parts  of  the  world,  that  so  remarkably  maintains  her  Grandeus 
and  Authority  and  assists  her  poor  subjects  that  are  under  such  a lawless 
usurpation  and  oppression  for  it  is  very  evident  that  neither  mercy  can 
engage  nor  justice  awe  or  controulc  these  Rebells.  We  are  in  all  Duty 
and  Obedience 


Your  Hon" 

Most  faithfull,  most  obedient 
and  most  devoted  servants 


v 


EDWARD  HYDE 
GRAF  FEN  ID  ED 
THO.  POLLOCK 
W.  GLOVER 


THO.  BOYD 


Copy  Exdp. 

Wii,.  Roberson. 


(Endorsed) 


Reod  25th 
Read  1 (5th 


92 


7H2 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  Journal  Va.  Council.] 


5 July  1711. 

Upon  residing  at  this  Board  si  narrative  of  tlu*  proceedings  of  John 
Clayton  Esq”  sent  by  the  Governor  to  North  Carolina  in  pursuance  of 
the  resolutions  of  the  Council  the  13th  of  June  for  mediating  a reeonc  ili- 
sition  between  the  partys  in  Arms  in  that  Government  whereby  it  appears 
that  the  said  mediation  was  readily  accepted  bv  Mr  Uvde  President  of 
that  Province  and  his  Council,  but  that  tho’  Coll0  Cary  made  a shew  of 
accepting  thereof  and  appointing  a place  of  Treaty,  he  soon  discovered 
his  true  design  was  under  that  pretence  to  get  Mr  Hyde  and  his  Council 
in  his  power  when  they  were  separated  from  their  Guards,  & would 
never  after  agree  to  any  place  of  conferences  where  Mr  Hyde  could  rely 
on  the  safety  of  his  person,  That  the  said  Coll®  Cary  having  rejected  all 
proposalls  of  accommodation  even  after  it  had  been  signified  to  him  that 
Mr  Hyde  and  his  Council  were  willing  to  agree  to  all  the  demands  he 
thought  fitt  to  communicate  with  some  necessaryexplanations  and  by  his 
discourse,  intimating  his  intentions  to  treat  Mr  Hyde  in  the  same  manner 
Coll0  Park  was  in  Antegoa,  has  given  sufficient  demonstration  of  his  aver- 
sion to  any  peaceable  acomodation  And  whereas  the  said  Coll0  Cary  is  now 
on  board  a Brigantine  mounted  with  six  Guns  and  attended  with  other 
vessells  filled  with  armed  men,  threatening  to  begin  his  hostility's  against 
the  Established  Government  of  the  said  Province  of  North  Carolina 
This  Board  are  therefore  unanimously  of  opinion,  that  there  remains  now 
no  other  means  but  that  of  force  to  put  a stop  to  this  Insurrection  and 
to  prevent  the  fatal  consequences  thereof  both  to  the  said  Province  of 
Carolina  and  to  this  Her  Majesty’s  Colony.  And  whereas  by  her 
Royal  Instructions  the  Governor  is  impowered  and  directed  upon 
the  application  of  the  Governors  of  any  of  Her  Majesty’s  planta- 
tions and  their  being  in  distress  to  send  them  such  Assistance  as 
the  condition  of  this  Colony  can  spare,  it  is  the  further  unanimous 
opinion  of  this  Board  that  it  is  necessary  for  Her  Majesty’s  service 
and  agreeable  to  Her  Majesty’s  said  Instructions  that  a competent 
force  be  sent  from  this  Colony  to  the  assistance  of  Mr  Hyde  it  appearing 
by  the  copy  of  a petition  under  the  hands  of  all  the  deputys  of  the  Lords 
Prop”  that  he  was  chosen  President  by  their  joynt  suffrage,  and  conse- 
quently ought  to  be  looked  on  as  in  the  legal  Administration  of  that 
Governmen4  And  this  Board  are  likewise  of  opinion  that  the  project  this 
day  communicated  by  the  Governor  for  assisting  the  said  President  and 


COLONIAL  RECORDS. 


763 


Council  of  Carolina  viz.  by  marching  a detachment  of  the  Militia  of  this 
Colony  over  land,  and  by  obtaining  a reinforcement  of  Marines  from 
Her  Majesty’s  ships  of  war  now  here  to  be  sent  in  their  boats  to  Chowan 
sound  is  the  most  probable  way  of  putting  an  end  to  those  Commotions, 
and  restoring  peace  to  her  Maj:  subjects  of  that  Province,  and  is  there- 
fore fitt  to  be  pursued,  and  if  by  these  means  it  shall  happen  that  Coll0 
Cary  or  any  other  of  the  principal  Ringleaders  shall  be  taken  It  is  the 
unanimous  Opinion  of  the  Council  that  they  be  brought  into  this  Col- 
ony and  secured  until  Her  Majesty’s  pleasure  be  known. 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


MR.  URMSTON’S  LETTER. 

North  Carolina  July  7th  1711 

Hond  Sir 

Since  my  arrival  here  I have  written  divers  letters  to  you  and  others 
which  1 hope  were  laid  before  the  Hon’ble  Society  so  fraught  with  unpleas- 
ant relations  of  my  own  and  the  Country*  circumstances  that  I am  almost 
persuaded  you  scarce  expected  to  have  heard  any  more  from  me  1 am 
almost  bereft  of  life  and  the  little  sense  1 had  and  after  a years  fatigue 
and  almost  a continual  bad  health  am  at  last  together  with  my  family  in 
manifest  danger  of  perishing  for  want  of  food  we  have  lived  many  a day 
only  on  a dry  crust  and  a draught  of  salt  water  out  of  the  sound  such 
regard  have  the  people  for  my  labours  so  unworthy  of  the  favor  the  So- 
ciety have  shewn  them  in  providing  Missionary*  and  sending  books  so 
great  is  their  esteem  for  the  Ministry  and  our  endeavours  which  I can 
assure  you  you  have  on  my  part  been  very  hearty  for  the  most  part  but 
they  think  I am  beholden  to  them  for  coming  to  hear  me  they  will  be  at 
no  charge  or  trouble  and  vet  expect  I shorn!  give  my  attendance  notwith- 
standing in  many  places  there  are  great  Rivers  from  one  two  to  six  twelve 
and  fifteen  miles  over  no  ferry  boats  neither  will  they  be  at  the  trouble 
of  setting  me  over  I am  destitute  of  all  help  both  as  to  housekeeping  and 
the  discharge  of  my  duty  to  the  Society  as  I would  be  that  will  answer 
( lie  end  of  his  Mission  must  not  only  have  a good  horse  but  a large  boat 
and  a couple  of  experienced  Watermen  not  knowing  when  the  confusion 
of  this  unhappy  Country  would  be  over  or  any  settlement  made  for  the 
church  ami  Ministry  after  seven  months  uneasiness  in  a sorry  house  I at 


COLONIAL  RECORDS. 


704 


lust  bought  a plantation  situated  on  the  North  side  of  the  Sound  in 
Chowan  precinct  between  Mr  Pollocks  tfc  that  which  was  Mr  Walkers 
nowe  Moseleys  1 found  a newe  house  and  a kitchen  upon  it  half  finished 
t’will  cost  me  a great  deal  to  make  it  fit  to  live  in  Workmen  are  dear 
and  senee  I have  about  a dozen  Acres  of  clear  ground  and  the  rest  woods 
in  all  .*100  acres  had  I servants  and  money  1 might  live  very  comfortably 
upon  it  raise  good  corn  of  all  sorts  and  cattle  without  any  great  labour 
or  charges  could  once  be  stockt  but  for  want  thereof  shall  not  make  any 
advantage  of  my  land  I have  bought  a horse  some  time  ago 
since  that  three  cows  and  calves  five  sheep  and  some  Fowls  of 
all  sorts  but  most  of  them  unpaid  for  together  with  fourteen  Bushel  Is 
of  Wheat  for  all  which  1 must  give  English  goods  at  this  rate 
I might  have  had  anything  that  either  this  Government  or  anv  of  the 
neighboring  Colonies  afford  but  had  I stock  I need  not  fear  wanting 
either  Butter  cheese  Beef  or  Mutton  of  mv  own  raising  as  good  grain  of 
all  sorts  Missioners  as  the  world  goes  must  be  planters  too  if  the  have 
families  or  starve  the  Salary  alone  will  not  do  I am  forced  to  work  hard 
with  Axe  Hoe  & spade  I have  not  a stick  to  burn  for  any  use  but  what 
T cut  down  with  my  own  hands  I am  forced  to  dig  a garden  raise  beans 
peas  &c  with  the  assistance  of  a sorry  Wench  my  wife  brought  with  her 
from  England  my  neighbours  seem  to  like  well  of  my  industry  but  are 
far  from  affording  me  their  assistance  in  any  thing  they  love  to  see  new 
comers  put  to  their  shifts  as  they  themselves  have  been  and  cannot  endure 
to  see  any  body  live  as  well  as  themselves  without  having  undergone  the 
slavish  part  and  learnt  to  live  independent  of  others  Men  are  generally 
of  all  trades  and  women  the  like  within  their  spheres  except  some  who 
are  the  posterity  of  ( )ld  planters  or  have  been  very  fortunate  and  have 
great  numbers  of  slaves  who  understand  most  handycrafts  men  are  gen- 
erally carpenters  Joiners  Wheelwrights  Coopers  Butchers  Tanners  Shoe- 
makers Tallow  Chandlers  Waterman  & what  not  Women  Soap  makers 
Starch  makers  Dyes  &c  lie  or  she  that  cant  do  all  these  things  or  hath 
not  slaves  that  can  over  and  above  all  the  common  occupations  of  both 
sexes  will  have  but  a bad  time  on’t  for  help  is  not  to  be  had  at  any  rate 
every  one  having  business  enoo’  of  his  own  this  makes  tradesmen  turn 
planters  and  these  become  tradesmen  no  Society  none  with 

another  but  all  seem  to  live  by  their  own  hands  of  their  own  produce 
and  what  they  can  spare  goes  for  foreign  goods.  Nay  many  live  on  a 
slender  diet  to  buy  rum  sugar  and  molasses  with  other  such  like  necessa- 
ries which  are  sold  at  such  a rate  that  the  planter  here  is  but  a slave  to 
raise  a provision  for  other  Colonies  and  dare  not  allow  himself  to  par- 


COLONIAL  RECORDS. 


7(55 


take  of’  his  own  creatures  except  it  be  the  corn  of  the  Country  in  hom- 
iny Bread  much  or  otherwise  of  cooking  which  after  all  is  fitter  for 
Hoggs  than  Christians  & a little  stinking  Swamp  Water  a Bogg  or  els’ 
Brackish  and  sometimes  downright  Salt  Water  and  vet  such  a wretch  as 
this  shall  lay  out  40  50  it  may  £60  per  annum  in  Rum  & Sugar  and  yet 
no  wonder  I should  fare  so  ill  when  1 tell -you  that  my  necessity  & long 
stay  in  England  after  chosen  Missioner  together  with  the  charges  of 
transporting  myself  & family  hither  exhausted  the  money  advanced 
I brought  nothing  with  me  but  apparel  and  a few  goods  not  half 
eno’  for  my  occasions  here  1 have  little  or  nothing  and  times  so  confused 
that  I can  not  say  when  any  provision  may  be  made  for  me  or  any  other 
Minister  I have  hitherto  supplied  53  precincts  viz*  Chowan  perquimans  pas- 
quotank,  which  are  very  remote  from  one  another  the  more  Southerly 
place  1 preached  at  is  above  70  miles  distant  from  the  most  northerly 
this  has  been  my  circuit  for  the  year  last  past  without  any  omission  on 
my  side  if  I ever  failed  of  officiating  on  the  day  appointed  it  was  for  the 
want  of  a passage  so  long  as  i was  on  Terra  firma  neither  the  badness  of 
the  Roads  Broken  Bridges  over  dangerous  places  wet  or  cold  weather  in 
Winter  nor  the  excessive  heat  even  to  shifting  in  the  woods  for  want  of 
air  ever  called  me  to  disappoint  a congregation  albeit  they  have  often 
failed  to  meet  me  every  body  would  have  a Church  by  his  own  door 
every  Sunday  or  not  at  all  The  whole  Precinct  can  never  meet  at  one 
place  but  must  have  5 or  6 meetings  in  each  except  they  had  more  zeal 
for  Churches  might  be  so  fixed  as  that  all  might  meet  in  a few  hours  either 
by  land  or  water  except  bad  weather  or  contrary  winds  prevent  they  will 
not  willingly  come  to  weekly  lectures  in  regard  to  pasquetank  is  very 
numerous  many  Quakers  and  too  many  loose  disorderly  professors  of  the 
Christian  Religion  a very  factious  mutinous  and  rebellious  people  most 
of  them  allied  to  the  Quakers  and  at  all  times  at  their  Beck  ready  to 
oppose  either  Church  or  state  if  required  by  them  whence  arise  all  these 
troubles  for  the  3 years  past  this  consideration  made  me  to  engage  myself  to 
preach  two  Sundays  in  4 and  twice  in  tin1  week  day  at  4 different  places 
for  which  some  of  the  more  sober  part  proposed  a voluntary  subscription 
but  not  meeting  with  the  midi  ness  manv  seemed  to  express  could  not 
prevail  with  a third  of  the  people  to  contribute  the  whole  amounted  to 
C’23.  5*  2d  whereof  1 received  £13.  11s  6d  the  rest  will  never  be  paid 
some  have  been  so  plain  with  me  as  to  say  thev  expected  I should  have 
have  been  altogether  in  their  precinct  whereas  our  agreement  was  drawn 
and  signed  others  sav  they  dont  think  thev  ought  to  be  at  any  charge 
since  our  societv  have  sent,  me  at  their  own  cost  and  allow  me  what  thev 


COLONIAL  RECORDS. 


700 


think  is  fitting  tlii.s  is  the  story  of  most  in  the  Government  and  are  very 
confident  they  shall  have  Missioners  sent  to  every  parish  but  in  very  deed 
are  not  worthy  one;  Perquimans  began  a Subscription  there  is  about  £9 
I think  given  for  one  Sunday  in  4 and  once  a month  in  the  Week 
day  I have  received  £2.  11.  4 no  more  to  be  expected  there  without  I 
would  give  one  half  for  gathering  the  other  nor  that  for  so  small  a sum 
in  Chowan  1 preach’d  constant  only  once  a month  at  the  Chapel  the  like 
on  the  South  side  and  west  shore  of  the  sound  till  they  could  not  agree 
who  should  set  me  over  the  river  and  where  we  should  meet  on  the  South 
Shore  they  gave  me  two  Barrels  of  skins  and  the  worst  pieces  of 
Least  Beef — on  the  West  Shore  was  subscribed  £19.  5.  0 Rec’d 
£4.  13.  4 through  their  fault  not  mine  our  meeting  has  been  dis- 
continued for  4 months  so  that  nothing  is  to  be  had  more  there 
at  the  Chapel  the  Congregation  is  pretty  numerous  they  have  often 
talked  of  raising  something  but  as  yet  nothing  done  neither  dare 
1 seem  pressin  for  fear  of  reproach  I went  by  land  27  miles  along  the 
Sound  side  towards  Virginia  where  there  were  as  they  told  me  40  or  50 
Children  un  baptized  I baptized  lithe  Season  being  wet  I appointed  to 
be  there  again  that  day  month  but  no  body  came  1 heard  of  a great  many 
met  to  be  merry  at  a reaping  of  wheat  in  my  way  I upbraided  them  with 
the  neglect  of  a concern  of  so  great  a moment  they  promised  to  appoint  a 
day  but  1 have  not  yet  heard  from  them  albeit  some  weeks  are  past  they 
said  as  their  phrase  was  they  would  employ  me  and  employ  me  and  con- 
tribute for  the  future  but  the  time  past  was  not  thought  of  there  arc 
about  40  or  fifty  families  at  Allegator  and  Scogalong  about  20  miles 
down  the  sound  towards  the  South  East  from  where  1 lived  many  mar- 
ry’d  and  have  children  who  never  were  baptized  nor  ever  saw  a minister 
on  their  shore  I have  offered  to  go  thither  provided  they  would  procure 
me  a passage  a day  hys  been  twice  prefix’d  But  they  never  came  for  hu- 
so indifferent  are  they  and  cold  in  their  souls  health  and  tis  to  be  feared 
live  like  Beasts  I have  heard  of  monstrous  doings  among  them  Parnpti- 
cough  I have  not  vet  visited  bv  reason  the  roads  till  now  were  impassi- 
ble 1 intended  to  have  gone  there  this  month  but  W ar  being  revived 
among  us  we  are  all  in  confusion  there  is  no  stirring  abroad  Col1  Hide 
has  done  all  that  in  him  lay  to  bring  the  Country  into  good  order  and 
promote  religion  but  is  therefore  hated  and  threatened  with  fire  and  sword 
and  all  of  his  party  which  you’l  easily  believe  me  to  be  of  and  therefore 
not  only  fare  ill  but  am  in  some  danger  My  horse  happened  to  break 
pasture  and  run  into  an  enemys  ground  and  when  taken  up  some  ruffians 
said  had  their  partv  known  whom  he  belonged  to  they  had  certainly  shot 


COLONIAL  RECORDS. 


7(57 


h i m to  such  a height  are  our  divisions  brought  and  when  they  will  cease 
I know  not  except  her  Magestv  takes  the  Government  into  her  own 
hands  I have  preach’d  4 times  in  Corritack  and  administered  the  Sacra- 
ments I had  Kb  Communicants  & at  the  several  times  baptized  10  Infants 
I have  administered  the  Lord’s  Supper  ft  times  in  Pasquetank  and  once 
in  Perquimans  the  first  time  J had  1 7 ( ’ommunieants  the  second  5 the  third 
7 and  the  fourth  f)  I have  baptized  in  these  three  precincts  154  children 
Preached  77  times  the  people  being  acquainted  with  the  psalmody  instead 
thereof  1 commonly  Catechise  but  never  fail  of  so  doing  when  there  is  a 
psalm  sung  people  are  mighty  averse  to  God  Fathers  and  God  Mothers 
and  therefore  in  anywise  will  not  have  their  children  baptized  others 
think  no  body  more  fit  than  their  parents;  to  tell  them  of  the  orders  of 
the  Church  avails  not  they’l  not  hearken  to  the  ordinances  of  man  but 
will  have  express  scripture  for  all  they  are  to  do  or  observe;  there  is  not 
a seism  or  corruption  broached  in  England  but  here  it  hath  its  defenders 
but  the  most  numerous  are  those  that  dissent  from  everything  that  is 
called  religion  Libertines  Men  & Women  of  loose  dissolute  and  scandal- 
ous lives  and  practices,  it  is  usually  said  our  Colonies  are  chiefly  peopled 
by  such  as  have  been  educated  at  some  of  the  famous  Colleges  of  Bride- 
well Newgate  or  the  Mint  what  must  our  inhabitants  be  not  suffered  to 
live  in  other  places  for  their  wicked  courses  many  of  whom  after  their 
transportation  from  England  have  been  banished  out  of  all  or  most  of 
the  other  colonies  or  for  fear  of  punishment  have  fled  hither,  this  is  a 
nest  of  the  most  notorious  profligates  upon  earth  Women  forsake  their 
husbands  come  in  here  and  live  with  other  men  they  are  sometimes  fol- 
lowed then  a price  is  given  to  the  husband  and  madam  stays  with  her 
Gallant  a report  is  spread  abroad  that  the  husband  is  dead  then  they  be- 
come Man  and  Wife  make  a figure  and  pass  for  people  of  worth  and  rep- 
utation arrive  to  be  of  the  first  Rank  and  Dignity  what  to  do  with  such 
1 know  not  nor  how  a reformation  can  be  hoped  for  1 have  not  been 
wanting  in  my  endeavours  1 have  spoiled  a good  horse  enslaved  myself 
hazard  my  life  to  little  purpose  save  the  discharge  of  my  conscience  and 
the  hopes  1 have  of  gaining  the  approbation  of  the  Society  the  people 
you  see  are  generally  bad  yet  caress’d  by  the  Quakers  my  irreconcilable 
enemies  these  excite  aid  and  assist  nay  and  join  with  them  in  destroying 
the  Government  and  opposing  the  Establishment  of  the  Church  their 
aim  and  design  is  to  overthrow  the  Church  and  deface  the  few 
footsteps  there  are  of  the  Christian  Religion  among  us  and  estab- 
lish their  nonsensical  tenets  in  the  room  thereof  There  were  sev- 
eral Quakers  that  bore  arms  in  a late  attempt  upon  Col.  Hide  which  was 


COLONIAL  RECORDS. 


7(18 


carried  on  with  great  cunning  malice  and  rage  Imt  the  aggressor.-  were 
happily  repulsed  and  what  further  wickedness  they  are  contriving  time 
will  show  they  rove  about  the  country  in  great  bodies  ravage  and  plun- 
der all  such  as  are  not  on  their  side  it  would  be  too  tedious  to  give  you 
a succinct  account  of  every  thing  that  has  past  since  the  first  beginning 
of  the  confusions  of  this  unhappy  Government  all  owing  to  the  Quakers 
who  7 or  8 years  ago  procured  one  Daniel  a monster  Wickedness  to  be 
Deputy  Governor  for  ever  since  this  Government  depended  on  Ashley 
River  Government  that  office  was  on  sale  the  Quakers  thought  they 
could  manage  him  they  grew  saucy  & he  restive  they  soon  procured  an- 
other worse  than  he  to  succeed  him  one  Cary  Madam  Knightly  a Lady 
of  known  worth  can  give  you  an  account  of  him  she  lives  at  Kensington 
neither  did  this  answer  their  expectations  they  made  a purse  and  sent  one 
Porter  a known  V i 1 linn  the  son  of  a Quaker  and  he  one  in  disguise  to  the 
proprietors  accused  the  said  Cary  of  Many  things  indeed  gross  eno’  and 
with  a great  deal  of  truth  sufficient  to  cause  him  to  be  turned  out  accord- 
ingly he  was  discharged  from  his  Office  and  there  being  no  Govr  at  Ash- 
ley River  then  Sr  Nathaniel  Johnson  being  put  out  by  the  Whigs  this 
porter  brought  an  order  to  the  Council  to  chose  as  was  customary  in  such 
cases  one  of  their  Brethren  to  be  president  till  a Govr  was  appointed  Mr. 
Glover  a sober  discreet  and  the  only  man  of  parts  in  the  country  was 
chosen  The  Quakers  dislike  him  and  by  the  force  of  arms  thrust  in 
Carv  whom  the  proprietors  had  deposed  into  the  presidentship  here  were 
two  presidents  one  appointed  by  the  Lords  proprietors  and  the  other  set 
up  by  the  roguish  Quakers  neither  was  obeyed  the  honest  party  would 
not  obey  Cary  and  the  other  Mr.  Glover  so  that  for  two  years  and  up- 
wards here  was  no  law  no  justice  Assembly  or  Courts  of  Judicature  so 
that  people  did  and  said  what  they  list  Olivers  days  come  again  Col1 
Hide  arrived  but  through  Col1  feints  death  had  no  Commission  he  was 
chosen  president  by  all  sides  after  Long  debates  he  persists  in  Mi-.  Glo- 
vers opinion  of  not  suffering  the  Quakers  who  had  deputations  either 
forged  or  granted  by  those  who  were  not  proprietors  to  be  of  the  Coun- 
cil or  have  any  thing  to  do  in  the  administration,  an  Assembly  was  called 
with  much  difficulty  We  had  the  majority  as  to  what  has  been  transacted 
in  temporals  I must  refer  von  to  the  President  and  Council  their  jour- 
nal if  you  can  get  a sight  of  it  which  is  laid  before  the  proprietors  or  a 
Copy  which  I believe  my  Lord  Rochester  will  have  to  show  the  Queen 
and  council  and  beg  your  pardon  and  patience  while  I add  what  relates 
to  the  interest  of  the  Church. 


COLONIAL  RECORDS. 


7r,n 


Tlie  Assembly  was  made  up  of  a strange  mixture  of  men  of  various 
opinions  and  inclinations  a few  Churchmen  many  Presbyterians  Indepen- 
dents but  most  anythingarians  some  out  of  principle  others  out  of  hopes 
of  power  and  authority  in  the  Government  to  the  end  that  they  might 
Lord  it  over  their  Neighbours  all  conspired  to  act  answerable  to  the  de- 
sire of  the  president  and  Council  I was  at  this  solemn  meeting  a great 
part  of  the  time  they  sat.  I preach’d  twice  before  them  procured  a pro- 
clamation for  a general  fast  which  was  kept  on  Good  friday  which  other- 
wise would  not  have  been  observed  any  more  than  any  other  day.  I 
administered  the  Holy  Sacrament  of  the  Lords  Supper  then  and  did  all 
1 could  both  in  public  and  private  discourse  to  excite  them  to  use  there  en- 
deavours to  establish  the  Church  accordingly  they  made  a very  good  and 
proper  Act  to  that  End  which  was  to  this  effect  that  the  worship  of  God 
and  our  most  holy  religion  as  by  law  Established  in  England  should  be 
put  in  practice  and  observed  here  in  all  particulars  as  far  forth  as  is  com- 
patible with  the  circumstances  of  the  people  a select  Vestry  of  12  Men 
in  every  precinct  or  parish  was  thereby  appointed  all  the  Burgesses 
were  made  members  thereof  These  bound  in  a penalty  to  meet  in  their 
several  parishes  on  a certain  day  within  (i  weeks  after  the  publication  of 
the  Act  to  chose  Church  wardens  give  them  power  to  buy  a Glebe  build 
a Church  or  Churches  as  there  was  occasion  houses  for  Ministers  provide 
a sufficient  maintenance  for  them  and  to  use  their  utmost  endeavours  to 
provide  that  every  parish  might  be  supplied  with  a Clergyman  approved 
of  allowed  by  the  Lord  Bishop  of  London  I thought  it  might  not  be 
improper  to  be  present  at  their  Vestries  at  the  first  that  met  were  very 
much  disordered  with  drink  they  quarrelled  and  could  scarce  be  kept 
from  fighting  broke  up  without  doing  any  thing  having  first  agreed  when 
to  meet  again  when  the  day  came  there  only  met  five  we  pitched  upon 
another  day  then  came  but  two  in  another  precinct  The  Vestry  met  at 
an  Ordinary  where  rum  was  the  chief  of  their  business  they  were  most 
of  ’em  hot  headed  very  averse  to  go  upon  business  with  much  ado  1 
prevailed  with  them  to  chose  two  Churchwardens  resolve  upon  building 
a Church  which  is  very  much  wanted  and  tis  a shame  to  be  without  one 
since  the  Quakers  have  three  meeting  houses  in  that  and  as  many  in  the 
next  precinct  whereas  we  have  neither  Church  nor  Chapel  in  3 of  the 
precincts  and  those  two  we  have  in  Chowan  and  Pequimans  were  never 
furnished  ready  to  drop  down  that  in  the  former  precinct  hath  neither 
Hour  nor  seats  only  a few  loose  benches  upon  the  sand  the  Key  being  lost 
the  door  stood  open  ever  since  I came  into  the  Country.  All  the  Hoggs 
and  Cattle  flee  thither  for  shade  in  the  summer  and  warmth  in  Winter 
93 


770 


COLONIAL  RECORDS. 


the  first  dig  holes  and  bury  themselves  these  with  the  rest  make  it  a 
loathsome  place  with  their  dung  and  nastiness  which  is  the  peoples  regard 
to  Churches  hence  you  may  expect  a hopeful  result  from  the  Vestry  I 
was  speaking  of  while  the  Rum  Bottle  went  about  I entertained  the 
Churchwardens  with  the  Articles  of  Visitations  which  Churchwardens 
of  England  are  bound  to  answer  to  T could  not  bring  them  to  any 
thought  of  raising  money  either  for  building  the  Churches  buying  a 
Glebe  or  providing  for  Minister  that  is  the  Great  Buggbere  here  they  are 
not  to  be  at  any  charge  nor  much  trouble  If  I would  live  altogether  in 
that  precinct  they  proposed  first  £60  per  Annum  but  some  more  gener- 
ous than  the  rest  were  for  allowing  £70  per  annum  which  is  in  the 
goods  they  usually  pay  Ministers  with  the  refuse  the  worst  pay  in  the 
country  is  good  enough  for  us  This  £70  would  purchase  here 
about  £15  worth  of  English  Goods  as  wearing  apparel  and  the  like 
I told  them  I thought  a Missioner  was  not  to  sit  down  in  one  parish  and 
suffer  the  next  or  as  many  as  he  could  supply  with  convenience  to  live 
in  ignorance  mere  heathens  for  my  part  I would  not  this  they  imputed  to 
avarice  which  provoked  me  to  upbraid  them  with  their  generosity  the 
last  year  Well  if  I would  continue  to  come  among  them  as  I had  hither 
to  done  two  Sundays  in  four  and  give  them  two  Sermons  in  the  Week 
day  in  order  to  which  I must  ride  100  miles  and  forced  to  quarter  in 
some  sorry  house  or  other  not  fit  to  lodge  a Man  in  for  11  or  12  days 
they  would  be  kind  for  the  future  but  having  been  ill  used  by  them 
already  I pressed  them  to  give  me  some  assurance  not  being  willing  to  trust 
to  their  generosity  they  very  liberally  offered  me  £25  for  the  year  or  pro- 
portionable till  such  time  as  they  had  a Minister  which  I refused  and  am 
resolved  if  I must  starve  I’ll  not  thereunto  add  Slavery  more  than  indeed 
I am  able  to  perform  except  the  Roads  were  better  I had  another  horse 
and  hoped  for  a better  accomodation  both  for  man  and  horse  than  we 
usually  met  with  they  treat  us  with  a great  deal  of  formality  and  think 
there  is  no  difference  between  a Gentleman  and  a labourer  all  fellows  at 
Foot  Ball,  they  have  since  hired  a reader  for  £15  per  annum  who  to  them 
is  more  welcome  than  a Minister  he  is  little  charge  and  pleases  as  well 
nay  many  know  no  difference  for  these  Readers  bring  us  into  contempt 
and  breed  fanaticism  I lent  him  a book  of  homilies  and  enjoined  him  to 
use  no  other  Sermons  but  I hear  he  goes  on  the  old  way  which  is  to 
transcribe  a sermon  and  then  read  it  to  the  people  which  is  as  much  as  to 
sav  they  as  we  of  the  Ministry  do  tho’  I believe  some  of  ’em  have  rea- 
son to  think  otherwise  of  me 


COLONIAL  RECORDS. 


771 


If  we  are  like  to  have  a Church  Government  I humbly  pray  that  the 
Society  would  send  some  directions  to  the  Govr  or  me  about  these  Read- 
ers for  if  suffered  they’l  of  ill  consequence  I have  seen  it  in  one  ff'renoh 
a rascal  who  was  at  first  one  of  these  and  now  pretends  to  the  Ministry 
uses  me  ill  prays  extempore  and  does  much  mischief  he  tells  people  he 
was  ordained  by  the  Nice  Chancellor  of  Oxford  shews  them  something 
posted  on  the  inside  of  a Book  in  Latin  which  he  saith  ;u-e  his  letters  of 
Orders  T think  readers  should  not  be  allowed  to  read  the  absolution  nor 
the  Communion  or  second  service  nor  yet  baptize  Children  as  they  com- 
monly do.  the  Governors  assuming  the  power  of  granting  license  to  Jus- 
tices to  marry  is  of  ill  consequence  for  by  virtue  thereof  are  many  adul- 
terous Weddings  Christians  unequally  yoked  with  Quakers  or  Heathens 
I have  shewed  Col1  Hide  what  the  Canons  require  in  that  behalf  but 
Governors  and  men  in  power  will  not  easily  be  informed  of  an  insignifi- 
cant worthless  priest,  notice  ought  to  be  likewise  taken  of  an  abuse  of- 
fered to  my  character  Our  blessed  Vestrymen  who  are  to  establish  the 
Church  in  Order  thereto  at  the  first  strike  at  one  of  the  fundamentals  of 
our  constitution  in  understanding  the  Act  of  Vestry  otherwise  than  it 
was  intended  in  a former  Act  which  the  Society  did  not  allow  of  as  you 
may  remember  it  was  said  expressly  that  the  Minister  should  always  be 
deemed  a Vestryman  which  is  highly  necessary  here  where  they  are  so 
great  strangers  to  the  business  of  a Vestry  being  to  amend  that  act  by 
abolishing  that  power  of  meeting  annually  to  hire  their  Minister  for  the 
year  ensuing  they  have  omitted  that  for  the  Minister  being  a Vestryman 
whereupon  many  will  have  it  that  the  Minister  hath  nothing  to  do  in 
Vestry  which  is  contrary  to  our  Establishment  in  England  and  will  of 
course  destroy  this  Act  too  if  so  understood  this  is  the  contrivance  of 
an  Enemy  and  not  of  a Vestryman  who  ought  to  be  Exemplar 
and  pious  Christians  in  the  Parishes  but  there  are  many  of  them  Presby- 
terians or  Independants  unfit  for  such  an  office  but  being  burgesses  when 
the  Act  passed  t hurst  themselves  into  the  number  of  Vestry  with  no  good 
intent  this  you’l  sav  is  rather  History  than  a Letter  1 beg  pardon  for  my 
prolixity  hoping  the  subject  will  palliate  the  irksomeness  thereof  but  per- 
haps not  please  I wish  in  my  next  I may  have  cause  to  change  my  mat- 
ter and  not  as  hitherto  be  obliged  to  acquaint  you  with  things  more  disa- 
greeable than  in  my  former  letters  but  we  are  agrieved  the  Church  pre- 
sented in  danger  I myself  your  creature  a sufferer  my  sole  dependence  is 
on  the  Honble  Society  all  good  Christians  here  beg  for  protection  & assist- 
ance from  you  the  Lyes  of  all  arc  upon  you  hoping  for  some  redress  from 
vour  great  and  honM*  body  nothing  doubting  but  that  they  who  are  at  so 


772 


COLONIAL  RECORDS. 


great  a charge  and  trouble  in  propagating  the  Gospel  among  them  will 
cherish  and  maintain  the  same  here  so  propagated  you  have  here  a true 
but  brief  account  of  the  difficulties  1 struggle  with  the  most  ins’ portable 
I hope  will  procure  compassion  and  speedy  relief  hard  labour  and  famine 
can’t  be  borne  then  see  what  will  make  me  and  think  it  absolutely  neces- 
sary a couple  of  good  Negro’s  with  some  stock  to  begin  with  and  Money 
to  buy  provisions  with  till  I can  raise  it  within  myself  this  with  the  £41) 
the  price  of  mv  plantation  will  exceed  £80  Per  annum  Mr  Gordon  in  his 
request  for  £100  was  not  so  unreasonable  as  many  thought  it  to  be  for 
the  Society  will  not  consider  my  charge  I pray  they  may  be  pleased  to 
advance  me  £40  over  and  above  what  will  then  be  due  upon  the  depart- 
ure of  the  next  Virginia  Fleet,  which  I suppose  will  not  be  before  spring 
1 have  received  nothing  from  the  Society  since  I arrived  here  fleets  are 
so  uncertain  I did  hope  to  be  hond  ere  now  with  a line  or  two  from  you 

I am  Sir  your  humble  Serv* 

JOHN  URMSTON 

I wish  the  Society  would  write  to  the  Govr  <fc  Council  about  the  Li- 
brary which  I)r  Brav  sent  to  Bath  in  Pamplicough  thro  mistake  and 
being  informed  that  there  was  the  Seat  of  Government  whereas  it  is  the 
most  obscure  inconsiderable  place  in  the  country  I hear  Col1  Codring- 
ton  has  been  a great  benefactor  to  the  Society  if  true  it  will  be  an  easy 
matter  to  order  me  two  Negro’s  from  Barbadoes  born  there  and  speak 
English  used  to  house  work  and  can  handle  an  axe  they  may  be  sent  by 
way  of  Bermudas  opportunities  are  frequent — N B The  Vestry  of  Cho- 
wan never  met  at  all,  all  things  are  like  to  remain  till  the  confusions  are 
over  which  will  not  be  till  Col1  Hide  has  his  commission  if  then 


[P.  R.  O.  B.  T.  Proprieties.  Voe.  30.  p.  313.] 


July  12th  1711. 

To  the  Queen’s  most  Excell*  Majesty. 

May  it  Please  Your  Majesty 

In  obedience  to  Your  Majesty’s  Order  in  Council  of  the  14th  of  the  last 
month,  We  have  considered  the  Memorial  of  the  Lords  Pro]/9  of  Caro- 
lina, setting  forth  that  they  have  always  given  Instructions  to  their  Govr 
of  the  said  Province  to  appoint  a Deputy  for  the  better  and  more  regu- 
lar Government  of  that  part  of  Carolina  that  Ives  North  & West  of 


COLONIAL  RECORDS. 


778 


Cape  Hear,  by  reason  of  the  Great  Extent  of  that  Country,  and  the  Ne- 
cessity of  Corresponding  and  Trafficking  with  the  several  nations  of  the 
Indians,  & therefore  pray  your  Majesty’s  Royal  Approbation  of  Edward 
Hyde  Esq”  to  he  Govr  of  North  Carolina  aforesaid.  Whereupon  we 
humbly  take  leave  to  represent  to  Your  Majesty  that  We  have  no  objec- 
tion why  Your  Majesty  may  not  he  graciously  pleas’d  to  approve  of  the 
said  Edw’ard  Hyde  as  Governor  of  the  North  part  of  the  said  Province, 
under  the  Lords  Proprietors  according  to  their  Lordships  desire,  pro- 
vided he  Qualify  himself  for  that  trust  in  such  manner  as  the  Law 
requires,  & that  he  give  Good  & Sufficient  Security  for  his  due  observ- 
ance of  the  Acts  of  Parliament  relating  to  Trade  and  Navigation,  and  of 
such  Instructions  touching  the  same  as  shall  he  given  him  by  Your 
Majesty  or  by  any  person  acting  under  Your  Majesty’s  authority. 

The  Security  usually  given  by  the  Governors  of  other  Proprieties  is 
in  a Bond  of  2000£  sterl : But  in  Regard  the  Trade  in  that  part,  is 

inconsiderable.  We  humbly  offer  that  the  Security  to  be  given  by  the 
said  Edwd  Hyde  be  in  a Bond  of  1 ()()()£  Sterling. 

Which  is  most  humblv  submitted. 

PH.  MEADOWS. 

CHA:  TURNER. 

ARTH:  MOORE. 

• FR:  GWYN. 

Whitehall. 

July  12th  1711. 


[From  N.  C.  Letter  Book.  S.  P.  ({.] 


MR.  URMSTON  TO  THE  SECRETARY. 

N°  Carolina 
July  17th  1711 

Sir, 

Since  my  last  of  the  7th  the  Rebels  after  a shameful  defeat  in  their 
wicked  attempt  against  the  Governor  and  council  dispersed  themselves, 
some  tied  into  Virginia  where  there  will  be  met  with,  others  have  ab- 
sconded, but  so  as  to  be  ready  at  a call,  the  Governor  of  Virginia  is 
expected  in  bv  Land  with  forces,  & Captain  Smith  commander  of  Her 
Majesty’s  Ship  the  Enterprize  Guard  Ship  in  Virginia  brings  with  him 
a sloop  and  Marines,  so  that  there  will  be  search  made  for  the  enemies, 


774 


COLONIAL  RECORDS. 


they  will  T hope  be  apprehended  A disabled  from  ever  making  head 
againe,  except  they  are  protected  A assisted  in  their  villainy  bv  Danson, 
their  old  friend,  they  have  sent  divers  to  him  to  make  their  complaint  by 
this  fleet,  & are  very  confident  they  shall  turn  out  Col1  Hyde  & his  coun- 
cil A have  the  whole  management  of  affairs  in  their  own  power.  If  the 
proprietors  are  so  negligent  of  us  surely  the  Society  will  interpose  A 
engage  the  Queen  to  take  us  under  her  protection,  otherwise  there  will  l>e 
little  hopes  of  establishing  the  Church  or  any  good  order.  I have  been 
dreadfully  threatened  by  them,  & if  they  prevail  must  not  expect  to  stay 
here.  Mad™  Hyde  the  Governors  Lady  with  Mr  Knight  Secretary  of 
this  Government  came  over  with  the  same  Ships.  She  has  a copy  of  all 
proceedings  as  sent  to  the  proprietors  which  is  to  be  given  to  my  Lord 
Rochester  who  will  doubtless  acquaint  her  Majesty’s  privy  council  there- 
with. I told  you  in  my  last,  1 think  that  several  Quakers  have  arms, 
and  more  are  ready  so  to  do,  A if  that  will  not  do,  they  threaten  to  bring 
in  the  Indians  upon  us.  Danson  sent  hither  from  England  one  Roach 
with  some  goods,  A a dozen  or  14  Great  Guns  & ammunition  under  pre- 
tence of  building  a Ship,  but  ’tis  verily  believed  were  designed  for  our 
Ruin  many  of  them  were  mounted  on  Board  a Brigantine  which  was 
manned  by  the  Rebels  with  small  arms,  but  upon  their  dispersing  was 
since  taken  by  our  forces  with  3 men  only  in  her,  & all  the  Great  Guns 
& ammunition  this  is  a considerable  addition  to  our  strength  & now  many 
who  were  intimidated  by  the  audacious  impudence  & cruel  menaces  of 
the  Rascals,  now  daily  join  the  Governor : A others  who  were  for  the 
adversaries  are  disheartened  from  acting  against  us,  so  that  at  present, 
things  have  a better  face,  & we  shall  I hope  be  in  quiet  till  News  Eng- 
land except  Col1  Hyde  have  a commission  from  the  Queen,  he  will  either 
be  turned  out  or  not  obeyed  so  great  is  Danson’s  influence  over  the  rest 
of  the  proprietors,  these  are  with  all  humble  respects  to  the  Honorable 
Society  from, 

Sir  yours  Ac 


JN°  URMSTON 


P.  S. — As  for  the  Rebels  I am  not  much  concerned,  but  ’tis  grievious 
to  here  the  complaints  of  the  poor  men  A families,  who  have  been  so  long- 
in  arms  that  they  have  lost  their  crops  A will  want  bread,  the  ravage  A 
plunder  the  enemies  have  committed  has  ruined  others. — another  instance 
of  the  Quakers  Knavery  I cannot  omit  which  concerns  von  to  Knowe 
as  having  been  commissioner  for  the  Palatines.  Baron  Graffenreid  with 
his  people  must  have  starved,  if  not  supplied  by  others  here,  He  had  an 


COLONIAL  RECORDS. 


I ID 


order  from  t lie  proprietors,  i.  e.  Danson  for  the  rest  never  concern  them- 
selves to  receive  £1500  here  for  which  he  was  to  pay  1000  sterling,  a 
great  cheat,  for  £1000  sterling  is  worth  £0000  here  in  our  pay.  Danson 
in  his  Letter  to  his  friends  here  bragged  they  should  get  an  Estate  by 
these  Foreigners.  Cary  the  late  usurper  of  this  government,  & now 
head  of  the  Rebels  was  to  pay  it  out  of  the  proprietors  dues  which  he 
had  received  he  was  arrested  & made  his  escape  what  reason  then  have 
they  to  protect  him  to  prevent  others  from  supplying  the  Baron  in  his 
great  distress.  Roach  & the  Quakers  reported  that  the  Baron  had  no 
credit  in  England,  nor  had  he  anv  money  any  where,  through  ill  usage 
in  their  way  hither  & since  their  of  arrival  900  palatines  there  are  but 
300  novve  alive,  <fe  those  ready  to  starve,  through  the  instigation  of  the 
English,  who  live  near  them  the  neighboring  Indians  are  very  trouble- 
some to  them  in  the  beginning  of  this  present  Rebellion  the  Baron  with 
the  Swiss  & palatines  would  have  joined  the  Governor  but  were  threat- 
ened with  fire  & sword,  the  EngId  & Indians  designed  to  destroy  them  A 
all  they  had  such  encouragement  do  the  proprietors  give  people  to  come 
into  their  colony.  I have  written  a very  tart  Letter  to  Sir  John  Colleton 
a proprietor  concerning  all  matters  whether  pleased  or  displeased,  it  mat- 
ters not  the  proprietors  promised  me  all  friendship  & favor,  but  as  vet 
never  shewed  any  & I believe  never  will. 


[B.  P.  R.  O.  B.  T.  Proprieties.  Vol.  9.  (£  16.] 


To  the  Queens  most  Excellent  Majesty 
May  it  please  your  Ma*-' 

We  your  Ma”  most  Dutifull  and  Lovall  subjects  the  Lord>  Proprie- 
tors of  the  province  of  Carolina  in  Vmeriea  do  most  humbl\  take  Leave 
to  Represent  to  your  Ma*-'  that  by  Virtue  of  Letters  Patent  to  us 
Granted  from  vour  Royall  l T nolo  King  Charles  the  *2d  We  have  con- 
stantly Recommended  a Person  as  Governour  to  be  continu'd  bv  vour 
Ma”  Royall  Approbation,  And  we  have  alway’s  given  instructions  to 
every  such  Governour  to  appoint  a Deputy  Governor  under  hi-  hand  and 
seal  for  the  better  and  more  regular  Government  of  that  part  of  the  pro- 
vince of  Carolina  that  Lies  North  and  W est  of  Cape  Feare  by  reason 
that  the  great  extent  of  that  County  and  the  necessity  of  Corresponding 
and  trafficking  with  the  several  1 Nations  of  the  Indians  there,  does  re- 
quire such  a Distinct  Government:  We  humbly  take  leave  farther  to 


COLONIAL  RECORDS. 


77(i 


Represent  to  your  Majesty  that  the  Inhabitants  of  that  Part  of  the  Pro- 
vince have  Lately  Apply’d  themselves  to  ns  on  that  behalf  We  therefore 
accordingly  do  in  most  humble  manner  recommend  Edward  Hyde  Es<jrc 
to  be  Governor  of  the  North  Part  of  Carolina  aforesaid  he  being  a Per- 
son of  integrity  and  Capacity  well  affected  to  vour  Majesty  Government 
every  way  Qualified  for  that  Trust  and  having  been  Deputy  Governor 
to  Coll  : Edward  Tynte  lately  Deceased  who  bv  your  M aty  Approbation 
was  Govr  of  the  whole  Province  We  desire  your  Majesty’s  Approbation 
of  him  According  to  a Late  Act  of  Parliament  made  in  such  Cases 
All  which  is  most  humbly  submitted 

CRAVEN  M ASHLEY 

BEAUFORT  J COLLETON 

CARTERET  J DANSON 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol:  13.  O.  129.] 

N°  8 

V I RGINIA  PROCLA  M ATI  ON 

24th  day  of  July  1711 

By  her  Majties  Lieu4  Governor  and  Commander  in  Chief  of  this  Domin- 
ion 

A Proclamation  for  seizing  and  apprehending  Col0  Tho8  Cary  and  other 
Seditious  and  Fractious  persons  that  have  made  their  escape  from 
North  Carolina  into  this  Colony. — 

Whereas  Co10  Tho*  Cary  John  Porter  Emmanuel  Low  Nevil  Low 
Cap4  Stone  Edmund  Porter  Levy  Truehitt  Wm  Barrow  Tho9  Sparrow 
George  Berkenhead  Henry  Warren  Simon  Aderson  Junr  Sam1  Boatwell 
and  one  Richard  Roach  associated  with  Diverse  other  Seditious  and  Fac- 
tious persons  in  North  Carolina  have  lately  taken  up  arms  in  Opposition 
to  the  Established  Government  and  Laws  of  the  said  Province  Commit- 
ted Diverse  Acts  of  Hostility  and  Violence  upon  her  Majties  Subjects 
there  and  in  order  to  the  better  Carrying  on  their  Seditious  Designes  have 
been  Discovered  to  hold  a Traitorous  Correspondence  with  the  Tuscar- 
roro  Indians  whereby  they  have  Endeavoured  to  Incite  and  stir  up  the 
said  Indians  (by  promises  of  Reward)  to  Cutt  of  her  Maj4'0*  Good  Sub- 
jects of  the  said  Province  of  North  Carolina  that  Continue  obedient  to 
the  Govern mt. 


COLONIAL  RECORDS. 


1 1 ( 


And  whereas  Diverse  of  the  said  persons  finding  their  Designes  frus- 
trated and  justly  fearing  the  Punishment  their  Crimes  Deserve  have  fled 
from  justiee  and  made  their  Escape  into  this  Colony  and  have  been  En- 
deavouring by  false  and  crafty  Insinuations  to  Debauch  severall  of  her 
Majesties  Subjects  here  into  an  Approbation  of  their  Actions  and  Inten- 
tions. Now  to  the  end  the  peace  of  this  her  MajtlC8  Colony  may  not  be 
Endangered  by  the  pernitious  practice  of  such  Incendiarys,  I have 
thought  fitt  by  and  with  the  Advice  of  her  Majesties  Council  to  issue 
this  my  Proclamation  Strictly  Chargeing  and  requireing  all  Sheriffs  Con- 
stables and  Headboroughs  to  use  their  utmost  Diligence  to  Seize  and  Ap- 
prehend the  Above  named  Thomas  Cary  John  Porter  Emanuel  Low 
Nevil  Low  Cap1  Stone  Edmund  Porter  Levy  Truehitt  William  Barrow 
Th o'  Sparrow  George  Berkinhead  Henry  Warren  Simon  Alderson  Junr 
Sam1  Boatwell  and  Richard  Roach  and  being  so  apprehended  to  Secure 
and  Detain  them  in  Custody  until  1 they  and  every  of  them  enter  into 
Bond  with  Good  Security  in  the  some  of  five  Hundred  pounds  Sterlg  for 
their  personall  Appearance  before  the  Next  Council  and  tor  their  Good 
behaviour  in  the  Meantime.  And  if  any  person  Comeing  from  North 
Carolina  Shall  be  found  Issueing  Seditious  principles  into  her  Majtie8  Sub- 
jects of  this  Colony  or  other  Insinuations  tending  to  the  disturbance  of 
the  peace  I do  further  require  and  Command  all  her  Majtie*  officers  Civil 
and  Military  and  all  other  her  Majties  Subjects  to  whose  Knowledge  the 
same  shall  come  forthwith  to  Apprehend  and  Secure  such  Person  and 
Persons  and  to  carry  them  before  the  next  Justice  of  the  Peace  who  upon 
Proof  made  of  such  seditious  practices  is  hereby  required  to  Committ 
such  person  or  persons  to  prison  until  1 they  and  every  of  them  give  Bond 
with  Good  security  for  their  Good  behaviour  in  such  sume  as  the  said 
justice  shall  think  fitt  according  as  the  case  shall  appeare  to  him.  And 
if  upon  Examination  the  Crime  shall  appear  of  such  a Nature  for  which 
the  Party  ought  to  suffer  the  Loss  of  Life  or  Member  or  be  Imprisoned 
I do  hereby  require  the  said  Justice  or  Justices  to  Certify  to  me  the  Ex- 
aminations taken  before  them  and  to  committ  the  party  accused  to  Prison 
untill  further  order.  Hereby  Commanding  the  Sherifs  of  the  respective 
Countvs  to  Cause  this  proclamation  to  be  Read  and  Published  at  the 
Court  houses  Churches  and  Chappells  in  their  said  Countvs.  Given 
under  my  hand  and  the  seale  of  the  Colony  at  Wm9burgh  the  2-4th  day  of 
July  1711  in  the  Tenth  year  of  her  Majtios  reign 

A SPOTSWOOD 

God  save  the  Queen 


fid 


COLONIAL  RECORDS. 


778 


[B.  P.  K.  O.  Journal  Va.  Council.] 

24  July  1711. 

The  Governor  acquainted  the  Council  that  the  Project  communicated  at 
their  last  Meeting  for  assisting  the  Government  of  Carolina  was  not 
entirely  put  in  execution  because  just  as  he  was  preparing  to  march  lie 
received  by  an  Express  the  news  of  Coll0  Carvs  being  repuls’d  in  an 
attack  he  made  upon  the  President  and  Council  That  his  Brigantine  was 
taken,  and  that  he  was  retired  to  Pamplico.  Whereupon  finding  it  would 
be  very  inconvenient  if  not  impracticable  to  march  thither,  he  had  dis- 
charged the  Militia : but  the  President  of  Carolina  still  desiring  some 
Assistance;  he  had  sent  a detachment  of  the  Marines  from  one  of  the 
Guardships,  the  Commodore  of  the  Fleet  refusing  to  send  any  Marines 
from  the  men  of  war  under  his  command  for  that  service. 

Whereas  this  Board  are  informed  that  divers  persons  principally  con- 
cerned in  abetting  and  fomenting  the  present  Insurrection  and  Commo- 
tions in  North  Carolina,  and  that  have  been  actually  in  arms  with  Coll0 
Thomas  Cary  in  opposition  to  the  Established  Government  there,  are 
lately  come  into  this  Colony;  and  it  being  judged  of  dangerous  conse- 
quence to  the  peace  of  this  Colony  to  suffer  such  Incendiarys  to  go  at 
large  or  give  them  an  opportunity  to  infuse  their  seditious  and  factious  prin- 
ciples into  the  minds  of  Her  Majesty’s  subjects  here,  It  is  the  opinion  of 
the  Council  and  accordingly  Ordered  that  a proclamation  issue  for  appre- 
hending the  said  Coll0  Thomas  Carv,  John  Porter,  Emanuel  Low,  Nevil 
Low,  George  Lumley,  Challingswood  Ward,  Edmund  Porter,  Lovy 
Pruchet,  Stone  and  Richard  Roach,  if  found  within  this  Colony,  and 
to  secure  them  until  they  give  bond  with  good  security  in  the  sum  of  five 
hundred  pounds  sterling  each  for  their  appearance  before  the  next  Coun- 
cil and  for  their  good  behaviour  in  the  mean  time,  the  said  persons  being 
declared  Rebells  by  proclamation  in  North  Carolina  and  if  any  other 
person  coming  from  the  said  Province  of  North  Carolina  shall  be  found 
endeavouring  to  infuse  any  seditious  principles  into  the  minds  of  Her 
Majesty’s  subjects  of  this  Colony  or  other  insinuations  tending  to  the 
disturbance  of  the  peace  that  upon  proof  thereof  before  the  next  Magis- 
trate, they  be  bound  to  their  good  behaviour;  or  in  case  the  Fact  appears 
such  as  will  subject  the  offender  to  loss  of  life  of  imprisonment  that  they 
be  committed  to  prison  to  be  further  proceeded  against  according  to  law. 


COLONIAL  RECORDS. 


779 


16.  August  1711. 

Mr  Emanuel  Low  of  the  Province  of  North  Carolina  being  appre- 
hended pursuant  to  the  proclamation  issued  the  24th  of  the  last  month, 
and  this  day  brought  before  the  Governor  and  Council,  and  humbly 
moving  that  he  may  not  be  sent  back  to  North  Carolina  but  permitted 
to  stay  in  this  Government  upon  his  giving  security  for  his  good  beha- 
viour. It  is  thereupon  Ordered  that  the  said  Emanuel  Low  be  dis- 
charged out  of  his  Custody  upon  his  giving  bond  with  sufficient  security, 
That  as  soon  as  Her  Majesty’s  pleasure  shall  be  signified  concerning  the 
late  disputes  and  commotions  in  the  said  Province  of  North  Carolina  he 
shall  when  required  make  his  appearance  before  the  Governor  of  this 
colony  and  shall  be  on  good  behaviour  in  the  mean  time. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  13.  O.  94— Extract.] 

COLONEL  SPOTSWOOD  TO  THE  BOARD  OF  TRADE 

JULY  25th  1711. 

Virginia  25th  July  1711 

My  Lords 

* * * * 

5je  % % :Jc 

Having  now  given  vour  Lordships  the  present  state  of  affairs  in  this 
Colony  I should  not  have  added  to  your  Lordships  trouble  if  the  unhappy 
Commotions  in  our  neighbouring  Province  of  North  Carolina,  did  not 
oblige  me  to  represent  the  same  as  a matter  that  may  very  sensibly  affect 
the  peace  of  this  Colony  without  the  application  of  proper  remedys. 
One  Colonel  Thomas  Cary  being  some  years  agoe  appointed  Deputy 
Governor  of  North  Carolina  under  Sir  Nathaniel  Johnson,  was  after- 
wards removed  by  an  Order  of  the  Lords  Proprietors  and  a President 
chosen  to  take  on  him  the  administration;  but  it  was  not  long  before  Mr 
Carv  being  joined  bv  certain  Quakers  entrusted  by  the  Proprietors  in 
some  part  of  the  administration  gathered  together  a rabble  of  the  looser 
sort  of  People,  and  by  force  of  arms  turned  out  the  President  and  most 
of  the  Council,  and  by  his  own  authority  assumed  the  administration  of 
the  Government.  In  the  mean  time  the  Lords  Proprietors  appointed 
Collonel  Tvnte  Governor  of  South  and  North  Carolina,  and  Mr  Edward 
llvde  to  be  Deputy  Govr  of  the  northern  Province,  who  was  to  receive 
his  Commission  from  the  former.  Mr  Hvde  arrived  here  last  summer 


780 


COLONIAL  RECORDS. 


but  before  bis  arrival!  Coll : Tynte  dyed  ; so  that  he  found  himself  thrown 
into  a Country  without  any  Power  or  Credentials,  except  some  private 
Letters  from  some  of  the  Lords  Proprietors,  however  by  these  he  gave 
so  good  satisfaction  of  his  being  the  intended  Governor  for  that  Province 
that  every  one  that  could  pretend  to  have  Deputations  from  the  Lords 
Proprietors,  and  among  the  rest  Coll  : Cary  joined  in  a Petition  to  him 
to  take  the  administration  as  President  of  the  Council  until!  his  Com- 
mission for  Governor  should  arrive.  Accordingly  he  was  sworne,  pro- 
ceeded to  settle  Courts  of  Justice,  which  had  been  interrupted  during  the 
Course  of  the  former  troubles,  and  called  an  assembly.  But  Mr  Cary 
and  those  of  his  Party  finding  their  Interest  decline  and  fearing  to  be 
called  to  account  for  many  unwarrantable  actions  and  oppressions  where- 
of they  had  been  guilty  began  to  find  fault  with  their  own  election,  pro- 
tested against  the  meeting  of  the  Assembly  as  now  [not]  called  by  lawful! 
authority  and  endeavoured  to  stir  up  the  people  to  throw  off  their  obe- 
dience to  the  established  Government.  Upon  which  the  Assembly  ordered 
Mr  Cary  and  some  of  the  Chief  of  that  Party  to  be  taken  into  Custody 
and  proceeded  to  pass  a Law  obliging  Mr  Cary  to  account  to  the  Propri- 
etors for  their  dues,  which  he  had  refused  to  pav  for  the  subsistanee  of 
the  Palatines  according  to  their  Order,  and  added  some  other  Clauses 
perhaps  too  severe  to  be  justify’d,  wherein  it  must  be  confessed  they  shewed 
more  their  resentment  of  their  ill  usage  during  Mr  Cary’s  usurpation  (as  they 
call  it)  than  their  prudence  to  reconcile  the  distractions  of  the  Country,  but 
of  this  your  Lordships  will  better  judge  by  the  copys  of  the  Laws  and 
Address  which  are  here  inclosed.  It  was  not  long  before  they  found 
their  power  was  too  weak  to  enforce  the  execution  of  the  laws  they  had 
passed.  For  Mr  Cary  having  made  his  escape  out  of  custody,  had  again 
recourse  to  his  old  friends  the  Mobb,  of  which  he  drew  together  so  great 
a number,  and  fortify’d  his  house  with  great  Guns  and  other  warlike 
Stores,  that  when  the  Government  had  taken  a resolution  to  apprehend 
him,  they  found  it  impracticable  to  attempt  it,  Mr  Cary  did  not  long 
content  himself  to  stand  on  the  Defensive,  but  fitting  out  a Brigantine 
of  six  Guns,  furnished  him  by  a leading  Quaker  of  that  Province,  with 
some  other  Vessells  equipp’d  in  a warlike  manner,  he  again  declared 
himself  President,  and  went  to  attack  Mr  Hyde  and  his  Council  at  a 
place  to  which  they  had  retired  for  their  safety.  It  was  then  I receaved 
pressing  applications  from  them  for  assistance  from  hence  to  enable  them 
to  defend  themselves  against  this  Insurrection.  Whereupon  having  ad- 
vised with  the  Council,  it  was  thought  fitt  in  the  first  place  to  offer  my 
mediation  for  accomodating  their  differences  believing  that  Mr  Hvde 


COLONIAL  RECORDS. 


78] 


would  be  prevailed  on  to  suspend  the  severity  of  the  Laws  against  Mr 
Cary  untill  the  Proprietors  pleasure  were  known,  and  that  this  being 
once  obtained  Mr  Cary  would  be  contented  to  sit  quiet  and  suffer  the 
Government  to  go  on  in  the  way  to  which  he  himself  had  agreed.  Ac- 
cordingly I sent  a gentleman  very  fittly  qualify’d  for  transacting  an 
affair  of  that  nature  to  offer  my  Mediation  to  both  partys,  and  writt  to 
them  the  Letter  of  which  I here  send  your  Lordships  the  copy:  and 
because  I was  in  some  doubt  whether  Mr  Cary  would  yield  to  a peacable 
accomodation  I also  writt  another  Letter  (of  which  I have  inclos’d  a 
copy)  to  ho  deliver’d  him  in  case  he  rejected  the  former,  intending  that  if 
fair  means  would  not  prevail  on  him,  he  might  at  least  be  frighted  into 
a Compliance  by  the  expectation  of  a superior  Force  from  hence.  Mr 
Hyde  and  his  Council  readily  embraced  the  offer  made  them,  declar- 
ing themselves  ready  to  yield  to  any  terms  that  could  in  justice  or 
reason  be  expected  of  them,  hut  Mr  Cary  obstinately  rejected  all  offers 
of  accomodation.  Tis  true  at  first  he  made  a shew  of  accepting  the 
Mediation,  but  soon  show’d  that  he  had  no  other  intention  in  it,  than  to 
seize  Mr  Hyde  and  his  Council  by  drawing  them  to  an  interview  sepa- 
rated from  their  Guards,  which  he  treacherously  attempted  to  execute  in 
violation  of  his  own  promise  and  agreement.  After  his  disappointment 
in  this  design,  he  would  never  agree  to  any  place  of  conference  where 
Mr  Hyde  could  rely  on  the  safety  of  his  person : he  was  with  great  diffi- 
culty persuaded  to  declare  what  his  demands  were,  and  after  a copy  of 
them  was  obtained  he  positively  refused  to  sett  his  hand  to  it  and  tho’ 
he  had  notice  given  him  by  the  Gentlemen  1 sent  thither  that 
every  one  of  his  demands  would  be  agreed  to  with  some  necessary 
explanations  even  that  would  not  content  him,  but  warned  the  Me- 
diator to  retire  for  he  was  resolved  to  treat  no  otherwise  than  with 
Arms.  Matters  being  now  come  to  the  last  extremity  Mr  Hyde 
and  his  Council  again  pressed  for  assistance  by  a joint  Letter  of  which 
I send  vour  Lordships  the  copy:  and  having  had  the  unanimous  opinion 
of  her  Majesty’s  Council  here,  that  there  was  now  no  other  way  let]  but 
that  of  force*  to  put  a stop  to  this  Dangerous  Insurrection,  and  that  it  was 
conformable  to  her  Majesty’s  Instructions  to  assist  Mr  Hyde  and  those 
in  the  legal  administration  of  that  Government,  1 thereupon  ordered  the 
Militia  of  our  Frontier  Countvs  to  draw  together  designing  to  march  a 
Detachment  of  them  into  Carolina,  and  at  the  same  time  to  obtain  a re- 
inforcement of  Marines  from  her  Majesty’s  ships  of  war  here,  to  be  sent 
in  their  boats  to  the  sound  of  Chowan  for  securing  the  Brigantine  and 
armed  vessells  with  which  Mr  Carv  had  been  enabled  to  insult  the  Gov- 


782 


COLONIAL  RECORDS. 


eminent  and  overawe  the  people,  Rut  the  Commodore  of  our  homeward 
hound  fleet,  judging  it  the  least  part  of  his  duty  to  do  any  service  to  this 
Country,  positively  refused  to  afford  me  any  assistance  either  of  men  or 
boats:  tho  upon  my  first  communication  of  that  project  to  him  he  seem’d 
to  approve  it  and  that  I also  represented  to  him  how  serviceable  his  boats 
might  prove  in  transporting  the  pork  I had  ordered  to  be  bought  up  in 
Carolina  for  the  Queen’s  service:  and  tis  only  owing  to  that  disappoint- 
ment that  I have  been  obliged  to  lay  aside  the  thoughts  of  getting  any 
Pork  from  thence,  which  I wish  may  not  be  a disadvantage  to  her  Maj- 
esty’s service  in  another  place.  In  the  mean  time  1 receaved  advice  that 
Mr  Cary  had  attempted  to  put  in  execution  his  chief  design  of  seizing  Mr 
Hyde  and  his  Council  that  he  endeavoured  to  land  a party  of  his  men, 
while  at  the  same  time  he  attacked  them  with  his  Cannon  from  his  Brig- 
antine; but  finding  he  was  like  to  meet  with  some  resistance,  and  the 
courage  of  his  Mobil  not  being  so  great  in  action  as  in  imagination,  he 
gave  over  the  attempt,  and  is  since  retired  to  a remote  part  of  the 
country,  whither  it  is  impracticable  to  march  the  Militia  from  hence 
to  attack  him.  He  is  there  gathering  a greater  force  and  threatens 
to  bring  down  the  Tuscorure  Indians  to  his  assistance.  I have 
sent  what  Marines  could  be  spared  from  our  Guard  ships  to  the 
assistance  of  that  Government,  in  hopes  by  that  means  to  satisfy 
the  People  that  they  are  mistaken  in  what  their  Quaker  Polititians 
have  infused  into  them,  that  this  Government  had  no  authority,  nor 
would  ever  meddle  in  their  quarrels  and  if  this  will  not  do,  I shall  still 
endeavour  (notwithstanding  the  almost  insuperable  diflicultys  of  march- 
ing Forces  into  a Country  so  cutt  with  great  Rivers  and  without  any 
conveniency  of  carriage)  to  put  an  eflectuall  stop  to  these  confusions, 
which  give  so  great  apprehensions  to  her  Majesty’s  subjects  of  this  Col- 
ony, who  reflect  that  the  fatal  rebellion  raised  here,  which  cost  the  Crown 
a great  expense  of  treasure  to. quell,  sprung  from  much  less  dangerous 
appearances;  especially  since  Mr  Cary  has  threatened  to  act  another  An- 
tegoa  Tragedy,  to  which  his  own  desperate  Circumstances  and  the 
wretched  Crew  he  has  gott  together  seem  like  enough  to  prompt  him.  It 
is  no  small  concern  to  me  to  find  in  two  or  three  of  our  frontier  countys 
where  the  Quakers  have  got  the  greatest  footing  such  a reluctancy  to 
undertake  anything  against  Cary  and  his  Party,  which  I understand  is 
owing  to  the  crafty  insinuations  of  that  sort  of  People,  who  not  only 
have  been  the  principal  Fomenters  of  the  distractions  in  Carolina  but 
make  it  their  business  to  instill  the  like  pernicious  notions  into  the 
minds  of  her  Majesty’s  subjects  here  and  to  justify  all  the  mad  actions  of 
t\\at  Rabble  by  such  arguments  as  are  destructive  to  all  Government. 


COLONIAL  RECORDS. 


78:5 


I think  it  necessary  on  this  occasion  to  represent  to  your  Lordships 
how  ill  this  Country  is  provided  for  its  defence  either  against  a For- 
reigne  Enemy  or  intestine  commotions:  The  powder  which  her  Majesty 

sent  hither  some  years  ago  is  so  much  wasted,  that  there’s  no  dependence 
upon  its  doing  execution  even  at  half  distance.  I beg  your  Lords1’8  will 
be  pleased  to  move  her  Majesty  for  a fresh  supply,  and  that  in  the  mean 
time  the  Admiralty  may  give  orders  to  the  Captains  of  her  Majesty’s 
ships  resorting  hither,  to  exchange  from  time  to  time  some  of  their  fresh 
powder  for  some  of  ours  which  will  he  as  proper  for  their  use,  in  their 
Signals,  Watch  guns  and  Salutes.  The  Confusions  in  Carolina  have 
hindered  the  meeting  of  the  Comm1''  for  setling  the  Boundaries,  but  as 
soon  as  the  affairs  of  that  Country  attain  any  tollerable  settlement,  I shall 
press  them  all  I can  to  come  to  a Conclusion,  and  hope  by  the  next  Con- 
veyance I shall  be  able  to  give  a good  account  of  that  affair.  1 am  with 
all  due  respect 

My  Lords  your  Lordships 
Most  dutifull  A most  obedient  humble 

servant 

A.  SPOTSWOOD. 

P.  S.  Kiquotan  July  28th  1711. 

My  Lords, 

Since  I came  hither  to  dispatch  the  Fleet,  I have  received  advice  that 
upon  the  arrival  of  the  Marines  I stall  to  Carolina  the  heads  of  that 
mutinous  Rabble  there  are  Hod  and  dispersed,  and  that  there  is  now  great 
hopes  that  Country  will  again  be  restored  to  peace ; the  Assembly  and 
Courts  of  Justice  are  beginning  to  resume  their  functions  without  fear  of 
further  disturbance.  The  Commissioners  for  settling  the  boundarys  are 
just  now  mett,  and  1 hope  they  will  conclude  that  affair  before  they  sepa- 
rate; so  that  1 may  be  able  by  the  next  opportunity  to  lay  their  proceed- 
ings before  your  Lordships. 

There  are  now  further  discovervs  made  of  the  ill  designs  of  Mr  Cary 
and  his  party,  there  being  some  Affidavits  sent  in  hither  to  prove  that 
Mr  Porter  one  of  Cary’s  pretended  Council  was  with  the  Tuscaruro 
Indians,  endeavoring  by  promises  of  great  rewards  to  engage  them  to  cut 
off  all  the  Inhabitants  of  that  part  of  Carolina  that  adhered  to  Mr  Hyde. 
The  Indians  own  the  proposal  was  accepted  by  their  young  men;  but 
that  their  old  men  who  have  the  greater  sway  in  their  Councils  being  of 
their  own  nature  suspicious,  that  there  was  some  trick  intended  them,  or 
else  directed  by  a superior  Providence,  refused  to  be  concerned  in  that 
barbarous  design. 


COLONIAL  RECORDS. 


7K  I 


[From  Spotbwood  Letters.  Vol.  1.  r.  100.  | 

« 

Virginia,  July  28th  1711. 

To  the  Lords  Proprietors  of  Carolina: 

My  Lords: 

Your  Lord’ps  will  no  doubt  receive  from  divers  hands  an  account  of 
the  distractions  in  your  province  of  North  Carolina,  and  therefore  I shall 
not  enter  into  the  detail  of  that  Affair  any  further  than  what  concerns  the 
part  1 have  had  in  Endeavouring  to  obtain  a passification  of  their 
Troubles  and  to  restore  to  that  Country  that  Union  amongst  its  inhab- 
itants which  is  so  necessary  for  the  public  good. 

After  I had  received  from  Mr.  Hyde  and  his  Council  repeated  advices 
of  the  preparations  Mr.  Cary  was  making  to  attack  them  with  an  armed 
Force,  and  the  powerful  interest  he  had  made  bv  the  means  and  Artifices 
of  the  Quakers  to  poison  the  minds  of  all  those  who  had  any  remains  of 
a peacable  disposition  and  to  debauch  them  from  their  Obedience  to  a 
Government  to  which  he  himself  had  consented,  and  that  your  President 
and  Council  were  unable  to  defend  themselves  without  assistance  from 
this  Colony,  I did  upon  mature  deliberation  with  the  Council  here,  judge 
it  most  expedient  to  offer  my  mediation  to  accommodate  their  differences, 
at  least  to  persuade  Mi-.  Cary  to  suspend  all  Acts  of  Violence  untill  your 
Lord’ps  should  signify  your  pleasure  upon  the  Laws  with  which  he  pre- 
tended to  be  aggrieved.  I must  do  justice  to  Mr.  Hyde  and  the  Gentle- 
men who  act  as  his  Council  to  represent  to  Yor  Lord’ps  their  readiness 
to  submit  all  matters  in  dispute  to  an  impartial  examination  and  to  yield 
to  any  terms  that  were  just  and  honourable,  but  I found  a quite  different 
Spirit  in  Mr.  Cary  and  his  Associates,  who  would  not  so  much  as  agree 
to  a place  of  Conference  where  Mr.  Hyde  could  repair  with  safety  to  his 
person,  and  at  last  rejected  all  offers  of  Mediation,  tho’  the  Gent.  I sent 
to  propose  it,  signifved  to  him  by  Mr.  Mosely,  one  of  his  greatest  Confi- 
dants, that  Mr.  Hyde  was  willing  to  yield  to  as  many  of  his  demands  as 
he  had  then  thought  fit  to  communicate.  The  Confidence  he  placed  in 
his  superior  Force  (having  then  a Brigantine  and  Barco  longo  mounted 
with  canon  and  tilled  with  armed  men  riding  in  Chowan  Sound,  wearing 
his  Flag  at  the  top-mast  head,  within  gun  shott  of  the  places  where  Mr. 
Hyde  and  his  Council  lay)  made  him  fancy  he  should  soon  be  able  to 
reduce  Mr.  Hvde  and  the  Council  under  his  power,  and  he  had  the  mad- 
ness to  insinuate  to  the  Gentleman  I sent  to  him  that  Mr.  Hyde  might 
expect  the  same  fate  Coll”  Park  had  in  Antegoa,  but  his  success  has  not 


COLON  I A L R ECOR  DS. 


785 


hitherto  proved  answerable  to  his  expectations,  having  met  with  Repulse 
in  the  attempt  that  he  made  to  Land  and  seize  Mr.  Hyde.  However, 
those  who  have  the  direction  of  him  will  not  suffer  him  to  be  discour- 
aged by  that  disappointment.  For  Mr.  Hvde  informs  me  he  is  now 
drawing  together  a greater  Force  at  Pamlico,  and  fortifying  the  house  of 
one  Roach,  where  is  the  Rendevouze  of  his  Quaker  Crew.  I think  it 
necessary  to  acquaint  Your  Lord’ps  that  no  man  has  appeared  more  act- 
ive in  these  Commotions  than  this  Roach,  a wretched  fellow,  who  being 
sent  in  lately  with  a Cargo  of  goods  belonging  to  some  Merchants  in 
London,  no  sooner  came  into  the  Country  but  he  declared  himself  against 
the  Government,  without  examining  which  side  was  in  the  wrong,  and 
has  been  all  [the  while]  a principal  Incendiary,  and  had  it  not  been  for 
his  furnishing  the  Mobb  with  trading  guns  out  of  his  store,  and  ammu- 
nition belonging  to  his  Imployers,  these  Commotions  would  never  have 
got  to  the  head  they  are  now  arrived  at.  I must  not  Omitt  to  inform 
Your  Lord’ps  how  far  the  true  Spirit  of  Quakerism  has  appeared  on  this 
Occasion,  for  besides  the  insinuations  they  have  made  to  inflame  the  Mob, 
and  their  Supplying  them  witli  arms,  rather  than  baulk  their  design, 
several  of  the  Chief  of  them  have  accompanyed  Mr.  Cary  as  his  Coun- 
cil, and  some  even  taken  upon  them  military  titles.  Upon  the  repeated 
applications  of  Mr.  Hyde  for  assistance  from  hence,  I had  the  unanimous 
opinion  of  her  Majesty’s  Council  here  to  send  an  armed  Force  for  the 
protection  of  that  Government  against  this  Insurrection,  there  being  now 
no  other  way  but  Force  left  to  restore  the  peace  of  Your  Lord’ps’  Coun- 
try. I have  sent  to  Mr.  Hyde  a party  of  Marines  from  our  Guardships, 
in  hopes  that  will  fright  the  people  from  joining  in  the  mad  designs  of 
Cary  and  his  party,  when  they  see  their  Governor  will  be  supported  from 
hence.  The  satisfaction  Mr.  Hyde  gave  me  of  your  Lord’ps’  intention 
for  his  being  the  Governor  of  that  Province,  tho’  he  had  met  with  such 
disappointment  in  obtaining  his  Commission,  and  the  evident  proofs  that 
all  this  Faction  against  him,  is  purely  occasioned  on  the  account  of  his 
acting  for  the  interest  of  Your  Lord’ps,  in  endeavouring  to  obtain  justice 
from  Mr.  Cary  in  relation  to  your  dues,  were  very  great  inducements  to 
engage  in  this  Undertaking.  Your  Lordships’  prudence  will  easily 
suggest  to  you  the  proper  measures  to  put  an  end  to  these  Confusions  and 
to  establish  a more  lasting  foundation  of  peace  and  Tranquility  to  her 
Majesty’s  Subjects  under  vour  Government,  wherein  T shall  think  my- 
self happy  if  I can  be  serviceable,  having  no  private  passion  or  Affection 
to  any  person  there,  nor  any  other  design  than  to  testify  the  Respect  with 
which  1 am, 

95 


My  Lords,  <fec. 


78(5 


COLONIAL  I l E(  '<)  1 1 1 )S. 


[From  Spotswood  Letters.  Vol.  1.  r.  10-5.] 


GOV.  SPOTS  WOOD  TO  LORD  DARTMOUTH. 

Virginia,  .July  28th,  1711. 

To  My  Lord  Dartmouth: 

My  Lord: 

Having  given  Your  Lord’p  the  trouble  of  two  dispatches  by  the  New 
York  packet  boat  (of  which  the  duplicates  are  inclosed)  I have  little  now 
to  add  except  to  enclose  the  Journals  of  Council  and  proclamations  which 
contain  the  publick  transactions  of  this  her  Majesty’s  Colony.  Since  the 
arrival  of  the  Marines  I sent  into  Carolina,  The  Affairs  of  that  Country 
seem  to  take  a new  turn.  Mr.  Cary  and  his  party  are  dispersed,  and  ’tis 
hoped  the  Courts  of  Justice  and  Assembly  of  the  Province  will  again  be 
at  Liberty  to  resume  their  Functions.  Upon  advice  that  some  of  the 
Chief  of  Mr.  Cary’s  Faction  were  come  into  this  Colony,  the  Council 
advised  the  issuing  a proclamation  for  apprehending  them  ’till  they 
should  give  Security  for  their  good  behaviour  here,  for  no  government 
can  be  safe  that  has  in  it  such  dangerous  Incendiarvs.  There  are  several 
Affidavits  sent  me  to  prove  that  one  Porter  who  is  one  of  Mr.  Cary’s  pre- 
tended Council  was  with  the  Tuscaruro  Indians  promising  great  Rewards 
to  incite  them  to  cut  off  all  the  Inhabitants  of  that  part  of  Carolina  that 
adhered  to  Mr.  Hyde.  The  Indians  own  that  the  proposal  was  accepted 
by  their  young  men,  but  that  their  old  men  (who  bare  great  Sway  in  all 
their  Councils)  being  of  their  own  nature  Suspitious  of  some  trick  or 
else  directed  bv  a Superior  providence,  refused  to  be  concerned  in  that 
barbarous  design.  I must  beg  leave  to  represent  to  Your  Lord’ps  how 
ill  provided  we  are  here  to  oppose  either  a foreign  Enemy  or  Intestine 
Commotion,  the  powder  her  Majesty  sent  hither  some  years  ago  is  so 
much  wasted  by  lying  so  long  in  this  Climate  that  there’s  no  dependence 
on  its  doing  execution  even  at  half  distance.  I pray  Your  Lord’ps  will 
be  pleased  to  move  her  Majesty  to  send  a fresh  Supply,  and  in  the  Mean- 
time that  the  Captains  of  her  Majesty’s  Ships  of  War  resorting  to  this 
place  may  be  directed  to  exchange  from  time  to  time  some  new  powder 
for  that  here,  which  will  be  as  usefull  as  any  other  for  their  Signals, 
Watch  guns  or  Salutes.  Her  Majesty’s  Ship  the  Enterprise  attending 
this  Government  had  the  good  fortune  to  take  at  our  Capes  a French 
privateer  of  88  men  from  Petitguarms  [sic]  which  had  used  their  Coast 
and  done  great  damage  to  our  Trade  for  two  or  three  summer’s  past.  1 


COLONIAL  RECORDS. 


787 


have  sent  the  prisoners  home  by  this  Fleet  and  hope  it  may  prove  for 
her  Majesty’s  Service  in  redeeming  from  the  Enemy  the  like  number  of 
her  Majesty’s  Subjects,  which  I shall  always  preferr  to  the  particular 
Advantages  to  me  by  sending  them  in  a Flag  of  Truce  to  their  own 
Island. 


[From  Spotswood  Letters.  Vol.  1.  p.  107.] 


GOV.  SPOTSWOOD  TO  EARL  OF  ROCHESTER. 

Virginia,  July  30th,  1711. 

To  the  Earl  of  Rochester: 

My  Lord: 

The  extraordinary  Seituation  of  affairs  in  my  Neighbourhood  gives 
Occasion  to  the  doing  myself  the  honour  of  this  Letter  wherein  1 shall 
be  cautious  of  taking  up  Your  Lord’p’s  time  with  any  needless  detail  of 
the  distractions  in  North  Carolina,  well  knowing  there  are  persons  now 
gone  over  to  make  a full  Representation  thereof,  and  that  if  the  particu- 
lars be  judged  material,  they  will  be  communicated  to  Your  Lord’p  by 
her  Majesty’s  Secretary  of  State,  and  bv  ye  Council  of  Trade,  to  whom 
I have  writ!  at  large  upon  this  head,  and  shall  only  in  general  say,  that 
when  1 found  a Mob  up  in  arms  obstructing  the  course  of  Justice,  de- 
manding the  dissolution  of  the  Assembly  and  the  Repeal  of  all  Laws 
they  disliked,  rejecting  the  Mediation  of  this  Government,  and  Slighting 
the  Concessions  made  bv  their  President  and  Council  for  redressing;  all 
the  Grievances  they  thought  fitt  to  communicate,  when  they  declared 
their  intentions  to  act  another  Antigoa  Tragedy,  and  not  only  threatened 
to  call  in  Indians  to  their  Alliance,  but  actually  Endeavoured  to  engage 
the  Tusearuros  in  a barbarous  design  of  cutting  off  all  her  Majesty’s 
Subjects  that  were  not  of  their  party,  1 thought  it  high  time  to  interpose 
with  a Force  from  this  Colony  to  put  a more  effectual  stop  to  their  mad- 
ness, which  I rejoice  to  tell  Your  Lord’p  is  now  hapily  accomplished, 
and  that  party  dispersed  without  effusion  of  blood.  Here  1 beg  leave  to 
offer  it  as  my  humble  opinion,  That  since  the  Country  of  North  CarolinS 
has  long  been  the  common  Sanctuary  of  all  our  Runaway  Servants  and 
of  all  others  that  fly  from  the  due  execution  of  the  Laws  in  this  and  her 
Majesty’s  other  plantations.  Since  they  labor  under  such  a total  Absence 
of  Religion  that  there  is  but  one  Clergyman  in  the  whole  Country,  who 
has  been  little  more  than  a year  there,  and  has  since  baptized  great  iiinii- 


788 


COLONIAL  RECORDS. 


bers  of  persons  of  all  ages.  Since  the  Quakers  are  a numerous  people 
there,  and  have  been  f'atajiy  trusted  with  a large  share  in  the  administra- 
tion of  that  Government,  and  often  taken  up  arms  to  maintain  themselves 
therein;  Since  it  has  been  the  common  practice  there  to  resist  and  im- 
prison their  Governors,  as  that  they  look  upon  that  as  lawfull  which  has 
been  so  long  tolerated,  but  lately  since  neither  the  great  Moderation  (I 
may  justly  say)  prudent  behaviour  of  Mr.  Hyde,  nor  the  respect  due  to 
his  birth  and  Character,  could  avail  anything  on  that  mutinous  people,  I 
cannot  see  how  it  is  possible  to  reduce  that  Anarchy  into  a regular  form 
of  Government,  without  their  Governor  be  invested  witli  a greater 
Authority  than  the  Lords  Proprietors  can  confer,  and  that  he  Ik*  also 
assisted  and  Supported  from  this  Government,  which  I can  joyfully 
assure  your  Lord’p  is  in  perfect  peace  and  Tranquility,  under  a due 
Obedience  to  the  Royal  Authority  and  a Gen’ll  Conformity  to  the  estab- 
lished Church  of  England.  And  to  this,  that  if  the  person  appointed 
Deputy  Governor  of  North  Carolina  be  Commissioned  by  tin*  Crown, 
her  Majesty  will  have  at  hand  one  to  take  Care  of  this  Government  upon 
any  sudden  Vacancy;  Since  the  interest  of  Great  Britain  and  the  Roval 
prerogative  cannot  but  lose  ground  during  the  rule  of  a President  who 
is  generally  either  a native  of  the  place,  or  too  considerably  interested 
therein.  I pray  Yo’r  Lord’p  to  interpret  the  trouble  I have  here  given 
you,  as  proceeding  from  a sincere  desire  to  promote  her  Majestv’s  service, 
together  with  the  Welfare  of  her  people,  and  to  advance  the  interest  of 
my  Native  Country  and  the  established  Church,  which  will  always  be  the 
hearty  endeavours  of  him  who  begs  the  honour  of  subscribing  himself, 
with  the  profoundest  Respect, 

My  Lord, 

Your  Lord’p’s 
Most  dutifull  & 

Most  devoted 
Humble  Servant. 


COLONIAL  RECORDS. 


789 


[B.  P.  R.  O.  B.  T.  Proprieties.  Vol.  9.  Q.  20.] 


AT  THE  COURT  AT  WINDSOR. 


the  30th  of  July  1711 

Present 

The  Queens  most  Excellent  Maty 
in  Council 

Upon  Reading  this  day  at  the  Board  a Report  from  the  Lords  Com- 
missioners of  Trade  and  Plantations  upon  a Memorial  of  the  Lords 
Proprietors  of  Carolina  Setting  forth  their  having  always  given  Instruc- 
tions to  their  Governor  of  the  said  Province  to  Appoint  a Deputy  for 
the  better  and  more  regular  Government  of  that  Part  of  Carolina  that 
lyes  North  and  West  of  Cape  Feare  by  reason  of  the  great  Extent  of 
that  Country  and  the  Necessity  of  Corresponding  & Trafficking  with 
tlx*  Several  Nations  of  the  Indians  and  therefore  prav  Her  Maty"  Royal 
Approbation  of  Edward  Hyde  Esqr  to  be  Govern'  of  North  Carolina 
aforesaid  ; And  the  said  Lords  Comm”  by  their  said  Report  having  no 
objection  to  the  same,  And  taking  Notice,  that  the  Security  usually  Given 
by  the  Governors  of  Other  Proprieties  is  in  a Bond  of  Two  Thousand 
Pounds  Sterling;  But  in  regard  the  Trade  in  that  Part  is  inconsiderable, 
and  therefore  humbly  offer  that  the  Security  to  be  given  by  the  said 
Edward  Hyde  be  only  in  a Bond  of  One  Thousand  Pounds  Sterling; 
Her  Majesty  in  Councill  taking  the  Same  into  Consideration  is  Gra- 
ciously pleased  to  Declare  Her  Allowance  and  Royal  Approbation  of 
the  said  Edward  Hyde  Esqr  to  be  Governor  of  the  said  North  Carolina 
according  to  the  Nomination  and  Appointment  of  the  said  Proprietors. 
Provided  he  Qualifies  himself  for  that  Trust  in  such  manner  as  the  Law 
Requires  And  that  he  gives  one  Thousand  pounds  security  for  his  due 
observance  of  the  Acts  of  Parliament  relating  to  Trade  and  Navigation, 
and  of  such  instruction  as  shall  be  from  time  to  time  sent  him  from  Her 
Majesty  or  any  acting  under  her  Majesty’s  Authority.  And  the  said 
Lords  Commission”  of  Trade  and  Plantations,  are  to  take  care  that  good 
and  sufficient  security  be  given  by  the  said  Edward  Hyde  accordingly 

JOHN  POVEY 


(Endorsed) 

Recti  25th  August  1 . 

Read  23  October  / l,U 


Q 20 


790 


COLONIAL  RECORDS. 


[From  Spotswood  Letters.  Vol.  1.  p.  102.] 


GOV.  SPOTSWOOD  TO  THE  LORDS  PROPRIETORS. 

K iquotan,  J uly  31,  1711. 

To  the  Proprietors  of  Carolina  : 

My  Lords: 

Since  my  writing  this,  the  Marines  are  returned  after  having  frighted 
the  Rebellious  party  so  as  to  lay  down  their  arms  and  disperse,  and  I 
with  joy  tell  Your  Lord’ps  that  there  is  now  some  prospect  of  tranquil- 
ity in  Yo’r  Government,  and  that  I have  brought  this  about  without 
effusion  of  blood,  or  disorders  committed.  And  upon  my  arrival  at  this 
place,  1 found  Collo.  Cary,  Levy,  Treuit,  &<•.,  blustering  and  pretending 
to  have  taken  a passage  in  the  Fleet  for  their  going  to  England,  in  order 
to  justify  their  action.  Whereupon  I had  ’em  brought  before  me,  but 
plainly  discovered  they  intended  nothing  less  than  a fair  Tryal  at  Your 
Lord’ps’  Board.  Wherefore,  seeing  thev  would  give  me  no  security  for 
such  appearance,  I have  sent  them  home  in  the  Reserve  and  Tvger,  Men 
of  War,  believing  the  greatest  Justice  I can  do  them  is  to  leave  them  to 
Your  Lord’ps’  Examination. 


[ B.  P.  R.  O.  Am  : & W : Ixn  : Von : 22.  p.  2.] 


LETTER  FROM  GOV.  HYDE. 

My  Lord, 

As  no  one  can  more  heartily  congratulate  your  Lordship  in  that  high 
station  her  Majesty  has  so  deservedly  placed  your  Lordships  so  no  one 
can  be  less  desirous  of  giving  you  any  trouble  now  you  are  in  it  But  it 
is  my  lot  at  this  time  to  be  placed  in  a Government  where  I find  nothing 
but  sedition  has  been  industriously  cultivated  and  rebellion  too  much 
practiced.  An  instance  of  which  will  be  very  evident  in  Coll:  Cary  who 
is  now  sent  prisoner  to  England.  I think  this  is  but  the  third  Rebellion 
he  has  headed  since  he  came  into  Carolina  beginning  with  him  in  Ashley 
River,  where  lie  headed  300  Mob  and  seized  Judge  Trot  and  twice  since 
he  came  into  North  Carolina  concluding  with  me.  He  and  those  people 
committed  with  him  which  he  intended  Evidences  for  himself  were  at 
the  request  of  me  and  the  Colincell  apprehended  by  the  IIonble  Alexan- 


COLON!  A I,  RECORDS. 


791 


der  Spotswood  Lieutenant  General  Governor  of  Virginia  and  1 should 
do  very  great  Injustice  to  that  honbI°  person  if  I did  not  own  that  the 
prospect  we  have  of  peace  being  settled  in  (his  Government  oweing  to 
him,  as  well  as  putting  an  end  to  this  Rebellion  to  his  measures;  I [saw] 
no  wav  left  to  support  her  Majesty’s  authority  and  peace  here  and  main- 
lain  the  Lords  Proprietors  power  but  by  begging  assistance  from  the 
Governour  of  Virginia  who  with  great  compassion  tooke  the  miserable 
case  of  that  Country  and  my  circumstances  (in  a manner  I may  say)  into 
his  own  protection. 

T humbly  supplicate  your  Lordships  that  not  having  had  notice  of 
Coll:  Carys  being  apprehended  and  committed  before  the  Fleet  sayld  for 
England  bv  which  it  was  rendered  impossible  for  me  to  send  evidences 
to  make  out  our  charge  at  this  time  against  him,  which  I have  no  reason 
to  doubt  but  I shall  do  with  great  clearness)  that  I may  have  sufficient 
time  allowed  me  to  send  over  my  evidences  and  proofs:  But  if  such  a 

favourable  consideration  (in  your  Lordships)  to  the  poverty  of  this  Coun- 
try should  prevail  with  your  Lordships  to  get  a Commission  sent  into 
Virginia  to  examine  not  only  evidences  but  to  try  the  criminals  that  are 
in  Custody  here  (if  Coll:  Carv  and  those  committed  with  him  shall  not 
by  your  Lordship  be  thought  fit  to  be  try’d  allso)  must  undoubtedly  be 
esteemed  a very  great  Charity — I must  entreat  leave  to  observe  to  your 
Lordship  that  Levy  Treuvit  and  George  Lumley  are  two  of  the  most 
eminent  villains  that  could  be  picked  out  fin-  Coll : Cary’s  purpose  the 
first  Coll:  Cary  made  elarke  of  Pemplico  Court  in  Bath  County  where 
it  will  be  proved  he  was  famous  for  forging  of  false  .lodgements  and 
razing;  of  records  which  most  in  that  Court  are  now  raz'd  bv  him  George 
Lumley  was  made  the  Secretary's  Clarke  by  Coll : Cary  and  when  lie 
reeed  the  Collonys  seal  and  the  Records  he  gave  bond  to  restore  them 
when  required  as  whole  as  when  he  received  them  without  corruption 
or  Imbezelment  when  1 sent  mv  order  for  them  he  refused  it  and  when  1 
compelled  him  to  deliver  them,  abundance  of  records  was  not  only  razed 
but  whole  councells  cut  out  of  the  Hooke  the  other  two  Edmund  Porter 
and  Challingwood  \\  ard  areas  usefull  for  any  wicked  purpose  as  the  others 
and  were  all  of  them  in  arms  on  board  the  Brigantine  with  Coll : Cary  when 
he  assaulted  me  the  d()lh  of  June  last  on  Coll:  Pollocks  Plantation  but 
was  repulsed.  I humbly  beg  your  Lordships  pardon  that  1 have  tres- 
passed thus  much  upon  your  Lordships  pa’tience,  I hope  of  your  Lord- 
ships  protection  and  Interest  as  my  cause  will  appear  having  been  most 
barbarously  used  ever  since  I came  in  by  a people  1 never  offended,  but 
the  Quakers  that  have  ever  strove  to  overturn  the  church  Government  in 


COLONIAL  RECORDS. 


792 


this  Colony  has  since  I came  in  pushed  it  on  with  unusuall  force  many 
having  tooke  up  arms  themselves.  I had  a 11  most  forgot  to  bog  of  your 
Lordships  that  if  John  Porte)1  senior  who  I hear  has  gone  in  a Runne 
for  England  should  be  heard  of  so  that  it  comes  to  your  Lordships 
knowledge,  he  may  be  tooke  up  for  he  has  not  only  at  all  times  Ix-en  the 
disturber  of’  the  Peace  of  this  Government  ever  since  lie  came  into  it  but 
in  this  last  commotion  has  endeavoured  by  going  in  person  to  several  1 
Indian  towns  and  by  promises  of  reward,  to  bring  down  the  Indians  to 
cut  of  Man,  Woman  and  Child  on  the  Western  Shore  of  Chowan,  that 
hits  been  the  only  subjects  to  her  Majesty  that  on  all  occasions  has  ex- 
pressed their  Loyalty  I humbly  beg  leave  to  recommend  myself  and 
cause  to  your  Lordships  protection  and  interest  and  if  it  were  not  too 
great  a presumption  if  I might  have  my  complaints  made  bv  your  Lord- 
ships  to  my  Lord  Rochester  and  my  Lord  Guernsey  I shall  take  it  as 
;m  extraordinary  Favour  assuring  your  Lordships  that  no  person  living 
can  be  with  greater  regard  and  respect  more  your  Lordships  then 
My  Lord 

your  Lordships 
most  obedient  most  faith  full 
and  most  devoted  humble  servant 

EDWARD  HYDE. 

North  Carolina 

August  the  22nd  1711. 

I hope  Mr  Tobras  Knights  sent  over  by  this  .Fleet  who  was  Secretary 
here  may  be  admitted  to  give  such  proofs  before  vour  Lordships  as  he  is 
furnished  with  Coll : Cary  being  tooke  after  he  was  on  Board  and  so 
cannot  be  fully  prepar’d  as  otherwise  he  might,  and  which  I shall  take 
care  that  he  shall. 


[From  N.  C.  Lettkr  Hook.  S.  P.  G.] 


Mr  DENNIS  TO  THE  SECRETARY. 

Goose  Creek,  3 Sep‘  1711. 

Sir  : — 

I met  nothing  worthy  remark  till  I got  into  North  Carolina,  being 
the  26th,  which  is  distant  about  a hundred  and  some  odd  miles,  where  I 
found  the  people  all  in  confusion  and  disorder,  every  one  getting  their 


COLON  I A L RECORDS. 


793 


arms,  and  were  in  a readiness  to  go  down  to  a place  called  Pamplico  to  take 
one  Colonel  Cary  who  was  late  president,  and  had  got  the  Lords  money 
in  his  hands,  and  would  neither  lodge  it  in  the  Assembly’s  hands,  nor 
give  them  sufficient  security  for  the  indemnifying  the  people  from  the 
lords.  This  put  me  to  a stand  whether  I had  best  proceed  through  such 
a disorderly  country  as  I perceived  that  was,  or  else  to  go  back;  but,  de- 
siring God’s  protection  and  blessing,  I resolved  to  put  forward ; so  send- 
ing my  horses  and  guide  back,  I crossed  Roanoke  River,  and  then  was 
obliged  to  travel  six  miles  on  foot,  there  being  no  such  thing  as  a horse 
to  be  had  ; at  length  I got  one,  and  that  night  reached  Governor  Hyde’s, 
where  I found  abundance  of  men  in  arms.  I was  received  very  kindly, 
and  after  the  governor  had  perused  a letter  from  the  Honorable  Gover- 
nor Spotswood  of  Virginia  (which  was  in  my  behalf),  lie  told  me  he  was 
designed  to  Pamplico  the  morrow,  and  that  there  was  opportunity  for  my 
passage  for  South  Carolina.  The  next  day,  being  Monday  27th,  the 
governor,  with  about  eighty  men,  crossed  the  Sound  and  went  up  the 
river  Moretto  [Moratoc]  about  twelve  miles,  and  there  landed  his  men, 
which  were  there  increased  to  about  one  hundred  and  fifty,  but  left  his 
guns  there.  We  were  all  obliged  to  lie  in  the  woods  that  night,  and  the 
next  day  got  to  Pamplico  (otherwise  called  Hampton),  the  plaeg  where 
Colonel  Cary  lived;  but  he,  having  notice  of  our  coming,  made  his  escape 
to  a house  of  one  Colonel  Daniels,  which  was  a small  way  down  the 
river.  The  governor  did  not  think  tit  to  pursue  him  that  day,  but  on 
the  next,  went  down  with  his  men,  at  which  time  Colonel  Cary  had  for- 
tified the  house  with  five  pieces  of  cannon,  and  had  about  forty  men ; 
they  could  not  bring  him  to  any  terms  that  was  reasonable,  and  finding 
they  were  so  well  fortified,  marched  back  again  without  any  action. 
There  was  a young  gentleman,  a relation  of  Governor  Hyde,  killed  by 
accident.  June  the  1st,  the  governor,  with  his  men,  marched  tip  the 
country  again,  and  I remained  at  Hampton  waiting  for  mv  passage,  the 
vessel  being  not  then  ready;  during  mv  stay  here  1 lodged  at  one  Major 
Gale’s,  a very  civil  gentleman,  at  whose  house  the  people  met  each  Sun- 
day, where  a young  gentleman,  a lawyer,  was  appointed  to  read  prayers 
and  a sermon,  they  having  no  minister.  I understood  they  had  a gen- 
tleman sent  them  by  the  honorable  society,  but  he  could  not  live  among 
such  an  unaccountable  sort  of  people,  and  was  removed  up  in  the  coun- 
try. Colonel  Cary,  finding  the  governor  gone,  infused  into  the  people 
that  that  Assembly  was  not  duly  elected,  and  that  Governor  Hyde  was 
not  governor,  having  no  commission  sent  him,  and  therefore  he  could  not 
comply  with  their  demand;  and  one  Mr.  Roach,  a merchant,  which  are 
96 


794 


COLONIAL  RECORDS. 


proprietors,  backing  the  said  Colonel  Cary,  with  assuring  the  people  that 
Colonel  Hyde  was  not  designed  governor,  raised  the  affections  of  the 
people  toward  Colonel  Cary,  and  incensed  them  against  Governor  Hyde, 
Colonel  Pollock,  and  other  gentlemen  of  the  governor’s  council ; what 
the  end  will  be  I know  not,  being  obliged  away  from  this  place. 

My  reason  for  insisting  so  long  on  this  subject  is  to  let  you  see  partly 
the  management  of  this  country,  the  inconstancy  and  unaccountableness 
of  this  people,  who  are  of  such  a factious  temper,  that  they  are  ready  to 
follow  any  one  that  will  head  them,  let  the  design  be  what  it  will ; and 
all  is  purely  for  want  of  sense  and  reason.  I really  think  there  cannot 
be  a people  in  the  world  like  them  ; indeed  the  country  is  good,  pleasant, 
and  fruitful,  and  if  inhabited  with  honest  and  industrious  people,  would 
exceed  all  the  places  I have  yet  seen. 

Sir,  yours,  etc., 

BENJAMIN  DENNIS. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  13.  O.  91.] 


LORD  DARTMOUTH  TO  THE  BOARD  OF  TRADE. 


Whitehall  25th  September  1711. 

My  Lords  and  Gentlemen, 

Captain  Teate  Commander  of  her  Majesty’s  ship  the  Reserve,  now  in 
the  Downs,  having  acquainted  me  that  he  has  brought  five  Persons  from 
Virginia,  by  order  of  the  Lieutenant  Governor  of  that  Colony,  who  setts 
forth  in  the  Warrant  he  has  signed  for  taking  them  into  custody,  that 
they  had  raised  a rebellion  against  the  established  Government  of  North 
Carolina,  and  failing  in  their  attempts,  were  Hed  from  justice;  I am  to 
desire,  you  will  be  pleased  to  communicate  to  me  what  accounts  you  have 
received  of  this  matter,  particularly  in  relation  to  the  evidence  produced 
against  them  I am 

My  Lords  and  Gentlemen 

Your  most  humble  servant 

DARTMOUTH 


Council  of  Trade 


(Endorsed) 
Recd  26th  Septr  | 
Read  do : / 


1711 


/ 


COLONIAL  RECORDS. 


795 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  41.  p.  331.] 


LORDS  OF  TRADE  TO  THE  EARL  OF  DARTMOUTH. 

September  26th  1711. 

My  Lord, 

According  to  your  Lordships  desire  we  enclose  to  your  Lordship  the 
extract  of  a Letter  (we  received  yesterday)  from  Colonel  Spotswood  Lieu- 
tenant Governor  of  Virginia,  dated  the  25th  of  July  last,  relating  to  an 
Insurrection  in  North  Carolina,  as  also  copys  of  the  letters  and  addresses 
mentioned  by  Col1  Spotswood,  we  have  received  no  Affidavits  or  other 
Proofs  against  any  of  the  Persons  concerned  nor  is  then'  any  mention  in 
his  Letter  to  us  of  anv  Persons  being  sent  over  hither 
We  are 
My  Lord 
Your  Lordships 
most  humble  & 
obedient  servants 

PH:  MEADOWS. 

CHARLES  TURNER. 

ART:  MOORE. 

Whitehall. 

Sep1  26th  1711. 


LB.  P.  R.  O.  B.  T.  J.  22.  p.  437.] 


Whitehall-.  September  26th  1711. 

A letter  from  the  Earl  of  Dartmouth  of  the  25th  inst.  relating  to  five 
persons  being  brought  prisoners  from  Virginia  by  Capt.  Twite  Comman- 
der of  Her  Maj.  ship  the  Reserve  for  having  raised  a rebellion  in  North 
Carolina  Ac  & desiring  this  Board  to  communicate  to  his  Lordship  what 
accounts  they  may  have  received  of  that  matter  particularly  in  relation 
to  the  evidence  produced  against  the  said  persons  was  read  And  the  Sec- 
retary laid  before  their  Lordships  a letter  from  Col.  Spotswood  Lieut. 
Gov.  of  Virginia  dated  25th  July  last  paragraph  2 of  which  letter  giving 
an  account  of  the  said  Rebellion  was  also  read  as  likewise  the  papers  re- 
ferred to  therein  relating  to  the  same  Whereupon  a letter  to  the  Earl  of 
Dartmouth  inclosing  an  extract  of  Col.  Spotswood’s  letter  and  copies  of 
the  said  papers  was  signed. 


COLONIAL  RECORDS. 


7‘)« 


| B.  F.  K.  ().  B.  T.  Virginia.  Vol:  13.  O.  97.] 


To  his  Excellency  the  Palatin  and  Lords  Proprietors  of  Carolina 
The  humble  address  of  the  Present  General  Assembly  of  North  Carolina. 

We  being  at  this  time  by  God’s  gratious  assistance  met  to  perfect  so 
far  as  in  us  lyes,  the  recovery  of  this  your  Lordships  poor  Country  out 
of  a most  wretched  confusion.  Do  beg  leave  with  all  humility  to  lay  be- 
fore your  Lordships  the  present  state  thereof,  and  the  steps  that  have 
been  taken  towards  the  resetling  of  the  Government,  and  restoring  the 
necessary  Course  of  Justice  together  with  what  opposition  our  endeav- 
ours have  met  with : And  tho  we  are  under  a necessity  of  mentioning 
the  troubles  we  have  laboured  under  and  the  causes  of  them,  yet  we  are 
very  unwilling  to  enlarge  upon  that  ungrateful  subject  which  out  of 
charity  to  many  of  our  fellow  subjects,  who  have  been  unhappily  mislead 
and  imposed  upon,  we  had  rather  should  be  forever  buried  in  oblivion  : we 
therefore  think  it  at  this  time  sufficient  to  inform  your  Lordships 
that  some  restless  and  giddy  heads  among  the  people  called  Quakers 
persuing  their  wonted  practice  and  indefatigable  endeavours  to  oppose 
(we  may  rather  say)  to  extirpate  the  Church,  after  they  had  procured 
several  changes  in  the  Government  being  perhaps  encouraged  by  their 
former  success  did  in  the  year  1708  joyne  with  Coll:  Cary,  Mr  Porter 
and  Mr  Moseley  and  other  malecontents  and  some  persons  of  desperate 
fortune  at  Pamplico  raised  an  Insurrection  against  the  Government  then 
duely  established  by  a Commission  from  your  Lordships  and  to  which 
they  themselves  had  submitted,  and  having  by  force  and  other  sinister 
means  got  the  records  and  offices  into  their  hands,  they  set  up  an  arbi- 
trary Government  which  by  discords  amongst  themselves  soon  tell  piece- 
meal to  the  ground;  till  that  nothing  remained  but  confusion,  disorder 
and  oppression,  these  matters  may  it  please  your  Lordships  are  notorious 
and  need  no  proof,  the  disorders  being  increased  to  that  degree,  that  the 
continual  clamour  amongst  our  selves,  and  the  reproach  we  lay  under  in 
the  neighbouring  Colonies,  as  also  the  grievous  complaints  made  on 
behalf  of  the  Poor  Palatins,  put  all  who  had  any  sense  of  duty  either 
to  God  or  man  under  a necessity  of  seeding  some  remedy  for  these  detest- 
able evils  which  we  saw  were  very  likely  to  continue  another  year  The 
good  method  which  your  Lordships  iiad  taken  being  frustrated  by  the 
death  of  Colonel  Tynte,  and  the  Honoble  Edward  Hyde  Esqre  being 
arrived  here,  and  it  appearing  by  Letters  from  Coll"  Tynt  and  other  tes- 
timonys  that  he  was  appointed  by  vour  Lordships  to  be  our  Govr  we 


COLON  I A L RECORDS. 


797 


could  not  but  look  upon  him  to  be  the  most  proper  person  to  retrieve  u.s 
out  of  this  distress.  And  therefore  many  endeavours  were  made  to  put 
the  Government  into  his  hands  which  were  opposed  and  frustrated  by 
Coll0  Cary,  but  in  a little  time  Mr  Hyde’s  great  candour  and  graceful  I 
behaviour  so  far  prevail’d  with  the  best,  and  the  awefull  respect  to  his 
family  and  Interest  overawed  others  that  Coll0  Cary  found  himself  under 
a necessity  of  complying  or  being  deserted  by  all  those  that  yet  adher’d 
to  him,  whereupon  Mr  Hyde  was  unanimously  chosen  by  all  who  could 
pretend  to  have  a Suffrage  in  the  election,  upon  which  a Council  was 
called  to  appoint  Courts  of  Judicature  and  necessary  ministers  and  to 
call  an  Assembly,  to  which  Council  Collonel  Cary  and  Mr  Porter  were 
both  called  but  without  any  reason  refused  to  give  their  attendance,  on 
the  contrary  they  have  used  all  possible  and  most  malitious  and  odi- 
ous endeavours,  having  caused  the  records  and  Seal  to  be  detained  to 
obstruct  it  and  all  regullar  proceedings  and  to  overturn  the  Government 
and  introduce  the  former  confusion  and  miserys,  for  which  their  seditious 
practices  we  were  under  a necessity  to  bring  them  to  a Tryal  (the  account 
of  which  being  herewith  sent)  your  Lordships  will  be  thereby  further 
informed.  And  now  the  Government  to  the  general  satisfaction  of  all 
men  being  thus  put  into  some  order,  we  ernestlv  pray  your  Lordsp8 
favourable  construction  of  what  has  been  done  and  that  your  Lordships 
would  assent  to  these  Acts  we  have  herewith  sent:  And  whereas  in  the 
first  there  is  a provision  for  continuing  the  Government,  we  do  not 
therein  presume  to  give  Rules  to  your  Lordships  but  out  of  a deep  sense 
of  the  miserys  we  have  already  felt  to  prevent  the  like  until  1 your  Lord- 
ships  shall  according  to  your  great  wisdoms  appoint  a better  method 
being  verrily  persuaded  that  your  Lordships  have  not  been  informed 
of  the  want  of  such  a necessary  provision,  And  whereas  in  the  second 
Act  all  proceedings  during  these  two  years  last  past  are  made  void, 
which  however  it  may  seem  severe,  yet  we  found  it  necessary  because  of 
the  unheard  of  {regularities  and  unlawful  judgments  therein  past,  as 
appear  by  the  copvs  which  have  been  given  out  of  their  Courts,  which 
could  not  be  anywise  provided  for,  whilst  they  conceal  all  their  Journals 
and  Records.  That  an  inspection  cannot  be  made:  we  thought  it  better 
that  a few  should  be  compelled  to  bring  their  suits  over,  than  many  be 
concluded  under  unjust  judgment  and  vet  the  severity  is  not  so  great  as 
their  declaring  by  proclamation  all  proceedings  null  and  void,  that  had 
been  done  by  the  space  of  nine  months  before  they  usurped  the  Govern- 
ment without  any  exception,  tho  in  those  proceedings  they  could  not  chal- 
lenge one  Article;  and  having  laid  before  your  Lordships  this  short  but 


M 


798 


COLONIAL  RECORDS. 


true  account  of  our  present  condition  : we  in  most  humble  manner  beseech 
your  Lordships  to  take  this  poor  Country  into  your  consideration,  with- 
out any  dependance  on  the  other  part  of  your  Lordships  province,  by 
which  the  influence  of  your  Lordships  good  government  towards  us  have 
been  very  much  clouded.  And  that  you  would  continue  to  us  this  worthy 
Gentleman  who  has  been  so  happy  an  Instrument  of  peace  and  Recon- 
ciliation amongst  us;  and  that  you  would  remove  these  three  restless  In- 
cendiaries Col0  Cary,  Mr  Porter,  and  Mr  Moseley  from  having  any  share 
in  the  Government,  which  is  all  the  punishment  we  pray  may  be  inflicted 
for  many  crimes  and  misdemeanours  they  are  justly  chargeable  with,  we 
have  but  one  thing  more  to  lay  before  your  Lordsps  which  is  the  sale  and 
surveys  of  your  Lordships  Lands  concerning  which  the  complaints  are 
so  numerous  and  grevious,  and  all  the  accounts  we  have  yet  had  from 
either  Mr  Moseley  or  the  seeretarys  Office  so  short  and  unsatisfactory; 
that  no  certain  account  can  be  had  till  a careful  review  be  made;  thus 
much  only  is  certain  that  many  surveys  have  been  returned  for  Tracts  of 
land,  whereon  the  Surveyor  has  never  sett  his  foot,  we  hope  this  matter 
will  be  reduced  into  some  better  order  by  Mr  Lawson  who  as  he  has  been 
a very  zealous  promoter  of  the  settlement  of  this  Country  so  we  doubt 
not  but  he  will  be  serviceable  to  your  Lordships  in  this  office,  which  at 
this  time  needs  a skillfull  and  faithful  manager,  we  pray  leave  further  to 
supplicate  your  Lordships  on  behalf  of  several  of  the  new  Inhabitants 
who  have  imported  themselves  and  familys  at  a great  charge  into  this 
Government  during  these  Troubles,  upon  the  encouragement  given  of 
having  Land  by  purchase,  and  there  being  no  settled  Government,  was 
under  a necessity  of  settling  themselves  upon  any  Land  they  found 
vacant,  or  else  to  have  removed  themselves  into  some  other  Country  to 
their  great  disappointment  or  utter  mine,  we  hope  your  Lordships  will 
consider  their  case  and  give  order  that  they  may  have  their  lands  granted 
on  the  same  terms,  that  other  your  Lordships  grants  have,  who  had  the 
fortune  to  import  themselves  at  a happier  juncture. 

We  lastly  beg  your  Lordships  that  if  any  person  shall  malitiously 
make  any  other  representation  of  the  state  of  the  Country  and  Proceed- 
ings than  we  have  here  done,  that  your  Lordships  would  be  pleased  to 
suspend  your  belief  till  we  can  make  reply  assuring  your  Lordships  that 
we  have  had  no  other  end  than  the  doing  justice  to  all  men  and  settling- 
such  a peace  as  we  and  our  posterity  may  reap  the  benefit  of : in  grant- 
ing us  these  requests  we  shall  ever  be  in  duty  bound  to  acknowledge  your 


COLON r AL  RECORDS. 


799 


Lordships  justice  and  favour  towards  us,  and  we  the  subscriber  are  and 
shall  remain, 

Your  Lordships 

Most  humble  and  obedient  Tenants  and  Servants 

Wm  SWAN  speaker 
FRED  JONES 
Wm  BRAY 
BOB1  W ALLICE 
JAMES  COLES 
EDWARD  SMITH  WICK 
JOHN  JORDAN 
THO.  ROLFE 
THO.  LONG 
RICHd  TERRY 
THO.  LEE 
RICH1  STAMP 
FRAN:  DELAMERE 
JOHN  MUNCREF 
RICH  JASPER 
JOHN  BLUNT 
Wm  READ 

THO.  VANDORUMLEN 
LAY.  READING 
LEONARD  LA FT  IN 
EDWARD  BOYNER 


[B  P.  R.  O.  B.  T.  Virginia.  Vol.  13.  O.  97.] 


ACTS  PASS’D  IN  NORTH  CAROLINA  1711. 

An  Act  for  the  better  and  more  effectual  preserving  the  Queen’s  peace, 
and  the  establishing  a good  and  lasting  foundation  of  Government  in 
North  Carolina. 

Whereas  several  revolutions  have  heretofore  happened  in  this  Colony 
which  were  fomented  and  carried  on  by  factious  and  seditious  per- 
sons to  the  great  loss  and  Damage  of  the  Inhabitants  thereof,  and  to  the 
repeated  breaches  of  her  Majesty’s  peace  and  violation  of  the  Loyalty 
and  Obedience  due  from  Subjects  to  their  law  full  Sovereigns  and  Supe- 


EDWARD  HYDE 
W.  GLOVER 
THO  POLLOCK 
RICH  SANDERSON 
N CHEVIN 
THO  BOYD 


8U0 


COLONIAL  RECORDS. 


riors;  And  what  most  nearly  has  concerned  ns,  are  the  late  unhappy  dis- 
sentions  amongst  ourselves  in  this  Colony,  whereby  injustice  and  Oppres- 
sion took  place,  and  overspread  our  Colony,  our  Trade  decreased  and 
daily  differences  and  animosities  encreased  to  the  ruin  of  Religion  and 
our  Liberties  Since  which  time  it  hath  pleased  God  in  a great  measure, 
to  influence  us  with  a deep  Concern  of  our  Calamitys,  and  put  into  our 
hands  a power  and  resolution  of  removing  those  threatning  Evils  and 
Dangers,  and  for  the  future  to  procure  a happy  Kestauration  of  peace 
and  tranquility  amongst  us,  by  making  such  good  and  wholesome  Laws, 
whereby  Religion  and  virtue  may  flourish,  Our  duty  to  our  Prince  and 
Governors  be  putt  in  practice  and  maintained,  Our  Laws  Libertys  and 
Estates  preserved  and  Kept  unviolated,  and  justice  and  Trade  encour- 
aged. Wee  therefore  the  Commons  assembled  do  pray  that  it  may  be 
enacted  And  be  it  Enacted  by  his  Excellency  the  Palatin  and  Lords 
Proprietors,  by  and  with  the  advice  and  consent  of  this  present  General 
Assembly  and  the  authority  thereof,  and  it  is  hereby  Enacted,  that  any 
person  or  persons  whatsoever  who  shall  at  any  time  (after  the  date  hereof 
speak  any  seditious  words  or  speeches  or  spread  abroad  false  news,  write 
or  disperse  scurrilous  Libels  against  the  present  Govern4  now  lawfully 
established:  disturb  or  obstruct  any  lawful!  Officer  in  the  executing  his 
Office,  or  that  shall  instigate  others  to  Sedition  Caball  or  meet  together 
to  contrive  invent  suggest  or  incite  rebellions,  Conspiracys  Riotts  or  any 
manner  of  unlawfull  Feuds  or  differences  thereby  to  stir  up  against  or 
malitiously  to  contrive  the  Ruin  and  Disturbance  of  the  Queen’s  peace, 
and  of  the  safety  and  tranquility  of  this  Government,  the  said  person  or 
persons  so  offending  shall  and  are  to  be  reputed  as  utter  Enemys  to  the 
Queen’s  peace,  and  the  Welfare  and  good  of  this  Government,  and  shall 
be  punished  accordingly  by  fine,  imprisonment,  pillory  or  otherwise  at 
the  discretion  of  the  Justices  of  the  General  Court,  who  are  hereby  im- 
powered  to  heare  and  determine  the  same,  and  the  said  person  or  persons 
so  offending,  shall  be  compelled  to  give  good  and  sufficient  security 
for  his  or  their  good  behaviour  during  the  Courts  pleasure,  and  be 
incapable  of  bearing  any  office  or  place  of  Trust  within  this  Gov- 
ernment for  the  space  of  three  years  or  accordingly  as  the  Demeritt 
of  the  Crime,  shall  appear  before  the  Judges  thereof  and  if  any 
person  or  persons  shall  at  any  time  hereafter,  know  of  such  evill 
practices  as  aforesaid,  and  shall  conceal  the  same,  that  then  they  shall 
be  punished  in  the  same  manner  as  if  they  themselves  had  committed 
such  Crimes.  And  for  the  further  prevention  of  traiterous  Conspiracys 
and  Rebellions  against  her  sacred  Majesty  of  Great  Brittain  her  Crown 


COLONIAL  RECORDS. 


HOI 


and  dignity  and  the  better  to  distinguish  and  prevent  any  disaffected 
Ministers  or  Officers  either  Military  or  Civil  from  acting  or  being  toler- 
ated, commissionated  or  im powered  to  Act  in,  possess  or  hold  or  remain 
to  Act  bv  virtue  of  any  Commission  deputed  Commission  or  any  power 
whatsoever,  until  the  said  person  whosoever  he  be,  has  first  qualifyed 
himself  according  to  the  strictness  of  the  Laws  of  great  Brittain  now  in 
Force  And  be  it  enacted  by  the  authority  aforesaid  what  person  soever 
shall  act  in  any  place  of  profitt  or  trust  as  aforesaid,  without  being  so 
qualifyed  shall  forfeit  the  sum  of  one  hundred  pounds  to  be  recovered  by 
Action  of  Debt,  bill  plaint  or  information  in  any  Court  of  Record  within 
this  Province,  one  half  to  the  Governor  or  President  for  the  time  being 
for  the  support  of  the  Government  and  the  other  half  to  him  or  them 
that  shall  sue  for  the  same,  and  shall  forfeit  his  Right  to  the  same  place 
or  benefise  Provided  that  all  Military  Officers  may  take  the  oaths  in  or- 
der to  their  qualification  before  any  one  member  of  the  Council  or  of  the 
General  Court,  who  are  hereby  impowered  to  administer  the  same,  and 
give  them  Certificates  thereof,  and  moreover  what  person  or  persons  who 
hereafter  shall  equivocate,  alter,  add  to  or  diminish  any  word  or  Clause, 
of  the  Oaths  appointed  to  be  taken  by  Law,  shall  be  deemed  and  held 
guilty  of  forgery  and  high  Crimes,  and  shall  be  punished  accordingly; 
And  whereas  this  Province  is  annexed  to  and  declared  to  be  a Member  of 
the  Crown  of  England,  yet  notwithstanding  disputes  do  often  arise  con- 
cerning the  Laws  of  England,  how  far  they  are  in  force  in  this  Govern- 
ment: and  it  appearing  by  the  Charter  that  the  power  therein  granted  of 
making  Laws  are  limited  with  this  expression  Viz.  Provided  such  Laws 
be  consonant  to  reason,  and  as  near  as  may  be  agreeable  to  the  Laws  and 
Customs  of  Our  Kingdom  of  England,  from  whence  it  is  manifest  that 
the  Laws  of  England  are  the  Laws  of  this  Government,  so  far  as  they 
are  compatible  with  our  way  of  living  and  Trade,  Be  it  therefore  enacted 
by  the  authority  aforesaid,  and  it  is  hereby  Enacted  and  declared  that  the 
common  Law  is  and  shall  be  in  force  in  this  Government  except  such 
part  of  the  practice  in  the  issuing  out  and  return  of  Writts,  and  proceed- 
ings in  the  Court  of  Westminster  which  for  want  of  several  Officers,  can- 
not bo  put  in  execution,  which  ought  to  besupplved  by  Rules  of  the  Gen- 
enil  Court  of  this  Government,  being  first  approved  of  by  the  Governor 
in  Council  which  shall  be  good  in  Law  from  time  to  time  till  it  shall  be 
altered  by  Act  of  Assembly.  And  be  it  further  Enacted  and  declared  by 
the  Authority  aforesaid  that  all  statute  Laws  of  England  made  for  main- 
taining the  Queen’s  Royal  Prerogative  and  the  security  of  tier  royal  person 
and  succession  of  the  Crown,  and  all  such  Laws  made  for  the  Establishment 
97 


802 


COLONIAL  RECORDS. 


of  the  Church,  and  the  Laws'  made  for  granting  Indulgences  to  protest  ant 
dissenters,  and  all  I ^aws  providing  for  the  priviledge  of  the  people  and  se- 
curity of  trade,  as  also  statute  Laws  made  for  Limitation  of  Actions  and 
for  preventing  of  vexatious  Law  suites,  and  for  preventing  immorality 
and  frauds,  and  confirming  Inheritances  and  Titles  of  land  are  and  shall 
be  in  force  here,  altho  this  province  or  the  plantations  in  general  are  not 
therein  named.  And  because  that  it  has  always  happened  that  upon  va- 
cancy of  the  Government  seditious  and  evil  minded  persons  have  taken 
occasion  to  dispute  the  authority  of  the  succeeding  Governor  or  president 
howsoever  elected  or  qualified  for  want  of  certain  rules  being  laid  down 
and  approved  of  by  the  Lords  Proprietors,  Wee  pray  therefore  that  it 
may  be  enacted,  and  be  it  enacted  by  the  authority  aforesaid  that  in  case 
of  any  such  vacancy  the  eldest  Lords  Proprietors  deputy  shall  summon 
the  rest  of  the  Deputys  with  all  convenient  speed  to  meet  at  the  usual 
place  for  the  Councils  meeting  and  there  they  or  the  major  part  of  them 
that  meet  shall  chuse  a President  And  in  case  of  an  equality  of  votes 
the  voice  of  the  Elder  Councilour  shall  have  preference  and  if  it  shall 
happen  that  the  Eldest  Couueillour  shall  refuse  to  summon  the  rest  of 
the  Deputys  as  aforesaid  within  ten  days  after  notice  of  such  vacancy, 
then  the  next  eldest  Councillour  shall  summon  as  aforesaid.  And  be  it 
further  enacted  that  in  case  of  the  vacancy  of  any  Lords  Proprietors 
deputy  the  Governor  or  President  in  time  being  with  the  consent  of  the 
major  part  of  the  deputys  then  being,  shall  chuse  one  to  supply  that 
vacancy  till  that  proprietor  shall  signify  his  pleasure  to  the  contrary,  and 
if  any  of  the  Lords  Proprietors  deputy  shall  at  any  time  neglect  to  refuse 
to  give  their  attendance  being  cited  thereto,  the  act  or  acts  of  the  remain- 
ing deputy  shall  be  good  and  valid  in  the  Law  to  all  intents  and  pur- 
poses. And  be  it  further  enacted  bv  the  authority  aforesaid  that  in  case 
of  extraordinary  occasion,  if  the  Governor,  deputy  Governor  or  Presi- 
dent for  the  time  being  shall  depart  the  Government,  and  shall  first  de- 
clare the  cause  of  his  departure  in  Council,  his  absence  not  exceeding  six 
months  shall  not  be  deemed  a vacancy,  but  the  eldest  Councillor  shall 
preside  in  Council  1 during  his  absence 

EDWARD  HYDE 
W.  GLOVER 
THO: POLLOCK 
RICHd  SANDERSON 
N.  CHEA7IN 
* THO.  BOYD. 

Wm  SWAN  speaker. 


COLONIAL  RECORDS. 


80.3 


|"B.  P.  R.  O.  B.  T.  Virginia.  Vol.  13.  O.  97. — Continued.] 


ACTS  PASSED  IN  NORTH  CAROLINA  1711 

An  Act  entitled  an  Act  for  redressing  several  grievances,  abuses  and  ille- 
gal proceedings  whereby  the  poor  Inhabitants  have  been  wronged  as 
well  in  their  Titles  of  Land,  as  in  the  payments  of  certain  sums  of 
money  extorted  from  them  without  sufficient  acquittances. 

Whereas  many  of  the  poor  Inhabitants  of  this  Government  have 
greviously  complained  that  Coll.  Thomas  Cary  pretending  a power  to 
dispose  of  the  Lords  proprietors  Lands  and  to  receive  the  moneys  for 
the  consideration  of  the  same,  have  upon  that  pretext  received  and  taken 
securities  for  several  sums  of  money  of  the  Inhabitants  of  this  Govern- 
ment as  the  consideration  of  several  Tracts  of  land  by  them  purchased 
according  to  the  Instructions,  Rules  and  Ordinances  made  by  authority 
from  the  Lords  Proprietors  upon  Record  in  this  Government,  and  for 
several  fees  and  charges  thereon  accruing  ; Yet  many  of  them  the  said 
Inhabitants  have  not  their  Titles  to  their  respective  Tracts  of  Land 
made  and  executed  according  to  the  true  intent  and  meaning  of  the  said 
Instructions:  And  whereas  his  Excellency  the  Lord  Palatin  and  Lords 
Proprietors  have  bv  their  Instructions  appropriated  the  money  ariseing 
and  becoming  due  to  them  for  the  relief  of  the  poor  Palatines  lately 
transported  into  this  Government  by  the  Honoble  Christ0  Baron  de  Graf- 
fcnreid,  Wee  therefore  the  Commons  assembled  do  pray  that  it  lie  enacted 
and  be  it  enacted  by  his  Excellency  the  Palatin  and  Lords  proprietors 
by  and  with  the  advice  and  consent  of  this  present  General  Assembly 
and  the  authority  thereof  And  it  is  hereby  enacted  that  the  said  Coll: 
Thomas  Cary  shall  within  two  months  next  after  the  publication  hereof 
appear  before  the  President  and  Council  or  Commissioners  bv  them 
thereunto  appointed,  and  deliver  up  all  such  bills,  obligations  or  other 
seen ri tvs  by  him  taken  as  aforesaid  And  make  payment  of  all  such  sum 
or  sums  of  money  which  he  hath  received  on  behalf  of  the  Lords  Pro- 
prietors as  aforesaid,  that  so  the  people  may  be  saved  harmless  from  any 
further  claim  to  be  made  for  the  same  And  the  Titles  of  their  land  may 
be  secured,  and  that  the  said  poor  palatins  may  be  supplyd  therewith 
according  to  the  said  Instructions.  And  be  it  enacted  by  the  authority 
aforesaid  that  in  case  the  said  Coll:  Thomas  Carv  shall  refuse  or  neglect 
to  appear  and  deliver  up  the  said  Bills  or  other  security s and  make  pay- 


COLONIAL  RECORDS. 


804 


incut  as  aforesaid,  That  then  and  in  such  cases  the  same  shall  he  levy’d 
upon  his  good  and  ehattells,  Lands  and  Tenements,  Rights  and  Credits 
l>y  distress  and  sale,  by  warrant  from  the  Honoble  the  President  directed 
to  the  provost  Marshal  of  the  several  Counties  or  their  depntys.  And 
it  is  further  enacted  by  the  authority  aforesaid  that  no  alienation  assign- 
ment, bargain,  or  sale,  made  after  the  publication  of  this  Act  shall  he  of 
any  effect  or  pleadable  against  the  execution  of  this  Act,  and  for  the  better 
discovery  of  what  sum  or  sums  of  money  are  in  the  hands  of  the  said 
'Thomas  Cary  (the  Land  Office  with  all  hooks,  records  and  papers  there- 
unto belonging  being  feloniofisly  detained  or  otherwise  imbeziled  by  Mr 
Em11  Low)  so  that  a true  account  thereof  cannot  be  had.  Be  it  further 
enacted  by  the  authority  aforesaid  that  all  persons  holding  or  claiming 
any  Tracts  of  Land  by  purchase  shall  within  two  months  after  publica- 
tion hereof  give  just  account  upon  Oath  what  Land  they  hold  or  lay 
claim  to,  to  the  persons  hereafter  named  that  is  to  say  in  the  precinct  of 
Chowan  to  the  HonobIe  Coll:  Thomas  Pollock  in  the  precinct  of  Pequi- 
mons  to  the  Honoble  Wm  Glover  in  the  precinct  of  Pasquotank  to  the 
Honoble  Nathaniel  Chevin  in  the  precinct  of  Curratuck  to  the  Honoble 
Richd  Sanderson  Esqre  in  the  precinct  of  Paniplico  to  Mr  Joel  Martin  in 
the  precinct  of  Wickham  to  Mr  John  Jordan  in  the  precinct  of  Archdale 
to  Capt:  Lyonell  Reading  and  Capt:  William  Brice  upon  penalty  of  be- 
ing deprived  of  all  benefit  of  this  Act  and  forfeiting  to  the  true  and  abso- 
lute Lords  proprietors  of  this  province  the  summ  often  pounds  to  be  re- 
covered by  action  of  debt  in  the  General  Court  wherein  no  Essoign  pro- 
tection or  wager  of  Law  shall  be  allowed  And  whereas  grievous  com- 
plaint have  been  made  that  Mr  Edward  Moseley  hath  taken  upon  him 
to  set  out  and  survey  the  Lords  proprietors  Lands  without  due  Entry 
made  or  lawfull  authority  for  the  same,  and  thereiu  have  not  proceeded 
according  to  the  Rules  and  Instructions  in  that  case  provided,  so  that 
many  illegal  imperfect  and  irregular  Surveys  have  been  made  and  sev- 
eral sums  of  money  have  been  unlawfully  extorted,  from  several  of  the 
Inhabitants  upon  pretence  of  Fees  and  assignment  of  rights  to  the  great 
wrong  of  the  Lords  proprietors  and  loss  and  damage  of  the  people  for 
remedy  whereof  Be  it  enacted  by  the  authority  aforesaid  that  the  said 
Edward  Moseley  shall  within  forty  days  after  publication  of  this  Act 
give  Bond  with  good  security  in  the  sum  of  five  hundred  pounds  to  the 
Honoble  Edward  Ilyde  Esqre  who  is  hereby  appointed  Trustee  on  behalf' 
of  the  people  with  condition  that  the  said  Edward  Moseley  shall  pay 
back  and  refund  unto  the  respective  persons  all  such  sum  or  sums  of 
monv  and  deliver  up  all  such  Bills  or  specialtys  as  he  hath  received  for 


( iOLONIA  L RECORDS. 


805 


secui'ity  upon  pretence  of  fees,  or  composition  for  assignment  of  Rights 
where  it  shall  appear  that  his  survey  or  returne  hath  been  imperfect, 
irregular,  deficient  or  not  warrantable  by  the  rules  in  that  case  provided, 
or  where  rights  had  been  assigned  to  him  without  due  authority  for  the 
same  which  shall  be  adjudged  of  bv  the  Governor  or  president  and  coun- 
cil, which  money  so  received  back  on  account  of  fees  shall  go  to  the  sur- 
veyor General  for  the  time  being  who  shall  hereby  be  obliged  to  make 
due  and  regular  returns  of  the  same,  and  all  such  mony  so  recovered  as 
aforesaid  upon  the  account  of  composition  for  rights  shall  go  to  the  Gov- 
ernor deputy  Governor  or  President  for  the  time  being  And  be  it  further 
enacted  by  the  authority  aforesaid  that  in  case  the  said  Edward 
Moseley  shall  neglect  or  refuse  to  appear  to  give  security  as  aforesaid 
within  the  time  aforesaid  that  then  and  in  such  case  all  such  Bills  or 
other  specialty's  by  him  taken  as  aforesaid  shall  be  utterly  null  and  void 
in  the  Law  to  all  intents  and  purposes  as  if  the  same  had  never  been 
made,  and  all  such  sum  or  sums  of  money  as  aforesaid  by  him  received 
shall  be  recovered  back  by  an  action  of  debt  at  the  suit  of  the  party 
aggrieved  in  the  general  Court  of  this  province  wherein  no  essoign  pro- 
tection or  wager  of  Law  shall  be  allowed:  and  where  any  person  or 
persons  shall  have  the  trouble  of  suing  for  monv  already  paid,  the  said 
persons  shall  have  double  costs  and  damages  allowed  by  him  the  said 
Edward  Moseley  (Provided  always  that  any  irregularity  deceit  or  un- 
warrantable action  of  the  said  Edward  Moseley  or  any  person  bv  him 
employed,  shall  not  in  anywise  prejudice  the  persons  claiming  the  land, 
but  the  right  and  claim  of  every  person  upon  due  and  regullar  return, 
shall  stand  and  be  firm  and  good  in  law,  as  if  the  same  had  perfectly  and 
warrantable  been  done  and  performed  And  whereas  from  and  after  the 
24th  day  of  July  in  the  year  1708  the  Government  was  unlawfully 
usurped,  the  course  of  Justice  subverted,  and  an  arbitrary  power  set  up 
by  which  several  sums  of  mom  have  unlawfully  been  levyed  upon  the 
people  her  Majesties’  subjects  imprison’d  and  unjust  judgements  given 
and  execution  thereon  had  and  obtained.  Be  it  therefore  enacted  by  the 
authority  aforesaid  that  all  suits,  judgements  proceedings  and  Lews 
made  from  and  after  the  day  aforesaid  untill  the  two  and  twentieth  day 
of  January  last  past  shall  and  arc  hereby  declared  to  be  null  and  void : 
and  where  executions  have  been  had  out  of  any  pretended  Court  or 
Courts,  a writt  of  restitution  shall  issue  out  at  the  suit  of  the  party  ag- 
grieved which  shall  be  signed  by  the  Clerk  of  the  ( 'ourt  wherein  such  judge- 
ment was  obtained,  whereof  the  pretended  Court  shall  be  evidence,  Pro- 
vided that  restitution  for  any  sum  levved  upon  pretence  of  puhlick 


COLONIAL  RECORDS. 


800 


charge,  shall  be  made  as  hereafter  shall  be  appointed  by  Aet  of  Assembly, 
Provided  also  that  this  Act  shall  not  barr  any  person  that  hath  made 
suit  within  the  time  before  mentioned  but  that  his  right  of  Action  shall 
remain  to  him,  as  if  such  suit  had  not  before  been  made,  Provided  also 
that  this  Aet  nor  any  part  thereof  shall  extend  to  Marriages  probats  of 
Wills,  Letters  of  Administration,  Conveyances  and  sales  of  Land  amongst 
ourselves,  proving  of  Rights,  Contracts  and  Bargains 

EDWARD  HYDE 
W.  GLOVER 
THO.  POLLOCK 
RICH.  SANDERSON 
N.  CHEVIN 
THO.  BOYD 

W”  SWAN  speaker. 


[B.  P.  R.  O.  Am:  & VV.  Ind:  Vox,.  22.  p.  1.] 


May  it  please  your  Lordships, 

Whereas  Coll:  Thomas  Cary  Levy  Truwhit,  Challingwood  Ward, 
George  Lumley  and  Edmond  Porter  are  at  the  earnest  request  of  us  the 
president  and  Council  of  North  Carolina  apprehended  in  her  Majesty’s 
Collony  of  Virginia  by  order  of  the  Honble  Alexander  Spotswood  Esq” 
Lieutenant  Governor  thereof  and  by  him  comitted  to  a hearing. 

Wee  in  most  humble  manner  pray  leave  to  informe  your  Lordship  that 
at  a Generali  Assembly  liolden  for  this  Collony  in  March  last  the  said 
Coll:  Thomas  Cary  and  John  Porter  Esqre  were  im  peat  bed  of  high  crimes 
and  misdemeanours  and  were  thereupon  committed  to  the  Custody  of  the 
Provost  Marshall  from  whom  they  made  their  escape  and  to  protect  them- 
selves from  Justice  did  confederate  with  the  abovenamed  Levy  Truwhit, 
Challingwood  Ward,  George  Lumley,  Edmond  Porter  and  with  one 
Richard  Roath  and  severall  other  desperate  and  evil  minded  persons  as 
also  with  Emanuel  Low,  Gabriel  Newbv  and  many  other  of  the  people 
called  Quakers  and  raised  an  insurrection  against  the  lawfull  Authority 
of  the  Lords  Proprietors  of  North  Carolina  and  against  the  peace  and 
soveraign  Dominion  of  our  Soveraign  Lady  the  Queen  and  to  carry  on 
their  rebellious  purposes  have  endeavoured  by  promises  of  reward  to 
draw  into  their  conspiracy  the  neighbouring  Indians  by  them  to  cut  oft' 
all  such  of  her  majesty’s  subjects  as  should  oppose  their  lawless  proceed- 
ings, and  did  man  and  fit  out  with  great  Guns  and  small  Arms  and  other 
warlike  Stores  two  vessels  and  in  them  did  sail  in  warlike  manner  with  a 


COLONIAL  RECORDS. 


807 


flag  on  the  main  mast  head  to  the  great  Termin'  of  the  Inhabitants  and 
severall  Robberys  and  other  Injurys  did  commit  and  in  one  of  the  said 
vessels  did  make  an  assault  upon  us  the  president  and  Council  at  the 
house  of  Coll:  Thomas  Pollock  (of  the  said  Council)  in  the  Precinct  of 
Chowan  who  there  endeavoured  to  keep  the  Peace  of  our  Soveraign  Lady 
the  Queen  and  maintain  the  authority  of  the  his  Excellency  the  Pallatine 
and  Lords  Proprietors  from  whence  being  by  Gods  assistance  repelled 
they  fled  till  they  were  apprehended  as  above  said,  wherefore  we  humbly 
crave  leave  in  such  time  and  manner  as  your  Lordships  shall  think  lit 
most  necessary  to  produce  our  evidence  against  the  said  Coll:  Thomas 
Cary,  Levy  Truwhit,  Challingwood  Ward  Geo:  Lumley  and  Edmund 
Porter  who  were  committed  and  sent  prisoners  to  England  before  we  had 
this  last  notice  of  it,  by  which  we  were  deprived  of  sending  our  evidence 
at  the  same  time  with  him,  for  the  making  good  our  charge  against  the 
said  Coll:  Thomas  Cary  and  the  rest  committed  with  him  for  which  wee 
humbly  hope  considering  the  nature  of  their  offences  we  may  have  suffi- 
cient time  allowed  us  for  the  doing  of  it  wherein  we  do  not  doubt  but  to 
make  out  full  proofs  of  whatever  we  shall  accuse  them  with. 

We  are  not  out  of  hope  of  your  Lordships  great  candour  in  this  affair 
by  which  we  may  fully  expect  to  see  Law  and  Justice  once  more  restored 
to  her  Majesty’s  subjects  and  this  poor  country  that  for  near  three  years 
last  past  has  by  those  rebellions  been  dispossessed  of  all.  And  consider- 
ing this  Country  is  entirely  impoverished  by  those  unhappy  commotions 
wee  should  look  upon  it  an  Act  of  the  greatest  compassion  towards  us,  if 
a commission  could  be  obtained  to  be  sent  into  Virginia,  to  try  the  Crim- 
inals as  well  those  sent  to  England  as  those  that  remain  in  Custody  here 
to  prevent  that  charge  which  would  near  complete  the  ruin  of  our  Col- 
ony. Wee  are  in  all  obedience 

vour  Lordships  most  Dutifull 

and  most  obedient  humble  servants 
EDWARD  HYDE 

THO:  POLLOCK  GRAFFENRIEI) 

THO:  BOYD 

N.  CHEVIN  \Y.  GLOVER. 

Wee  Ix’g  leave  if  John  Porter 
be  fled  to  England  (as  tis  bv 
all  here  concluded)  that  your 
Lordship  would  please  to  give 
orders  that  he  may  be  appre- 
hended. 


sox 


COLONIAL  RECORDS. 


[15.  I’.  H.  <).  F5.  T.  Virginia.  Vol.  58 — Extracts. | 


JOURNAL  OF  VA.  COUNCIL. 

X.  ( )<tober  1711. 

Whereas  some  of  the  Towns  of  the  Tuscaruro  an<l  other  Indians  on 
the  Frontier  of  North  Carolina  did  on  the  22d  of  last  month  committ  a 
barbarous  massacre  on  Her  Majesty’s  subjects  of  that  Province  and  still 
continue  to  make  war  against  that  Government.  To  the  end  therefore  that 
the  said  Indians  may  be  deprived  of  the  means  to  prosecute  their  bar- 
baritys  upon  Her  Majesty’s  subjects  The  Governor  with  the  advice  of 
Her  Majesty’s  Council  doth  hereby  strictly  prohibit®  and  forbid  all  per- 
sons within  this  Colony  to  trade  or  traffique  with  the  said  Tuscaruro  or 
any  other  Indians  for  any  sort  of  Commodity  until  1 further  order  Certi- 
fying such  as  shall  act  contrary  hereunto  that  they  shall  be  prosecuted 
with  the  utmost  severity.  And  the  sherifs  of  the  several  Couutys  are 
required  forthwith  to  signify  this  order  to  the  respective  Indian  Traders, 
and  to  publish  the  same  at  the  Courthouse  and  in  all  Churches  and  Chap- 
pells in  their  said  Countys. 

Resolved  and  accordingly  ordered 

That  for  the  better  securing  the  Peace  and  tranquility  of  this  Govern- 
ment and  preventing  the  further  incursion  of  the  Indians  Mr  Peter  Poy- 
thres  be  forthwith  dispatched  to  such  of  the  Tuscaruro  Towns  as  refused 
to  join  with  the  rest  of  their  Nation  in  the  late  massacre  requiring  them 
to  send  Deputys  to  meet  the  Governor  at  the  Nottoway  Town  on  the  17th 
of  this  month  to  treat  of  a peace  with  Her  Majesty’s  subjects  of  this  and 
the  neighbouring  Colonys and  plantations : and  for  the  better  inducing  them 
to  this  Treaty  that  the  said  Mr  Poythres  acquaint  them  that  no  Trade  will  be 
allowed  them  from  hence  till  the  said  Peace  be  concluded  And  that  he  also 
assure  them  of  a safe  conduct  for  their  coming  in  and  returning  and 
for  that  purpose  a guard  shall  be  sent  to  meet  them  at  the  Saponietown. 
That  forasmuch  as  the  Baron  de  Graffenried  Chief  of  the  Swiss  and 
Palatine  settlement  in  Carolina  did  unfortunately  fall  into  the  hands  of 
the  Indians  some  days  before  the  Massacre  is  detained  a prisoner  and  his 
life  in  imminent  danger  It  is  ordered  that  a Message  be  also  sent  to  the 
Town  where  he  is  to  demand  that  he  and  any  other  of  the  Inhabitants  of 
Carolina  prisoners  among  them  he  delivered  up  to  this  Government  a> 
Her  Majesty’s  subjects  and  to  threaten  them  that  if  any  violence  be  of- 
fered to  the  said  prisoners  this  Government  will  revenge  it  upon  the 
whole  Town  or  nation  that  shall  be  found  guilty. 


COLONIAL  RECOUPS. 


SO!) 


That  since  the  making  a shew  of  some  part  of  the  strength  and  force 
of  this  Colony  may  he  very  necessary  to  awe  the  said  Tusearuro  Indians 
not  only  to  continue  in  peace  with  ns,  but  also  to  join  with  us  in  the 
destruction  of  those  Assassins  It  is  ordered  that  the  whole  Militia  of  the 
Countys  of  the  Isle  of  Wight,  Surry  and  Prince  George  be  drawn  to- 
gether under  arms  at  the  Nottoway  Town  with  six  days  provisions  against 
the  time  the  said  Tuscaruros  are  expected  there. 

Pursuant  to  the  above  Resolutions  the  Messages  to  the  Tusearuro 
Indians  to  be  sent  by  Mr  Povthres  and  also  the  orders  to  the  command- 
ing Officers  of  the  Militia  were  prepared  and  signed  by  the  Governor  in 
Council. 

15  ( )ctobcr  1711. 

The  proceedings  of  the  last  Council  held  at  Major  Nathaniel  Harri- 
son’s were  this  day  read  at  the  Hoard  and  approved  as  the  best  means  to 
answer  the  ends  proposed  therein  for  obtaining  satisfaction  for  the  late 
Massacre  committed  in  Carolina.  This  Board  taking  into  consideration 
what  terms  may  be  most  proper  to  be  insisted  on  at  the  Conference  with 
the  Tusearuro  Indians  in  order  to  obtain  a just  satisfaction  for  the  mur- 
ders committed  by  some  of  their  Nation  and  other  Indians  in  the  Prov- 
ince of  Carolina  came  to  the  following  resolutions. 

That  the  engaging  the  said  Tuscaruros  to  carry  on  a war  by  them- 
selves against  the  Nations  concerned  in  the  late  Massacre  will  be  most 
for  the  ease  of  Her  Majesty’s  subjects  of  this  Colony  and  that  therefore 
all  possible  endeavours  be  used  for  that  purpose  by  promising  them  such 
suitable  rewards  as  the  Governor  can  persuade  them  to  accept  for  the 
head  of  each  man  of  the  Indian  Enemy  which  they  shall  kill  and  bring 
in  and  also  for  each  woman  and  child  taken  prisoner  and  delivered  here. 
And  for  the  better  attaining  this  and  that  the  Governor  enter  into  an 
Alliance  with  them  both  offensive  and  defensive  if  they  desire  it,  not 
doubting  but  the  general  Assembly  will  enable  the  Government  to  make 
good  all  such  enoa<>emonts. 

That  if  the  said  Indians  shall  not  be  willing  to  carry  on  a war  by 
themselves,  that  then  it  is  necessary  to  insist  on  their  acting  in  conjunc- 
tion with  this  Government  and  Carolina  in  the  prosecution  of  the  said 
War,  and  that  Hostages  be  demanded  of  them  for  their  Fidelity. 

That  if  the  said  Indians  shall  not  agree  to  either  of  the  terms  above 
proposed,  but  pretend  to  stand  neuter  the  like  Hostages  be  forthwith 
demanded  of  them  to  be  delivered  with  all  possible  speed. 

That  in  case  the  said  Tuscaruros  shall  fail  to  come  in  according  to  the 
Governor’s  appointment  such  a detachment  of  the  Militia  of  the  nearest 
98 


Kill 


COLONIAL  RECORDS. 


adjacent  Countys  as  the  Governor  shall  think  fitt  to  be  forthwith  sent  to 
the  Tnsearuro  Towns  to  require  them  immediately  to  attend  the  Gov- 
ernor and  to  bring  with  them  Hostages  for  their  Fidelity  in  ease  they 
continue  in  peace  with  this  Governm1 

For  the  better  protection  of  the  Inhabitants  of  this  Colony  against  the 
incursions  of  Indians  it  is  ordered  that  ten  men  and  an  officer  out  of  each 
of  the  Frontier  Countys  be  appointed  to  range  three  days  in  a week 
above  the  Inhabitants,  and  that  the  said  party  be  from  time  to  time 
relieved  by  a like  number  with  power  to  the  Commanding  Officer  of  the 
Militia  of  the  said  respective  Countys  to  augment  the  number  of  the  said 
Rangers,  as  the  cause  of  Danger  shall  require 


[K.  P.  K.  O.  B.  T.  Virginia.  Von.  13.  O.  104.] 


COLONEL  SPOTSWOOD  TO  THE  BOARD  OF  TRADE 

15th  October  1711 

My  Lords, 

After  what  I writt  to  your  Lordships  the  28u“  of  July  last  of  the  suc- 
cess of  my  endeavours  in  quieting  the  Commotions  in  North  Carolina, 
I was  in  hopes  I should  not  have  had  occasion  to  trouble  your  Lord- 
ships  again,  with  the  affairs  of  that  unhappy  Country;  but  a more  dis- 
mall and  unexpected  accident  happening  there  lately  I think  it  my  duty 
to  give  your  Lordships  the  following  account  of  it  together  with  my  pro- 
ceed i i lgs  thereu pon . 

On  the  22d  of  last  month  some  Towns  of  the  Tnsearuro  Indians,  and 
other  nations  bordering  on  Carolina  made  an  Incursion  upon  the  head  of 
Neuse  and  Pamplico  Rivers  in  that  Province,  without  any  previous 
Declaration  of  War,  or  show  of  Discontent,  and  having  divided  them- 
selves into  Partys,  at  sun  rise  (which  was  their  signal)  begun  a barbrous 
massacre,  on  the  inhabitants  of  the  Frontier  plantations,  killing  without 
distinction  of  age  or  sex  about  sixty  English,  and  upwards  of  that  num- 
ber of  Swiss  and  Palatines,  besides  a great  many  left  dangerously 
wounded : the  Baron  de  Graffenried  Chief  of  the  Swiss  and  Palatine  set- 
tlement there  is  also  fallen  into  their  hands,  and  carry’d  away  prisoner; 
since  which  they  have  continued  their  ravages,  in  burning  those  planta- 
tions, and  others  deserted  by  the  Inhabitants  for  fear  of  the  like  cruelty’s. 
The  Governor  Mr  Hyde  has  raised  what  men  he  can,  to  oppose  the  further 


COLONIAL  RECORDS. 


si  1 


invasion  of  the  Heathen  and  protect  the  rest  of  the  Country : but  that 
spirit  of  disobedience  to  which  they  have  been  long  accustomed  still  pre- 
vails so  much  that  he  can  hardly  persuade  them  to  unite  for  their  com- 
mon safety.  I will  not  affirm  that  the  invitation  given  those  Savages, 
some  time  ago  by  Col0  Cary  and  his  Party,  to  cutt  off  their  fellow  sub- 
jects (tho  that  heavy  charge  is  proved  by  divers  testimonys  and  firmly 
belief*^  in  Carolina)  has  been  the  only  occasion  of  this  Tragedy,  yet  it 
appears  very  reasonable  to  believe  that  the  Indians  have  been  greatly  en- 
couraged in  this  attempt,  by  the  unnatural  Divisions  and  Animositys 
among  the  Inhabitants,  and  I very  much  fear  their  mutinous  and  cowardly 
behaviour  in  some  late  skirmishes,  will  embolden  the  Indians  to  continue 
their  insoleneies. 

Upon  the  first  Advice  of  this  unhappy  event  I sent  out  Detachments 
of  our  Militia  to  prevent  our  Tributary  Indians  from  joining  with  those 
Savages,  and  understanding  that  the  greater  part  of  the  Tusearuros  had 
refused  to  be  concerned  with  the  rest  of  their  Nation  in  this  bloody  exe- 
cution, I have  sent  to  them  and  the  other  neighbouring  Indians  to  moot 
me  next  week  on  our  Frontiers,  in  order  to  a Treaty,  and  as  they  stand 
in  some  awe  of  this  Government,  both  from  the  opinion  they  have  of 
our  strength,  and  their  apprehensions  of  the  loss  of  our  Trade  upon  a 
Rupture  I hope  at  this  Conference  to  work  so  far  on  their  fears  and 
interest  as  at  least  to  preserve  their  friendship,  if  not  to  engage  their 
assistance  for  the  destruction  of  those  Assassins  There  is  very  little  temp- 
tation for  any  man  to  enter  upon  an  Indian  war,  nor  much  however  to 
be  got  bv  encountering  a people,  more  like  wild  beasts  than  men:  but  if 
war  be  the  only  means  left  us  to  secure  her  Majesty’s  people  and  Terri- 
torys  from  the  Heathen,  I don’t  doubt  but  our  Assembly  (which  is  to 
meet  the  7th  of  the  next  month)  will  take  such  Resolutions  as  become 
them  to  provide  for  the  effectual  prosecution  of  it.  But  whatever  Air  I 
may  give  the  matter  to  the  Indians,  I must  not  conceal  from  your  Lords1'* 
the  incapacity  of  this  Country  for  an  offensive  or  defensive  war.  Our 
Militia  are  in  a manner  wholly  destitute  of  Ammunition,  and  as  ill  pro- 
vided with  arms  that  are  usefull,  and  unless  her  Majesty  will  be  pleased 
to  send  in  a supply  of  both  to  be  ready  against  an  emergency,  I fear  I 
shall  not  be  able  to  sustain  any  considerable  attack  of  an  Enemy. 

Upon  the  apprehensions  we  had  this  summer  of  the  French  squadron 
(which  is  said  to  be  now  in  the  W est  Indies)  I made  a shift  to  raise  four 
Forts,  and  run  some  Lines  for  the  defence  of  our  chief  rivet's,  and  to 
mount  about  70  pieces  of  Canon  not  finding  at  my  arrival  such  a thing 
as  either  Parapet,  Pallisade  or  one  single  piece  of  Ordnance  mounted 


812 


COLONIAL  RECORDS. 


throughout  the  whole  Government.  1 endeavoured  to  make  our  last 
Assembly  sensible  of  the  naked  Condition  of  their  Country,  but  the  ex- 
pence appearing  to  them  then,  much  more  immediate  than  the  Danger, 
they  were  easily  influenced  by  their  low  circumstances  to  deferr  the  con- 
sideration thereof  however  I prevailed  on  them  to  revive  in  the  mean 
while  a former  Law  made  for  the  defence  of  the  country  in  timesof  dan- 
ger, and  by  virtue  of  that  Law  I have  carryed  on  the  above  mdrwonod 
works  during  the  late  alarm  ; Notwithstanding  I have  been  mightily  eni- 
barassed  by  a sett  of  Quakers,  who  broach  doctrines  so  monstrous  as 
their  brethren  in  England  have  never  own’d,  nor  indeed  can  be  suffered 
in  any  Government,  they  have  not  only  refused  to  work  themselves,  or 
suffer  any  of  their  servants  to  be  i in  ployed,  in  the  Fortifications,  but 
affirm,  that  their  consciences  will  not  permit!  them  to  contribute  in  any 
manner  of  way  to  the  defence  of  the  Country,  even  so  much  as  trusting 
the  Government  for  provisions  to  support  those  that  do  work,  tho’  at 
the  same  time  they  sav,  that  being  obliged  by  their  religion  to  feed  their 
Enemy’s,  if  the  French  should  come  hither  and  want  provisions  they 
must  in  conscience  supply  them.  As  this  opinion  of  theirs  is  quite  dif- 
ferent from  their  practice  in  Carolina,  where  they  were  the  most  active  in 
taking  arms  to  putt  down  that  Government  (tho  they  now  fly  again  to 
the  pretence  of  Conscience  to  be  excused  from  assisting  against  the  In- 
dians) I have  thought  it  necessary  to  put  the  Laws  of  this  Country  in 
execution  against  that  sect  of  people,  which  impower  me  to  imploy  all 
persons  as  I shall  see  fitt  for  the  defence  of  the  Country  in  times  of  dan- 
ger, and  imposes  fines  and  penaltys  on  their  disobedience ; I doubt  not 
they  will  sufficiently  exclaim  against  me  on  this  occasion  and  perhaps 
their  brethren  in  England  who  keep  a joint  stock  (as  tis  said)  to  to  prose- 
cute the  Quarrells  of  all  that  sect,  may  think  fitt  to  attack  me;  but  I am 
persuaded  I shall  not  incur  my  Sovereign’s  displeasure  so  long  as  I act 
by  the  Rule  of  Law,  and  it  is  absolutely  necessary  to  discourage  such 
dangerous  opinions,  as  would  render  the  safety  of  this  Government  pre- 
carious, since  every  one  that  is  either  lagg  or  cowardly  would  make  use 
of  the  pretence  of  Conscience  to  excuse  himself  from  working  or  fighting 
when  there  is  greatest  need  of  his  service  and  I fear  the  Quakers  would 
find  too  many  proselytes  on  such  occasions. 

As  soon  as  I was  informed  of  this  fatal  accident  in  Carolina  I prohibited 
all  Trade  from  this  Country  with  the  Indians  finding  they  were  better 
provided  with  ammunition  than  we  ourselves,  and  had  the  Government 
of  Carolina  made  the  same  step  when  this  Country  had  a dispute  with 
those  very  Indians,  about  a murder  committed  here  some  years  ago,  It  is 


COLONIAL  RECORDS. 


813 


very  probable  they  might  have  been  more  cautious  of  falling  upon 
any  of  her  Majesty’s  plantations  when  they  found  we  espoused  one 
another’s  quarrels  but  the  tameness  of  this- Government  in  passing  over 
that  affair,  and  the  constant  supplys  they  received  from  Carolina  of 
powder,  sliott  and  other  necessary s,  notwithstanding  the  representations  of 
this  Government,  made  them  believe  we  were  under  distinct  sovereigns 
as  wel-Ris  Governors  and  that  we  would  no  more  assist  Carolina  than 
they  us.  I have  also  sent  to  demand  the  releasement  of  the  Baron  de 
Graftenried  who  bv  our  advices  was  still  alive  but  supposed  only  reserved 
for  a more  solemn  execution,  to  be  tomahawked  and  tortured  at  their  first 
publiek  War  Dances. 

I am  with  all  due  respect, 

My  Lords 

Your  Lordships 

Most  dutifull  and  most 
obedient  humble  servant 

A.  SPOTS  WOOD. 


Virginia  October  15th  1711. 


Recd 

Read 


(Endorsed) 

| 29th  Novr  1711. 


[From  the  MSS.  Records  of  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a Monthly  Meeting  held  in  Pasquotank  at  Newbegun  Creek  the  l(Jth 
of  the  9th  Month  1711  The  friends  appointed  to  visit  Ephram  Overman 
have  discoursed  him  concerning  his  forwardness  in  assisting  the  Souldiers 
to  defend  himself  and  others  with  carnal  weapons  contrary  to  our  known 
principles  the  which  after  further  Consideration  he  acknowledged  to  be 
an  error  in  him  and  hoped  for  the  future  to  take  better  care  and  walk 
more  circumspectly 

Also  Thos  Robinson  and  Sarah  Svmonds  published  their  intentions 
of  marriage  the  second  time  Nothing  a pea  red  against  it  Therefore  friends 
leaves  them  to  their  Liberty  to  Compleat  the  Same  Also  William  Everi- 
gin  A Elizabeth  Henley  Declared  their  Intentions  of  Marriage  it  being 
the  first  time  friends  appoint  Henry  Keaton  A John  Symons  to  enquire 
into  his  life  A Conversation  and  Clearness  in  respect  of  Marriage 


814 


COLON  I A L RECC )R  I )S. 


[From  Spotswood  Letters.  Vol.  1.  p.  120.] 


V IRGINIA-,  15th  Oetolier,  1711. 

To  my  Lord  Dartmouth  : 

My  Lorl>: 

* * . * * * * 

I endeavoured  to  make  our  last  Assem lily  sensible  of  the  naked  Con- 
dition of  their  Country,  hut  the  ex  ponce  appearing  to  them  much  more 
imediate  than  the  danger,  they  were  1 Easily  influence  by  their  Low  Cir- 
cumstances to  defer  the  condition  thereof;  however  1 prevailed  on  them 
to  revive  in  the  meanwhile  a former  Law  made  for  the  defence  of  the 
Country  in  times  of  danger,  and  by  virtue  of  that  Law,  I have  carried 
on  the  above-mentioned  Works  during  the  late  Alarm,  Notwithstanding 
I have  been  mightily  Embarrassed  by  a sett  of  Quakers  who  broach 
Doctrines  so  monstrous  as  their  Brethren  in  England  have  never  owned, 
nor,  indeed,  can  be  suffered  in  any  Government.  They  have  not  only 
refused  to  work  themselves,  or  suffer  any  of  their  Servants  to  be  em- 
ployed in  the  Fortifications,  but  affirm  that  their  Consciences  will  not 
permit  them  to  contribute  in  any  manner  of  way  to  the  defence  of  the 
Country  even  so  much  as  trusting  the  Government  with  provisions  to 
support  those  that  do  work,  tho’  at  the  same  time  they  say  that  being 
obliged  bv  their  Religion  to  feed  the  Enemys,  if  the  French  should  come 
hither  and  want  provisions,  they  must,  in  conscience,  Supply  them.  As 
this  Opinion  of  theirs  is  quite  different  from  their  practice  in  Carolina, 
where  they  were  the  most  active  in  taking  arms  to  pull  down  the  Gov- 
ernment, tho’  they  now  fly  again  to  the  pretence  of  Conscience  to  be 
excused  from  assisting  against  the  Indians,  I have  thought  it  necessary 
to  put  the  Laws  of  this  country  in  execution  against  that  Sect  of  people, 
which  impowed  to  employ  all  persons  as  I shall  see  fitt  for  the  defence  of 
the  Country  in  times  of  danger,  and  impose  fines  and  penaltys  upon  their 
disobedience.  I doubt  not  they  will  sufficiently  exclaim  against  me  on 
this  Occasion,  and  perhaps  their  Brethren  in  England,  who  keep  a joint 
Stock  to  preserve  the  quarrells  of  all  the  Sect  [who]  may  think  fitt  to 
attack  me,  but  I’m  persuaded  1 shall  not  incur  my  Sovereign’s  displeas- 
ure so  long  as  I act  by  the  Rule  of  Law,  and  it  is  absolutely  necessary 
to  discourage  such  dangerous  Opinions  as  would  render  the  safety  of  the 
Government  precarious.  Since  every  one  that  is  either  lazy  or  Cow- 
ardly would  make  use  of  the  pretence  of  Conscience  to  excuse  himself 
from  working  or  fighting  when  there  is  greatest  need  of  his  service,  and 
I fear  the  Quakers  would  find  too  many  proselytes  on  such  Occasions. 


COLONIAL  RECORDS. 


81  r, 


[B.  P.  K.  O.  Journal  Va.  Council.] 


24.  October  1711. 

The  Governor  this  day  acquainted  the  Council  that  pursuant  to  the 
Resolutions  on  the  15th  instant  he  had  met  the  Deputvs  of  the  Tuscaruro 
Indian® at  the  Nottoway  town,  and  had  made  the  demands  then  agreed 
on;  That  he  found  the  said  Deputy s very  desirous  to  continue  in  peace 
with  Her  Majesty’s  subjects  as  well  of  this  Government  as  of  Carolina, 
and  well  enough  inclined  to  enter  into  a war  with  the  Indians  concerned 
in  the  late  Massacre,  upon  promise  of  a reward  of  six  blankets  for  the 
head  of  each  man  of  the  said  Indians  killed  bv  the  Tuscaruros,  and  the 
usual  price  of  slaves  for  each  woman  and  Child  delivered  captives,  but 
that  they  desired  time  till  the  20th  of  the  next  month  to  consult  with  their 
respective  towns  and  had  promised  to  come  to  Williamsburgh  against 
that  time  or  within  live  days  thereafter  with  a final  Answer  both  as  to 
their  entring  into  the  said  War  and  their  delivering  Hostages  for  their 
Fidelity. 


[From  Calendar  of  Virginia  State  Papers.  Vol.  1.  r.  lot.] 


26th  October  1711 

Loving  ffriend, 

* I have  sent  pr:  Rolf  ffendall  some  bills  of  Exr  viz,  one  bill  for  £20 
and  another  Ac 

I suppose  thee  hast  heard  of  v®  Mafecre  we  had  here  wth  v®  Indians, 
they  have  Kill’d  about  100  people  and  have  taken  prifoners  a If  20  or 
30,  we  are  forc’d  to  Keep  garisons  and  watch  and  Gard,  day  and  Night, 
woh  I suppofe,  you  have  it  all  at  large  before  now — I defire  thee  to  send 
me  a line  pr:  y®  first  op’unity  and  in  Soe  Doing,  thee  will  obledg  him 
what  is 

Thy  reall  ffriend 


FFARNIFULL  GREEN. 


8 Hi 


COLONIAL  RECORDS. 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol:  13.  O.  118.] 


COLONEL  KPOTSWOOI)  TO  THE  HOARD  OF  TRADE. 

Virginia  November  7th  1711. 

My  Lords, 

The  last  letter  1 had  the  honour  to  write  to  your  Lordships  of  which 
the  inclosed  is  a copy  gave  an  account  of  my  intended  progress  to  our 
Southern  Frontiers  to  meet  the  deputes  of  the  Tuscaruro  Indians.  Ac- 
cordingly having  drawn  together  to  Nottoway  town  against  the  time 
appointed  the  Militia  of  the  three  neighbouring  Countys  consisting  of 
upwards  of  1600  men;  live  of  the  great  men  of  that  Nation  arrived 
very  opportunely  just  at  the  time  I had  brought  the  Militia  under  some 
discipline;  and  were  not  a little  surprized  to  find  there  so  great  a body 
of  men  in  such  good  order.  After  entring  into  Conference  with  them  I 
found  both  by  their  discourse,  and  also  from  what  my  Messenger  assured 
me  of  his  observations  while  he  was  in  their  Towns,  that  they  were  very 
desirous  to  continue  in  peace  with  this  Government  and  seemed  much 
concerned  that  any  of  their  Nation  should  have  joined  in  the  Massacre 
in  Carolina.  I then  proposed  to  them  either  to  carry  on  a war  against 
those  Indians  upon  the  promise  of  rewards  to  be  paid  them,  or  to  join 
with  her  Majesty’s  Subjects  of  Carolina  for  extirpating  those  Assassins, 
and  that  for  the  better  assuring  us  of  their  future  good  behaviour  they 
should  deliver  two  children  of  the  great  men  of  each  town  to  remain  as 
Hostages  and  to  be  educated  at  our  Colleges.  But  as  they  had  no 
Authority  to  conclude  anything  without  the  concurrence  of  the  rest  of 
their  Nation,  they  desired  time  to  informe  their  Townes  and  promised  to 
returne  with  an  Answer  by  the  20th  of  this  month  and  I’m  in  great  hopes 
to  obtain  what  I have  proposed  by  the  readiness  they  have  already 
showed  in  this  meeting,  as  well  as  their  frankness  in  procuring  the  lib- 
erty of  the  Baron  de  Graffenried  upon  the  demand  I made  of  him,  who 
was  to  be  conducted  home  to  Carolina  the  next  day  after  my  Messenger 
left  their  Country. 

The  delivering  their  children  as  hostages  will  not  only  prove  the  most 
effectual  security  for  their  Fidelity,  but  may  be  a good  step  towards  the 
Conversion  of  that  whole  Nation  to  the  Christian  faith  and  I could  not 
hope  for  a more  favourable  Conjuncture  to  meet  this  demand  than  now 
when  they  are  under  great  apprehensions  of  our  Resentmts  for  the  late 
Barbaritys  committed  in  Carolina,  and  the  impressions  made  on  them  by 


COLONIAL  RECORDS. 


SI  7 


the  appearance  of  so  great  a force  as  I then  show’d  them.  I took  this 
occasion  to  renew  a Proposal  I formerly  made  to  our  tributary  Indians 
for  sending  some  of  their  children  to  be  brought  up  at  the  College,  and 
though  it  has  hitherto  been  judged  a matter  so  impracticable  that  the 
Governors  of  the  College  have  thought  it  in  vain  to  attempt  it  and  have 
chosen  rather  to  be  at  a great  expence  for  buying  Indians  of  remote  Na- 
tions taken  in  War,  to  be  educated  in  pursuance  of  a Donation  left  for 
that  purpose  by  Mr  Bovle,  yet  I have  prevailed  so  far  bv  offering  to  re- 
mitt  their  whole  tribute  of  skins  so  long  as  they  kept  their  children  at 
the  College,  that  the  King  of  the  Nansemonds  has  already  sent  his  son 
and  Cousin,  the  Nottoway  and  Maherines  have  sent  each  two  of  their 
Chief  mens  sons  to  be  brought  up  to  Learning  and  Christianity;  and  the 
Queen  of  Pamunky  upon  seeing  how  well  those  Indian  children  are  treated 
has  engaged  to  send  her  son  and  the  son  of  one  of  the  Chief  men  upon 
the  same  Foot  and  I also  expect  another  boy  from  the  Chickahominys. 
As  the  remitting  their  Tribute  is  one  of  the  conditions  for  their  keeping 
their  children  at  the  College,  and  1 believe  a strong  motive  to  engage  their 
compliance,  so  if  it  should  happen  to  be  disapproved  and  revoked  by  suc- 
ceeding Governors,  because  it  lessens  their  Income,  it  may  occasion  their 
recalling  their  children  and  consequently  prove  a discouragement  to  the 
design  of  their  conversion.  And  therefore  I humbly  offer  to  your  Lord- 
ships  consideration  that  her  Majesty  may  be  moved  to  signify  her  Appro- 
bation of  my  yielding  this  branch  of  the  Governor’s  perquisites,  and  if 
that  be  thought  too  great  a prejudice  to  my  successors  I shall  if  your 
Lordships  think  fitt,  propose  another  Fund  by  which  her  Majesty  may 
be  enabled  to  give  an  equivalent  for  this  Loss,  which  I shall  beg  leave  in 
that  case  to  lay  before  your  Lordships  and  1 hope  the  Example  I have 
sett,  with  what  I have  recommended  in  my  speech  to  the  Assembly  on 
that  subject, .will  prompt  them  to  settle  some  Fund  towards  the  Educa- 
tion of  the  Indians,  since  that  already  given  to  the  College  by  the  de- 
ceased Mr  Bovle,  will  be  too  small  for  the  maintenance  of  so  great  a num- 
ber as  are  like  to  be  there  in  a short  time. 

That  vour  Lordships  may  be  informed  of  the  affairs  under  the  consid- 
eration of  this  Assembly  I take  the  liberty  to  inclose  a copy  of  my  speeeli 
at  the  opening  this  Session,  and  shall  by  the  next  opportunity  (which  1 
expect  in  a short  time)  give  your  Lordships  an  exact  account  of  their  pro- 
ceedings, together  with  the  progress  of  my  negotiations  with  the  Tusca- 
ruro  Indians,  which  I’m  now  obliged  to  break  off  by  reason  of  the  sud- 
den departure  of  the  ship,  in  which  this  is  intended 


COLONIAL  RECORDS. 


SIS 


I am  with  all  due  respect 

My  Lord, 

Your  Lordships 

Most  dutiful!  and  most 
Obedient  Humble  Servant. 

A.  SPOTSWOOI). 


( Endorsed) 

Reed  24th  May  \ 1719 
Read  11th  Decr  / 1 ' 


[B.  P.  R.  O.  N.  C.  B.  T.  7.  p.  48.] 


At  his  Grace  the  Duke  of  Beaufort’s  House 
Novr  the  1711 
Present 

John  Manley  Esq  for  his  Grace  the 
Duke  of  Beaufort 
Maurice  Ashley  Esq 
Sr  John  Colleton  Bart. 

John  Danson  Esq” 

Read  a Letter  from  his  Grace  the  Duke  of  Beaufort  where  he  returns 
their  Lord1’8  his  thanks  for  choosing  him  their  Palatin  & that  he  do’s  ac- 
cept of  the  same. 

Col1  Thos.  Cary  was  called  in  to  answer  the  accusation  against  [him] 
at  the  last  Board  and  then  Col1  Cary’s  answer  was  read. 

Ordered  that  the  Secretary  prepare  a letter  to  the  Board  of  Trade  to 
desire  their  Lordships  to  inform  them  what  accounts  they  have  received 
from  Virginia  relating  to  the  incursions  of  the  Tusqueroro  Indians  in 
.North  Carolina  &c 


COLON  I A L R ECORI )S. 


<S  1 9 


[B.  P.  R.  O.  N.  C.  B.  T.  7.  p.  49.] 


At  his  Grace  the  Duke  of  Beaufort’s  House 
Nov”  y®  20th  1711. 

Present 

John  Manley  Esqr®  for  his  Grace  the 
Duke  of  Beaufort 
The  IT  Honble  John  Lord  Carteret 
Maurice  Ashley  Esqre 
Sir  John  Colleton  Bart. 

Col1  Cary  appeared  at  the  Board  to  answer  the  accusation  of  Mr  Hyde 
on  which  it  was  ordered  that  the  particular  facts  relating  to  Col1  Cary’s 
accusation  be  abstracted  out  of  Mr  Hyde’s  letter  and  delivered  to  Col1 
Cary  in  3 or  4 days  time. 

Adjourned  till  this  day  fortnight 


[From  Calendar  of  Virginia  State  Papers.  Vol.  1.  p.  154.] 


Veroeney — ff : 

To  y®  Right  Honu®  Allexandcr  Spottswood,  her  Majestys’  Leftenant 
Governour  of  y®  fd  Collonv,  and  v®  Roll  of  y®  molt  Honw*  Counci  11  of 
State— 

The  humble  pe’tion  of  y®  pore  diitreffed  inhabitants  of  Nuse  River  in 
* * * * * County  in  North  Carolina  most  humbly  sheweth  yr 

Excellency — 

rPhat  wharas  there  hath  by  y®  permit  ion  of  Allmighty  God  for  our 
fins  and  Disobedance : bin  a moil  burred  Mafeere  Commit  tin 1 by  y®  tuf- 
karora  Indans  upon  her  Majestys’  pore  Subjects  in  y®  sd : province  of 
North  Carrol  inn,  and  we  her  Majestys’  pore  Subjects  who  by  gods’  prov- 
idence have  survived,  are  in  Continuall  Dread  and  Do  sutler  Day  ley  De- 
ilruction  in  our  stocks  and  horses  and  fencing  being  burn’d — which  if  not 
specially  prevented,  wee  mult  all  Likewife  Perrifh  with  our  brethern, 
for  we  have  not  forse,  nor  Indeed  any  speedy  care  taken  to  prevent  it  in 
our  Country — But  for  as  much  as  we  are  her  Majesty’s  subjects,  and 
Ready  at  all  times  to  be  obfervant  to  her  Majestys’  Royal  Commands: 
M e do  therefore  with  one  vovse,  knoweing  yor  Excelancys’  Care  and 
paternal  Tenderneis  towards  all  her  Majestys’  Subjects,  moil  Humbley 


COLONIAL  RECORDS. 


821) 


beseech  and  Implore  vor  Honr  as  you  tender  the  wellfare  of  her  Majestys’ 
pore  Subjects,  forthwith  to  send  to  our  Rcleale  l'uni  Conf  iderable  forse 
of  men,  armes  and  ammunition  to  Detect  y®  Barbarous  Infolvency  of 
tliofe  Rebelous  Rogues,  and  as  for  provil'ion,  we  ar  Ready  to  y®  utter- 
moft  of  our  abilety  to  aflist  y®  armey  If  yr  Excellency  pleases  to  fend 
them — which  wee  l'hall  Dayley  pray  for:  So  hoping  yr  Excellency  will 
take  into  yr  sage  Conf  ideration  our  Del’treffed  Condition,  we  yr  pore 
petioners  as  in  Deutey  bound  shall  Ever  Pray — 


House  met. 

Mr  Speaker  acquainted  the  House  that  the  Govr  gave  him  two  letters 
relating  to  the  affairs  of  North  Carolina,  recommended  them  to  the 
consideration  of  the  House  of  Commons. 


House  taking  them  into  debate. 

Resolved;  That  it  is  the  opinion  of  this  House  that  the  inhabitants  of 
North  Carolina  in  their  present  deplorable  circumstances  should  be  aided 
and  assisted  by  this  Government. 


Mr  Speaker  & Gentlemen ; 

“ We  are  heartily  glad  that  the  Resolution  of  yr.  House  is  so  agreea- 
ble to  ours,  & that  those  good  intentions  may  the  sooner  be  put  in  exccu- 


BENJ:  SIMSON 
JNO:  GEORGE 


THOS:  DAWSON 
FRA:  HILL 
ROGER  HILL 
FA RN I FOLD  GREEN 
TH°  WELSON 
JAMES  BLOUNT 
ADAM  FFERGISON 
ADAM  FFERGISON  JUR: 
ROB1  WATTSON 


* * * * 


WILL  * * * 

WILLIAM  HANCOCK 
JOHN  SLOCUM 
MARTA1N  HOPKINS 
WILL:  PRICE 
RICHARD  HILL 
ROB4  BRUSH 


And  many  others 


[Extracts  from  Journal  of  South  Carolina  House  of  Assembly.] 


[Page  584 — 339  original.] 


Friday  Oct.  26th  1711. 


[Page  585 — 340  original.  | 


COLONIAL  RECORDS. 


821 


tion,  we  desire  tliat  you  would  speedily  propose  a method  to  answer  the 
end  we  aim  at,  the  relief  of  our  poor  distressed  Brethren  of  North 
Carolina. 

ROBERT  GTBBES. 

Gentlemen ; 

The  chief  cause  of  my  calling  you  together  at  this  time  is  to  acquaint 
you  of  A lay  before  you  the  acet  we  have  from  the  Govr  & Government 
of  N.  C.  the  dismal  & deplorable  condition  the  Inhabitants  thereof  now 
labour  under,  & desire,  as  they  are  subjects  of  the  same  Queen  Tenants 
to  the  same  Lords  Prop”  Christians  and  Neighbors  we  will  speedily  A 
willingly  afford  them  our  assistance,  & heartily  entreat  us  to  send  them 
a number  of  Indians  with  all  dispatch,  else  they  must  desert  the  place 
which  I think  as  Christians  & to  the  relief  of  the  Queens  subjects  & our 
fellow  tenants  to  our  Lords  Prop”  we  are  in  conscience  A duty  bound  to 
do.  I therefore  desire  we  may  consider  A resolve  on  the  best  ways  & 
(means)  methods  possible,  & that  with  all  expedition  we  may  send  to 
them  relief  & assistance,  A particular  ace4  thereof  refers  von  to  Mr 
Gale. 


ROBERT  G1BBES. 


Ordered;  That  Capt  Ben).  Queleh,  & Mr  Benj  Godin  Carry  the  fol- 
lowing message  to  the  Governor  A Council. 

May  it  please  Yr  lion” 

As  this  House  has  now  met  [Page  58(1 — Original  i>42]  according  to  Yr 
Proclamation,  A upon  due  Consideration  of  the  deplorable  Circumstances 
of  the  Inhabitants  of  North  Carolina  hath  also  sent  your  HonT  our  reso- 
lutions that  they  should  be  aided  A assisted  by  this  Government.  So  this 
House  waits  Yr  lion”  proposals  for  the  best  A most  speedy  ways  A means 
to  effect  the  same  which  will  be  readily  seconded  by  this  House,  in  a eon- 
currance  suitable  to  the  passing  occasion  thereof. 

Saturday  Oct.  27th  1711. 

A message  from  the  Govr  A Council  by  Thos.  Hcpworth  Esqr.  with 
the  following  message  in  writing. 

Mr  Speaker  and  Gentlemen  ; 

This  House  having  Considered  of  Yr.  message  sent  to  us  last  night, 
we  are  of  opinion  that  a Sufficient  number  of  warlike  Indians  (such  a< 
lies  most  Convenient  to  this  expedition)  be  immediately  raised  with  a 
proper  officer  or  officers  appointed  to  command  them;  that  a sufficient 
quantity  of  arms  A ammunition  be  provided,  A that  all  due  encourage- 
ment be  given  to  bring  this  Necessary  war  to  a happy  conclusion  in  which 
this  House  will  readilv  concur  with  vou. 


ROBERT  G1BBES. 


822 


COLONIAL  RECORDS. 


[Page  587 — Original  343. J 

Fri day  Nov  2nd  1711. 

The  House  met. 

Capt  Thos.  Nairne  prayed  leave  to  lay  before  the  House  an  estimate 
of  charges  necessary  to  carry  on  an  expedition  to  relieve  the  Inhabitants 
of  N.  C. 

Ordered;  That  the  said  Capt.  Nairne  lay  this  before  the  House  which 
he  read  in  his  place  & delivered  in  at  the  Table. 

Whereupon;  The  House  taking  under  debate  the  charges  and  expenses 
to  be  applied  for  relief  of  North  Carolina  A the  question  being  whether 
a sufficient  sum  of  money  not  exceeding  the  sum  of'  four  thousand  pounds 
be  immediately  raised  for  that  purpose. 

[Page  344  original  | 

Carried  in  the  affirmative — 

Ordered;  That  Col.  Logan,  Col.  Hugh  Grange,  Col.  Alex  Parris  Col. 
John  Fenwick  A Capt  Thos.  Nairne  or  any  3 of  them  be  a Committee 
to  Compute  purchase  & procure  the  necessary  stores  for  an  expedition 
agst  the  Tusqueroras  pursuant  to  the  resolution  of  this  House,  A that 
they  make  their  report  thereon,  this  afternoon. 

| Page  588 — Page  344  original.] 

Ordered;  That  Maj.  Gale  be  sent  for,  & that  Mr  Speaker  inquire  of 
him  whether  the  Government  of  North  Carolina  can  provide  a sufficient 
quantity  of  provisions  for  the  return  of  our  forces,  at  the  determination 
of  the  expedition  as  also  wluit  stores  of  Powder  A Shot  that  Gover*  can 
furnish  our  forces  with  (who  appearing  accordingly  & being  asked  by 
Mr  Speaker  the  foregoing  questions)  answered  & undertook  upon  him- 
self on  behalf  of  the  Government  of  North  Carolina,  that  he  would 
provide  A then  should  be  got  ready  fifteen  hundred  bushels  of  corn  for 
the  supply  & return  of  our  forces,  as  also  six  barrels  of  Powder  A an 
equivalent  quantity  of  Bullets  A Swarm  Shott  A then  withdrew. 

[Page  345  in  the  original.  | 

Ordered;  That  the  Committee  appointed  to  purchase  A prepare  the 
necessary  stores  for  the  expedition  against  the  Tusqueroras  be  a Commit- 
tee to  prepare  Letters  A Instructions  to  be  given  to  the  Indian  Traders 
for  the  said  expedition  A that  make  report  thereof  to-morrow  in  the 
afternoon. 


COLONIAL  RECORDS. 


823 


Saturday  Nov  3rd  1711. 

The  House  met  according  to  adjournment. 

[ Page  346  iu  original. J 

Upon  motion. 

Ordered ; That  the  offer  of  the  chief  Captain  of  the  forces  to  be  raised  to 
march  agst  the  Tusqueroras  be  made  to  Jno.  Barnwell  Esqr.  which  the 
Speaker  having  accordingly  made:  The  sd  John  Barnwell  answered  the 
House  that  lie  thanked  the  House  for  the  offer  & that  he  would  accept 
the  same. 

Resolved;  That  Jno.  Barnwell  Esqr.  be  commander  in  chief  of  the 
forces  of  white  men  & Indians  to  be  raised  to  march  against  the  Tusque- 
roras & other  Nations  of  Indians  now  in  rebellion  agBt  the  Government 
of  North  Carolina. 

The  committee  appointed  to  purchase  & prepare  the  necessary  stores 
for  the  expedition  against  the  Tusqueroras,  & to  prepare  Letters  & In- 
structions to  be  given  to  the  Indian  Traders  <fcc  prayed  longer  time  to 
make  their  report. 

Ordered;  That  the  said  Committee  have  farther  time  to  Monday  next. 

Ordered  ; That  an  humble  address  be  sent  to  the  Lords  Prop”  of  Car- 
olina, therein  to  lay  before  them  the  great  mischief  & danger  to  this 
Province  by  the  intrusions  & approachments  of  the  Virginia  Traders 
Trading  with  the  Indians  living  within  the  limits  of  & in  amity  with 
this  Govern4  <&  that  their  Lordships  by  asserting  their  just  rights  [Page 
*>90 — Page  347  original]  therein  would  be  pleased  effectually  to  prevent 
& suppress  the  same  for  the  future:  As  also  to  address  their  Lordships 
that  they  would  be  pleased  to  bear  some  part  of  the  great  charge  which 
will  arise  to  this  province  by  the  intended  expedition  ag8t  the  Tusqueroras 
& other  nations  of  Indians  now  in  rebellion  against  the  Government  of 
their  Lordships  Province  of  North  Carolina. 

( Irdered ; 

That  ("apt.  Queleh,  ('apt.  Tho*  Nairne  & Jno.  Barnwell  Esqr.  Be  a 
Committee  to  draw  up  the  said  address  tfc  that  they  bring  the  same  into 
the  House  next  Tuesday  in  the  afternoon. 

Tuesday  Nov.  (>th  1711 

The  House  met  according  to  adjournment. 

Read  the  first  time  a Bill  for  raising  the  sum  of  four  thousand  pounds 
Arc  and  past  with  amendments. 

( )rdered ; 

That  Col.  John  Fenwick  & ('apt.  Tho*  Nairne  carry  the  foregoing 
Bill  to  the  Govr  tfc  Council. 


COLONIAL  RECORDS. 


821 


[Page  591 — Page  348  original.  J 

Wednesday  Nov.  7th  1711 

The  House  met  according  to  adjournment. 

Read  the  petition  of  Edmund  Ellis  praying  to  he  admitted  Clivrur- 
geon  for  the  expedition  against  the  Tusqueroras. 

( )rdered : 

That  the  choice  of  a Chyrurgeon  he  referred  to  the  choice  & discretion 
of  Jno.  Barnwell  Esqr.  Commander  in  Chief  of  the  said  expedition. 

[Page  849  original. J 

Read  the  second  time  the  Bill  for  raising  the  sum  of  four  thousand 
pounds  &c  and  past  with  amendments. 

| Page  592.  J 

Ordered;  That  Col.  John  Fenwick  & Jno,  Barnwell  Esqr.  carry  the 
3 foregoing  Bills  to  the  Governor  & Council. 

The  House  adjourned  to  3 o’clock  in  the  Afternoon. 

A message  from  the  Gov1'  & Council  by  Tho8  Hep  worth  Esqr.  who  re- 
turned the  Bill  for  raising  the  sum  of  four  thousand  pounds  &c  & the 
additional  Bill  for  cutting  & making  a path  &c,  both  marked  with  a 
second  reading. 

[Page  350  in  the  original.] 

Ordered;  That  Jno.  Barnwell  Esq.  & Capt.  Peter  Hann  carry  the  fore- 
going Bill  to  the  Governor  & Council. 

[Page  594 — Page  353  in  the  original  .J 

Thursday.  Nov.  8th  1711. 

May  it  please  vour  Hon™ 

The  provision  for  relieving  the  Inhabitants  of  North  Carolina  being 
so  far  advanced  that  it  is  necessary  that  the  Govern  m‘  should  receive  in- 
telligence thereof  as  soon  as  conveniently  may  be.  And  the  agent 
from  thence  having  engaged  himself  to  supply  our  forces  with  stores  of 
ammunition,  Corn  Ar  other  necessaries.  Wo  therefore  | nay  vour  Hon” 
to  despatch  the  sd  agent  with  letters  to  that  Government  in  such  a small 
vessel  as  your  Honr  shall  think  convenient  for  that  purpose  the  charges 
thereof  the  said  agent  hath  undertaken  to  see  defrayed,  in  which  letters 
we  desire  your  Honr  to  signify  to  that  Governin'  among  other  things,  the 
great  charges  this  Province  is  under  in  the  preparations  we  make  to  re- 
lieve them,  & that  we  promise  ourselves  to  he  reimbursed  by  those  we 
relieve:  We  think  it  further  necessary  to  have  frequent  intelligence  be- 

tween this  Port  & North  Carolina,  during  the  time  our  forces  are  absent 
on  this  expedition,  ct  therefore  pray  your  Hon"  to  take  up  & employ  at 


COLONIAL  RECORDS. 


K25 


the  pnbliek  charge  a tit  vessel  for  that  purpose,  as  often  as  it  shall  appear 
useful  to  the  expenses  of  which  this  House  will  always  readily  contribute. 

I'Page  5‘JS — Page  357  original. J 

Saturday  Nov.  10,  1711. 

The  House  met. 

Ordered;  That  Tho*  Nairne  Esqr.  & Col.  Hugh  Grange  carry  the  fol- 
lowing Rills  to  the  Governor  & Council. 

A Message  from  the  Govr  & Council  bv  Tho*  Hep  worth  Esq.  who 
brought  Letters  to  be  perused  by  this  House,  which  are  to  be  sent  to  the 
Governm*  of  North  Carolina. 

Read,  the  3d  time,  the  Rill  for  raising  the  sum  of  four  thousand  pounds, 
& past  into  a Law. 


A LETTER  FROM  MAJOR  CHRISTOPHER  GALE. 


[From  Nicholls’  Literary  Illustrations — Reprinted  from  Hawks’s  History 

of  North  Carolina.] 

Charleston  S.  C. 

November  2 1711. 

My  Dear: — 

T cannot  omit,  by  all  opportunities,  to  inform  my  second  self  that  you 
have  still  living  in  a brother  the  most  faithful  friend  that  ever  was, 
though  perhaps  by  as  signal  a hand  of  Providence  as  this  age  can  demon- 
strate. 

1 will  not  trouble  you  with  repetitions,  but  refer  you  to  the  after- 
written  memorial  which  1 laid  before  the  government,  and  shall  only 
acquaint  you  how  far  I had  been  concerned  in  the  bloody  tragedy,  if  kind 
Providence  had  not  prevented. 

About  ten  days  before  the  fatal  day,  I was  at  the  baron’s,  and  had 
agreed  with  him  and  Mr.  Lawson  on  a progress  to  the  Indian  towns;  but 
before  we  were  prepared  to  go,  a message  came  from  home,  to  inform  me 
that  my  wife  and  brother  lay  dangerously  sick  ; which  1 may  call  a happy 
sickness  to  me,  for  on  the  news  I immediatelv  repaired  home,  and  thereby 
avoided  the  fate  which  1 shall  hereafter  inform  you. 

The  baron,  with  Mr.  Lawson  and  their  attendants,  proceeding  on  their 
journey,  were,  on  the  22d  of  September  (as  you  will  see  by  the  memorial) 
both  barbarously  murdered  ; the  mat,  on  which  the  baron  used  to  lie  on 
such  like  vovages,  being  since  found  all  daubed  with  blood,  soaswesup- 
*100 


COLONIAL  RECORDS. 


s2<; 


pose  him  to  have  been  quickly  dispatched.  But  the  fate  of  Mr.  Lawson 
(if  our  Indian  information  be  true)  was  much  more  tragical,  for  we  are 
informed  that  they  stuck  him  full  of  fine  small  splinters  of  torch  wood, 
like  hogs’  bristles,  and  so  set  them  gradually  on  fire.  This,  I doubt  not, 
had  been  mv  fate  if  Providence  had  not  prevented;  but  I hope  (Jod 
Almighty  has  designed  me  for  an  instrument  in  the  revenging  such  inno- 
cent Christian  blood. 

On  Sunday,  October  21,  I arrived  here  in  the  quality  of  an  agent,  and 
in  order  to  procure  the  assistance  of  the  government  to  destroy  our  ene- 
mies, which  T doubt  not  in  a little  time  to  effect.  The  family  I left  in 
garrison  at  Bath  town,  my  wife  and  brother  pretty  well  recovered;  but 
what  has  happened  since,  I know  not.  Two  days  after  I left  the  town, 
at  daybreak  (which  is  the  Indians’  usual  time  of  attack),  above  100  guns 
were  heard,  which  must  have  been  an  attack  made  by  the  Indians  upon 
some  of  our  garrisons,  which  are  in  all  eleven  in  number;  but  cannot 
hear  the  success  of  it,  though  a small  vessel  came  from  the  out  part  of 
our  government  there  the  other  day,  by  which  I have  the  following  news : 
that  on  my  coming  away,  Captain  Brice  detached  from  our  out-garrisons 
fifty  men,  and  in  the  woods  met  with  a body  of  Indians,  who  fought 
them  three  days,  and  forced  them  at  last  to  retire  into  their  garrison. 
The  Indians  lost  in  this  engagement  fifteen  men,  and  we  took  two,  one  of 
whom  was  killed  bv  one  of  our  men.  During  this  engagement,  another 
body  of  the  Indians,  being  advised  that  the  garrison  was  weakened  by 
this  detachment,  came  and  attacked  the  garrison,  and  at  the  same  time  a 
number  of  Indian  prisoners  of  a certain  nation,  which  we  did  not  know, 
whether  they  were  friends  or  enemies,  rose  in  the  garrison,  but  were  soon 
cut  to  pieces,  as  also  those  on  the  outside  repelled.  In  the  garrison  were 
killed  nine  Indian  men,  and  soon  after  thirty-nine  women  and  children 
sent  off  for  slaves.  This  is  the  condition  we  at  present  labor  under.  I 
shall  not  trouble  you  with  a particular  relation  of  all  their  butcheries, 
but  shall  relate  to  you  some  of  them,  by  which  you  may  suppose  the 
rest.  The  family  of  one  Mr.  Nevill  was  treated  after  this  manner:  the 
old  gentleman  himself,  after  being  shot,  was  laid  on  the  house-floor,  with 
a clean  pillow  under  his  head,  his  wife’s  head-clothes  put  upon  his  head, 
his  stockings  turned  over  his  shoes,  and  his  body  covered  all  over  with 
new  linen.  His  wife  was  set  upon  her  knees,  and  her  hands  lifted  up  as 
if  she  was  at  prayers,  leaning  against  a chair  in  the  chimney  corner,  and 
her  coats  turned  up  over  her  head.  A son  of  his  was  laid  out  in  the 
yard,  with  a pillow  laid  under  his  head  and  a bunch  of  rosemary  laid  to 
his  nose.  A negro  had  his  right  hand  cut  off  and  left  dead.  The  master 


COLON! A 1 , RECORDS. 


827 


of  the  next  house  was  shot  and  his  body  laid  flat  upon  his  wife’s  grave. 
Women  were  laid  on  their  house-floors  and  great  stakes  run  up  through 
their  bodies.  Others  big  with  child,  the  infants  were  ripped  out  and 
hung  upon  trees.  In  short,  their  manner  of  butchery  has  been  so  various 
and  unaccountable,  that  it  would  be  beyond  credit  to  relate  them.  This 
blow  was  so  hotly  followed  by  the  hellish  crew,  that  we  could  not  bury 
our  dead ; so  that  they  were  left  for  prey  to  the  dogs,  and  wolves,  and 
vultures,  whilst  our  care  was  to  strengthen  our  garrison  to  secure  the 
living. 

The  ship  by  which  this  comes  is  ready  to  sail,  so  cannot  enlarge;  only 
desire  my  duty  may  be  presented  to  my  father  and  mother,  my  sincere 
love  to  yourself  and  brothers,  and  service  to  all  friends,  hoping  for  a 
speedy  answer  to  my  last  by  Madam  Hyde,  is  what  offers  from 
Your  sincerely  affectionate  brother, 

CHRISTOPHER  GALE. 


FROM  CHARLES  TOWN,  CAROLINA. 

The  Memoriae  of  Christopher  Gale  from  the  Government 
of  North  Carolina,  to  the  Honorable  Robert  Gibs,  Gov- 
ernor and  Commander-in-chief,  and  to  the  Honorable 
Council  and  General  Assembly. 

To  lay  before  your  honor  the  prospect  or  representation  of  as  promis- 
ing a country  as  was  ever  watered  with  the  dew  of  heaven,  would  take 
up  more  time  than  the  present  exigency  of  the  affair  I am  now  set  upon 
would  give  me  leave;  but  much  more  time,  and  a hand  more  skilful, 
would  be  requisite  to  give  you  a view  of  the  calamities  and  miseries  of  so 
tine  a country  laid  waste  and  desolate  by  the  most  barbarous  enemies:  I 
mean  the  Corees  and  Tuscarora  Indians. 

Although  I shall  not  use  much  eloquence  to  implore  your  aid  and  as- 
sistance in  revenging  such  injuries,  causes  of  that  nature  when  truly 
stated  being  their  own  best  orator;  vet,  I presume,  I have  all  the  advan- 
tages that  may  be  of  making  a true  representation  of  that  affair  to  your 
honors,  being  an  inhabitant  of  Beaufort  precinct,  where  a great  part  of 
this  hellish  tragedy  was  acted.  1 shall,  therefore,  inform  your  honors, 
that  on  Saturday  the  22d  of  September  last,  was  perpetrated  the  grossest 
piece  of  villainy  that  perhaps  was  ever  heard  of  in  English  America. 
One  hundred  and  thirty  people  massacred  at  the  head  of  the  Nuse,  and 
on  the  south  side  of  Pamptaco  rivers,  in  the  space  of  two  hours;  butch- 
ered after  the  most  barbarous  manner  that  can  be  expressed,  and  their 


COLONIAL  RECORDS. 


828 


dead  bodies  used  with  all  the  scorn  and  indignity  imaginable;  their 
houses  plundered  of  considerable  riches  (being  generally  traders),  then 
burned,  and  their  growing  and  hopeful  crops  destroyed.  What  spectacle 
can  strike  a man  with  more  horror  and  .stir  up  more  to  revenge,  than  to 
see  so  much  barbarity  practised  in  so  little  a time  and  so  unexpectedly? 
And  what  makes  it  the  more  surprising,  that  nefarious  villainy  was  com- 
mitted by  such  Indians  as  were  esteemed  as  members  of  the  several  fam- 
ilies where  the  mischiefs  were  done,  and  that  with  smiles  in  their  coun- 
tenances, when  their  intent  was  to  destroy.  I must  inform  your  honors 
that  the  governors  of  North  Carolina  are  not  in  a condition  to  take  a full 
(I  might  say  any)  satisfaction  on  the  enemy,  nor  to  prevent  their  further 
progress,  by  reason  their  neighboring  Indians  are  not  to  be  relied  on  for 
any  assistance,  but  rather  to  be  feared  they  would  be  prejudicial  in  any 
expeditions;  if  not  joined  with  the  enemy  as  we  have  good  reason  to 
judge  by  their  behavior  both  before  and  since  the  act  was  committed : 
therefore  a strict  and  jealous  eve  is  necessarily  kept  over  them  by  the 
government,  and  our  whole  country  drawn  into  garrisonsdo  prevent  mis- 
chief that  way,  which  very  much  hinders  the  getting  men  into  a body  to 
pursue  the  enemy,  who  are  at  present  between  two  and  three  hundred 
effective  men,  and  above  one  thousand  women  and  children  ; and  I believe 
your  honors  will  be  of  opinion,  that  it  is  altogether  impracticable  to 
attempt  such  a body  of  men,  flushed  with  their  first  success,  without 
Indians  who  are  acquainted  with  their  manner  of  fighting.  Wherefore, 
on  behalf  of  the  government  of  North  Carolina,  by  which  I am  em- 
ployed, I earnestly  entreat  your  honors  to  permit  and  encourage  so  many 
of  vour  tributary  Indians  as  you  think  proper,  to  fall  upon  those  Indians 
our  enemies,  whose  families  are  since  fled  down  to  the  seaboard  between 
Weatuck  and  Cape  Fare  rivers,  whilst  their  men  are  still  ravaging  and 
destroying  all  before  them,  within  sight  of  our  garrisons;  that  by  vour 
assistance  exemplary  justice  may  be  done  to  such  barbarous  villains  as 
have  laid  waste  and  desolate  such  a flourishing  part  of  the  lords  proprietors’ 
country,  and  which,  without  your  speedy  relief,  will  be  wholly  deserted.  If 
any  Indians  are  found  innocent  of  that  massacre  and  will  assist  in  the  de- 
struction of  those  inhuman  wretches,  care  will  betaken  to  distinguish  those 
from  the  rest ; but  I very  much  fear  that  upon  strict  inquiry,  it  would  be 
found  that  the  whole  nation  of  the  Tusearoras  (though  some  of  them  may 
not  yet  be  actors)  was  knowing  and  consenting  to  what  was  done;  and 
that  the  success  of  those  already  in  motion,  if  not  put  a stop  to,  will  at 
last  induce  the  rest  to  join  with  them  in  carrying  on  these  bloody  designs. 
Beside  the  daily  expectation  of  a considerable  number  of  Senekoes  [Sene- 


COLONIAL  RECORDS. 


829 


eas],  which  we  are  certainly  informed  are  coining  to  cohabit  with  the 
Tuscaroras,  our  enemies,  this  winter,  and  become  one  nation,  which  in 
'time  may  affect  our  neighboring  governments  as  well  as  us.  I firmly 
persuade  myself  that  so  much  prejudice  as  the  lords  proprietors  will  re- 
ceive by  that  fatal  blow,  the  barbarous  murder  of  so  many  of  our  fel- 
low-subjects, among  which  number  is  the  Honorable  Baron  de  Graffen- 
ried,  a landgrave  of  Carolina,  and  a member  of  the  council,  Mr.  Lawson 
the  surveyor-general,  with  divers  others  of  note,  will  excite  your  honors’ 
compassion  toward  such  a country  and  hasten  your  assistance  and  relief. 

1 am,  with  all  respect, 

Your  honors’  most  obedient,  humble  servant, 

CHRISTOPHER  GALE 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


The  Proceedings  of  the  Vestry  for  precinct  of  Chowan  in  the  County 
of  Albemarle  in  the  provence  of  North  Carolina  met  at  the  Honble  Co" 
Hyde’s  then  president. 

Present 

The  IIonble  Edwd  Hyde  Esqr  prsJt 
The  Honblc  Thomas  pollock  Esqr 
William  Duekenfield,  Esqr 
The  Honble  Tho"  Peterson  Esqr 
Mr  Thomas  Luten 
Mr  Edward  Smith wiek 
Mr  Jn°  Bird 
Mr  Thomas  Lee 
Mr  John  Walker. 

Ordered  Imprimis — 

That  there  be  allowed  and  raised  in  the  Said  precinct  of  Chowan  forte 
live  pounds,  and  paid  bv  the  hereafter  named  and  appointed  Church 
Wardens  to  Rovd  Mr  Urmston  for  having  officiated  in  this  precinct  from 
the  time  of  his  first  Coming  into  this  Governm1  till  the  25th  Instant  in 
the  Commodities  appointed  by  the  Vestry  Act. 

Ordered  that  the  Honbl*  Thomas* Peterson  Esqr  and  Mr  Thomas  Lee 
be  and  are  hereby  chosen  and  appointed  Church  Wardens  for  the  year 
ensuing  the  Date  hereof  and  that  they  levy,  raise,  and  Collect  all  sums 
appointed  to  be1  raised  for  the  Use  of  the  parish,  and  that  they  be  allowed 
for  there  So  doing  after  the  Rate  of  20*  pr  Cu 


830 


COLONIAL  RECORDS. 


That  the  Ten  pounds  Sterling  given  by  Co11  Nicholson  and  now  in  the 
Hands  of  Mr  Edward  Moseley  be  demanded  and  received  by  the  afore- 
said Church  Wardens. 

That  for  want  of  the  Act  of  Assembly  for  regulating  of  Vestries 
Establishing  the  Church  and  making  provision  for  Ministers  and  the 
Vestry  Book  with  the  Late  Church  Wardens  Accounts.  Another  Ves- 
try be  held  at  the  Honble  the  prsid‘*  the  first  Day  of  Jan*7  next  ensuing 
and  that  the  late  Church  Wardens  be  warned  to  attend  there  and  then 
to  give  uj)  their  accounts. 

EDWD  HYDE  TITOS  LEUTON  TIIOS  LEE 

THOS  POLLOCK  EDWARD  SMITH  WICK  JOHN  WALKER 
TITOS  PETERSON  JOHN  BIRD 


1712. 

[From  the  Vestry  Book  op  St.  Paul’s  Parish,  Chowan  Precinct.] 

CHOWAN  PRECINCT 

At  a Vestry  held  at  the  Honoble  the  p'sidents  the  1st  Day  of  Janry 

Mr  Jn°  Bird 
Mr  Tho8  Lee 
Mr  Jn°  Walker 

Ordered  then  that  the  Honoble  the  prsident  be  humbly  requested  to 
issue  his  Warrant  to  the  several  Constables  of  this  prcinct,  to  take  a list 
of  the  Tythables  within  their  charge,  and  bring  in  the  same  or  make 
Return  of  the  same  to  the  Honoble  the  prsident  within  the  space  of  one 
Month  after  the  Date  hereof- — 

Ordered  that  the  HonobIe  Thomas  Peterson  Esqr  together  with  Mr 
Thomas  Luten  be  desired  to  take  Mr  Moseley’s  account  of  his  late  Office 
of  Church  W arden  for  this  precinct. 

Ordered  that  the  Reverend  Mr  Lrmston  be  allowed  for  officiating  in 
this  precinct,  the  year  following  commencing  from  the  twenty-fifth  of 
December  last  past  at  the  several  times  and  Places  hereafter  mentioned. 
Seventv  pounds  to  be  levied  and  paid  as  the  act  of  Assemble  for  estab- 


Present. 

The  Honoble  the  president 
The  HonobIe  Tho8  Pollock  Esqr 
The  HonobIe  Tho8  Peterson  Esqr 
Wm  Duckenfield  Esqr 
Mr  Edward  Smithwick. 


COLONIAL  RECORDS. 


s:’,l 


lishing  the  Church  and  milking  provision  for  Ministers  doth  appoint 
and  direct  dated  March  y°  12th  17-J-J  Viz4  One  Sunday  on  the  South 
Shore,  the  two  next  Sundays  on  the  Western  Shores  alternately. 

Provided  always  that  he  officiate  the  fourth  Sunday  on  the  other  side 
opposite  to  that  where  he  officiated  the  two  foregoing  Sundays  and  that 
he  provide  a passage  at  his  own  Cost  and  Charge. 


•IN0  URMSTON  MISSry 
EDWARD  HYDE 
THO  PETERSON  \ Church 
TITO  LEE  / Wardens 

WILLIAM  DUO K EN FIELD 


THOMAS  POLLOCK 
JOHN  BIRD 
JOHN  WALKER 
EDWARD  SMITH  WICK 


[From  N.  C.  Letter  Book.  S.  P.  G.] 

BISHOP  OF  LONDON  TO  THE  SECRETARY. 
(Extracts.) 

Fulham,  12th  January,  1711-12. 

Sir  : — 

As  to  the  letter  of  Baron  Gratfenreid,  whereby  you  may  perceive  that 
they  are  all  ready  to  conform  to  the  Church  of  England  : if  the  society 
will  be  pleased  to  allow  a stipend  for  a chaplain  to  read  Common  Prayers 
in  High  Dutch,  I will  endeavor  to  provide  one  so  soon  as  I have  their  reso- 
lution, which  I would  willingly  hear  so  soon  as  possible,  that  I mav  send 
him  over  with  Mr.  Rainsford. 

I am,  sir,  yours,  etc., 

H.  LONDON. 


(B.  P.  H.  O.  N.  C.  B.  T.  7.  r.  52.) 

('raven  House  Janry  24th  1711-12 
Present 

The  Rt.  Honble  The  Lord  Carteret 
Maurice  Ashlcv  Esqr 
Sir  John  Colleton  Barr4 
John  Danson  Esqr 

Some  Merchants  desired  to  be  heard  by  their  Council  who  were  called 
in  and  heard  They  alleged  they  had  received  losses  bv  the  Government 
ot  North  Carolina  <fc  Roach  as  is  a Hedg'd  went  over  a factor  from  some 


COLONIAL  RECORDS. 


s:!2 


Merchants  will)  effects  to  bo  disposed  of  there  which  effects  are  seized  by 
Mr  Hyde  and  his  party.  The  Hoard  did  resolve  that  all  reasonable  care 
should  be  taken,  that  the  goods  seized  by  Govr  Hyde  or  his  order  should 
he  restored  as  far  as  legally  they  can  be. 

A Representation  from  the  Merchants  relating  to  that  effect  abovesaid 
was  read. 

Adjourned  till  next  Tuesday. 

Craven  House  danry  v®  29th  171 1-12. 

Present 
Lord  Carteret 
Sr.  Eulwar  Skipwith 
Sr.  John  Colleton 
John  Hanson  Esq” 

Ordered  that  .the  following  Instructions  be  added  to  Govr  Hyde’s  In- 
structions. Whereas  it  did  plainly  appear  to  us  that  very  great  abuses 
have  been  committed  in  our  Province  of  Carolina  by  exorbitant  and 
illegal  Grants  of  Land  made  to  several  persons  far  exceeding  & contrary 
to  our  Instructions  given  upon  that  account  whereupon  we  thought  it 
proper  to  prohibit  all  Sales  or  Grants  of  land  except  such  as  should  be 
made  at  our  Board  vet  at  vour  instance  Ar  we  being  also  very  willing  to 
give  all  due  encouragement  to  such  Planters  as  shall  come  to  settle  there, 
We  have  consented  that  any  person  during  the  term  of  seven  years  next 
ensuing  the  date  hereof  may  within  that  part  of  our  Province  that  is 
under  your  care  purchase  any  small  quantity  of  land  not  exceeding  640 
Acres  paying  the  money  to  our  Receiver  General  there  at  the  rate  of  A'20. 
sterling  for  each  1000  Acres  & reserving  12  pence  sterling  of  Great 
Britain  yearly  quit  rent  for  every  100  Acres  to  us  the  Lords  Proprietors 
and  our  Heirs  for  ever  for  the  same. 

We  do  recommend  to  you  in  the  most  particular  manner  the  consid- 
eration of  the  late  Troubles  & we  are  very  sorry  that  you  was  compelled 
to  make  use  of  violent  measures  towards  the  support  of  the  Govern- 
ment. We  hope  that  all  animosity  is  bv  this  time  extinguished  & the 
best  way  to  keep  people  quiet  is  to  show  all  gentleness  to  those  that  were 
deluded  & as  little  severity  to  those  who  were  more  deeply  concern’d  in 
those  disorders  as  is  consistent  with  law  & justice.  It  must  of  necessity 
have  happened  that  during  these  Commotions  some  unfortunate  persons 
have  suffer’d  much  in  their  Estates  We  desire  that  restitution  may  be 
made  if  it  is  possible  to  the  full  but  if  that  cannot  be  as  far  as  you  can 
& that  you  send  us  as  exact  an  estimate  as  you  can  make  of  the  suffer- 
ings of  the  People  whom  we  shall  always  protect  to  the  utmost  of  our 


COLONIAL  RECORDS. 


s 


power  while  they  preserve  their  allegiance  to  the  Queen  and  their  duty 
to  us  the  true  & absolute  Lords  who  represent  Her  Majesty.  We  further 
enjoin  you  to  send  over  to  us  all  the  evidence  that  can  be  of  any  use 
towards  our  information  that  we  may  be  able  to  lay  an  accurate  account 
of  what  has  happened  before  the  Queen  if  her  Majesty  should  require  it 
of  us. 

Mr  Danson  brought  in  the  account  of  the  sale  of  Five  Barrels  of  rice 
shipt  by  Gift  upon  the  Mary  Gaily  Win.  Holvdav  Master  neat  proceed 
being  £105.  1.1.  which  money  was  brought  into  the  Board — 

Out  of  which  was  paid 


Edward  Crisp 

£10. 

15s.  0d 

Lord  Carteret. 

13. 

7.  0 

Lord  Craven. 

1 3. 

7.  0 

Sr  John  Colleton 

13. 

7.  0 

Jn°  Danson. 

13. 

7.  0 

Received  the  sum  of  £13.  7.  0 of  Sr  Fulwar  Skipwith  for  the  use  of 
my  Lord  Craven. 


[From  the  Vestry  Book  of  St.  Paul’s  Parish,  Chowan  Precinct.] 


At  a Vestry  held  at  the  Honobl“  the  presidents.  Febry  y°  (jth  1 7 — 
Whereas  there  is  no  Constable  appointed  for  the  lower  District  of  the 
North  Shore  from  Edward  Standing’s  lower  down  the  precinct,  the 
Church  Wardens  or  either  of  them  are  hereby  impowered  to  hire  a tit 
person  to  take  a List  of  the  Tythables  within  the  said  District  and  after 
having  received  all  the  several  Lists  of  all  the  Districts  within  this  pre- 


cinct to  assess  and  collect  or  cause  to  be  collected  the  aforesaid  sum  of 
forty-five  pounds  and  the  additional  Charge  for  collecting  the  same  to  be 
raised  equally  ^ pole. 

Item  that  whereas  the  Honob,e  Thomas  Peterson  Esqr  and  Mr  Thomas 
Luten  have  not  been  able  to  take  and  receive  Mr  Moseley’s  the  late 
Church  Warden’s  account  of  his  said  office,  according  to  the  order  of  the 
last  Vestry.  It  is  hereby  ordered  that  they  demand  and  take  and  lay 
the  same  before  the  next  Vestry. 

THOS  PETERSON  Church  Warden 
JOHN  BIRD 
SAML  RATCHET 
LEONARD  LOFTEN 
WILLIAM  DUCK  ENFIELD 


EDWARD  HYDE 
THOS  POLLOCK 
JOHN  URMSTON  MISS'7 
THOS  LEE  Church  Warden 
JOHN  WALKER 


THOS  LUTEN 


101 


COLONIAL  It  KOOK  ON. 


x;}  l 


[B.  lJ.  K.  ().  B.  'I'.  Virginia.  Vol.  13.  ().  120— Extract.] 


COLON'LL  SPOTSWOOl)  TO  TIIK  BOARD  OF  TRADE  Xth 

FEBRUARY  17-J-J-. 

My  Lords, 

* * * * 

* * * * 

At  present  the  danger  seems  much  more  to  threaten  North  Carolina 
where  the  Indians  daily  gather  strength,  and  have  already  besieged  a 
Party  of  the  Inhabitants  in  a small  Fort  they  had  built  for  their  Pro- 
tection. The  distractions  among  themselves  give  the  Indians  all  the 
opportunity's  they  could  wish  of  destroying  them,  for  as  our  Burgesses 
for  their  private  Interest  have  disappointed  all  means  of  defending  this 
Country,  so  those  of  Carolina  on  a worse  principle  have  resolved  to  sac- 
rifice the  Province  to  their  own  private  resentments,  and  because  they 
cannot  introduce  into  the  Government  the  persons  most  obnoxious  for 
the  late  Rebellion -and  Civil  war,  they  will  make  no  provision  for  defend- 
ing any  part  of  the  Country,  and  are  now  likewise  dissolved  without 
doing  anv  business.  The  Baron  de  Graffenried  being  obliged  while  he 
was  prisoner  among  the  Indians  to  conclude  a neutrality  for  himself  and 
the  Palatines  lives  as  yet  undisturbed,  but  is  sufficiently  persecuted  by 
the  people  of  Carolina  for  not  breaking  with  the  Indians  tho  they  will 
afford  him  neither  provisions  of  war  or  victuals  nor  any  assistance  from 
them  : he  has  always  declared  his  readiness  to  enter  into  the  war  as  soon 
as  he  should  be  assisted  to  prosecute  it ; but  it  would  be  madness  to  ex- 
pose his  handful  of  people  to  the  furv  of  the  Indians  without  some  better 
assurance  of  help  than  the  present  Confusions  in  that  Province  gives  him 
reason  to  hope  for,  since  the  Indians  would  soon  either  entirely  destroy 
that  settlement  or  starve  them  out  of  the  place  by  killing  their  stocks  and 
hindering  them  from  planting  Corn  In  the  mean  time  the  people  of  Car- 
olina receive  great  advantage  by  this  neutrality,  for  by  that  means  the 
Baron  has  an  opportunity  of  discovering  to  them  all  the  designs  of  the 
Indians,  tho’  he  runs  the  risque  of  paying  dear  for  it,  if  they  ever  come 
to  know  it.  This  makes  him  so  apprehensive  of  his  Danger  from  them, 
and  so  diffident  of  help  or  even  justice  from  the  Government  under 
which  he  is  that  he  has  made  some  offers  to  remove  to  this  Colony  with 
the  Palatines,  upon  some  of  her  Majesty’s  lands,  and  since  such  a num- 
ber of  people  as  he  may  bring  with  him  what  he  proposes  to  invite  over 
from  Switzerland  and  Germany  will  be  of  great  advantage  to  this  Coun- 
try, and  prove  a strong  Barrier  against  the  Incursions  of  Indians  if  they 


COLONI A L R ECORDS. 


835 


were  properly  disposed  above  our  Inhabitants,  I pray  your  Lordships 
directions  what  encouragements  ought  to  be  given  to  this  Design  either 
as  to  the  quantity  of  land  or  the  terms  of  granting  it.  Your  Lordships 
will  also  be  pleased  to  instruct  me  as  to  the  settlement  of  a great  number 
of  the  other  Inhabitants  of  North  Carolina  who  I understand  design  to 
remove  hither  for  protection. 

I beg  leave  to  represent  to  your  Lordships  the  necessity  of  some  speedy 
orders  for  this  Colony  Maryland  and  Carolina  to  assist  each  other  in  case 
either  be  attacked,  and  if  your  Lordships  shall  think  fitt  to  propose  this 
to  her  Majesty,  I humbly  offer  that  the  regulation  of  that  assistance  may 
not  be  left  to  the  precarious  humour  of  an  Assembly,  but  that  your  Lord- 
ships  will  be  pleased  to  consider  of  some  more  proper  method  for  rendring 
it  effectuall.  I should  have  sent  ’ere  now  an  account  of  the  stores  of  war 
in  this  Country ; but  considering  those  accounts  have  been  transmitted 
both  by  Coll:  Nott  and  Mr  President  Jenings  and  none  otlrer  sent  hither 
since,  I thought  it  needless  to  trouble  your  Lordships  with  an  account 
which  would  contain  only  the  same  thing  without  any  alteration  except 
as  J have  already  intimated  to  vour  Lordships  the  powder  is  much  more 
wasted  and  decayed  than  it  was  then. 

I am  with  all  due  respect 
My  Lords 

Your  Lordships 

Most  dutifull  and  most 
Obedient  Humble  Servant 

A.  SPOTSWOOD. 


Virginia  Febry  18th  1711. 

(Endorsed) 
Recd  14th  April  \ 
Read  11 1,1  Deer  j 


17P2. 


[From  Calendar  op  Virginia  State  Papers.  Yol.  1 r.  154.] 

PETITION  FROM  X USE  RECED  FEBRUARY  16  1712. 

V ERGEN EV  Is: 

To  y*  Right  Honrabl*  Allexander  Spottswood,  her  Majesteys’  Leftenant 
Gouvevnour  of  v°  I’d  Collony,  and  v*  licit  of  y*  molt  Hon1'1*  Councill 
of  State — 

The  humble  pe’tion  of  y*  pore  Diltreil’ed  inhabitance  of  Nuse  River 
in  * * * Countev  in  North  Carrolina  molt  humblev 

Sheweth  vr  Ex  ellencv — 


COLONIAL  RECORDS. 


8:10 


That  wharas  there  hath  by  y*  permition  of  Allmighty  God  for  our  fins 
and  Disobedience:  Lin  a molt  honed  Mafsecre  Committed  bv  y®  tul'ka- 
rora  Indans  upon  her  Majestys’  pore  Subjects  in  v®  sd  : j>rovinceof  North 
Carrolina,  And  we  her  Majestys’  pore  Subjects  who  by  gods’  providence 
have  survived,  are  in  Continuall  Dread  and  Do  suffer  Day  ley  Deftruc- 
tion  in  our  stocks  and  horses  and  fencing  being  burn’d — which  if  not 
speedally  prevented,  we  muff  all  Likewil'e  Perrifh  with  our  breathern, 
for  wee  have  not  forse,  nor  Indeed  any  speedy  care  taken  to  prevent  it 
in  our  Country — But  for  as  much  as  we  are  her  Majesteys’  Subjects,  and 
Ready  at  all  times  to  be  obfervant  to  her  Majestys’  Royal  Commands  : 
We  do  theirfore  with  one  voyse,  Knoweing  yor  Excelancys’  Care  and 
parternol  Tendernels  towards  all  her  Majesteys’  Subjects,  molt  Humbley 
beseech  and  Implore  yor  Honr  as  von  tender  the  wcllfer  of  her  Majestys’ 
pore  Subjects,  forthwith  to  send  to  our  Releafe  fum  Confiderablo 
forse  of  men,*  armes  and  ammunition  to  Detect  y®  Barbarous  Infolency 
of  thole  Rebclous  Rogues,  and  as  for  provision,  we  ar  Ready  to  y®  utter- 
moll  of  our  abilety  to  all’ ist  v*  armey  Ifyr  Exellency  pleases  to  lend  them — 
which  wee  f hall  Dayley  Pray  for:  So  hoping  yr  Exellency  will  take 

into  yT  sage  Confideration  our  Deftreffed  Condition,  we  yr  pore  petion- 
ers,  as  in  Deuty  bound  fhall  Ever  Pray — 

THOS:  DAWSON— 

FRA:  HILL 
ROGER  HILL 
FARNIFOLD  GREEN 
TIL  WELSON 
JAMES  BLOUNT 
ADAM  FFERGISON 
ADAM  FFERGISON  Jxn : 
ROB1  WATTSON 


BENJ : SIMSON 
JNO : GEORGE 

WILL:  * * 

WILLIAM  HANCOCK 
JOHN  SLOCUM 
MART  AIN  HOPKINS 
WILL:  PRICE 
RICD  HILL 
ROB1  BRUSE 

and  many  others — 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol.  08. — Extracts.] 


JOURNAL  OF  THE  VIRGINIA  COUNCIL 

At  a Council  held  at  the  Capitol 

the  :10th  day  of  February  1711  (-12.) 
On  reading  at  this  Board  a petition  of  the  Inhabitants  of  Neuse  Jliver 
in  North  Carolina  representing  the  deplorable  State  to  which  they  arc 
reduced  by  the  Indian  Enemy  their  houses  and  plantations  burnt;  their 


COLONIAL  RECORDS. 


837 


Stocks  destroyed  and  they  forced  to  betake  themselves  to  Garrisons  for 
their  defence  where  they  will  soon  be  in  danger  of  starving  for  want  of 
necessarys  and  unable  to  defend  themselves  without  speedy  succour  of 
men,  arms  and  Ammunition,  and  praying  Relief  therein  from  this  Gov- 
ernment, The  Council  taking  the  said  petition  into  consideration  are  of 
Opinion  that  if  the  Treaty  made  with  the  Tuscaruro  Indians  take  effect, 
The  petitioners  will  be  relieved  without  other  assistance  from  this  Gov- 
ernment which  cannot  well  be  afforded  at  present  by  reason  of  the  low 
state  of  the  publick  Revenue  That  since  the  time  for  the  execution  of 
the  said  Treaty  on  the  part  of  the  Tuscaruros  is  so  near  The  Governor 
of  North  Carolina  be  exhorted  to  assist  the  pet™  with  provisions  and 
ammunition  to  defend  their  Garrisons  till  the  Event  of  the  said  Treaty 
and  that  in  order  to  encourage  the  petitioners  to  defend  themselves  a 
Copy  of  the  said  Treaty  be  sent  to  the  Commanders  of  the  Garrisons  in 
Nouse  that  they  may  see  what  care  this  Government  hath  already  taken 
for  their  Relief  and  to  assure  them  that  further  measures  will  speedily 
be  entered  into  for  quickening  tin*  Tuscaruros  to  perform  their  engage- 
ments, and  Mr  Farguson  and  Mp  Graves  who  were  deputed  by  the  In- 
habitants of  Xeuse  to  present  the  aforesaid  petition  were  called  in  and 
acquainted  with  these  Resolutions. 


[ H.  P.  R.  O.  R.  T.  Va.  58.] 


Nonth  Carolina  s«. 

To  the  llonble  Alexander  Spotswood  her  Ma  jest  vs  Lieutenant  <fe  Gov- 
ernor General  of  Virginia. 

The  address  of  the  President  and  Council,  the  Speaker  and  Members 
of  the  House  of  Burgesses  of  the  Government  of  North  Carolina. 

The  great  concern  which  vour  Honour  has  always  expressed  for  this 
distressed  Government  lays  us  under  the  greatest  Obligations  imaginable 
We  cannot  sufficiently  make  those  suitable  Returns  of  Gratitude  to  your 
Honour  as  are  truly  due  to  you  for  your  generous  care  of  us  when  your 
friendly  mediation  to  compose  the  unfortunate  differences  that  lately  were 
among  u>.  But  when  we  were  more  sensible  afflicted  by  the  inhuman 
barbaritys  of  the  Indians  to  divers  of  the  Inhabitants  of  this  Govern- 
ment to  the  almost  depopulating  a whole  County,  our  whole  dependence 
was  on  the  Relief  we  expected  from  your  Hon1'  what  pains  and  care  your 
Honr  took  for  us  we  are  not  altogether  ignorant  of  And  we  take  this 


COLONIAL  RECORDS. 


occasion  to  return  your  IIonr  our  hearty  thanks  for  the  same.  We  are 
very  sorry  that  so  generous  a design  as  your  Honour  had  formed  in  our 
favour  should  meet  with  so  much  difficulty  as  to  render  those  endeavours 
at  that  time  for  our  safety  unsuccessful!. 

But  we  are  too  deeply  affected  with  the  Reasons  as  not  to  be  sensible 
that  it  partly  proceeded  from  the  misunderstandings  among  ourselves  or 
the  little  hopes  or  encouragement  your  Government  could  have  in  expec- 
tation of  a people  not  seeing  their  own  danger,  or  at  least  not  affected 
by  it. 

We  should  be  unjust  to  ourselves  if  we  did  not  own  that  you  even 
sought  our  safety  before  we  could  well  ask  your  assistance  and  how  dif- 
fusive afterwards  was  your  care  is  fully  evident  from  the  scheme  you  laid 
to  work  our  deliverance. 

Our  present  Circumstances  are  such  at  this  time  as  obliges  us  to  be 
humble  suitors  to  your  Honr  for  an  auxilary  Force  of  200  men  with  all 
the  dispatch  your  Honour  can  possibly  send  to  our  assistance  the  men  of 
this  Government  so  little  inured.to  arms  makes  us  find  the  great  want  of 
Resolutions  in  them  being  either  too  unwilling  or  too  tender  for  bold  ser- 
vice, the  ineonveniency  of  which  can  only  be  repaired  by  those  succours 
beg’d  of  your  Honour  who  live  under  the  happy  influences  of  your 
administration  as  well  as  under  the  strictness  of  vour  good  discipline. 

The  great  hopes  we  promise  ourselves  from  this  is  the  unanimous  pro- 
ceedings of  this  Assembly  which  raised  <£4000  by  which  not  only  our 
men  but  the  succors  of  our  neighbours  will  be  provided  for. 

It  is  no  little  satisfaction  to  find  that  people  are  come  to  a better  under- 
standing or  at  least  to  a juster  sence  of  their  danger  and  we  could 
promise  ourselves  in  this  juncture  of  time  the  assistance  we  pray  for  as  an 
encouragement  to  our  Resolutions  and  as  a support  in  that  part  we  are  so 
defective  in  for  the  want  of  them. 

Wo  shall  not  be  wanting  in  representing  to  the  Lords  Proprietors  the 
favours  we  have  received  from  you  in  the  midst  of  all  our  difficultys  the 
readiness  you  have  on  all  occasions  expressed  in  the  taking  care  of  her 
Majestys  subjects  which  proclaims  the  great  W isdom  of  her  Majesty  in 
the  choice  of  a person  of  so  high  merit  and  that  has  rendered  himself  so 
universally  dear  to  all  his  neighbours  and  especially  those  of  this  Gov- 
ernment. 


THO:  SNODEN  Speak' 
FRED:  JONES 
THO:  HARDING 
EDW:  MOSELEY 


EDWARD  HYDE  Prest 
JOHN  RET 

EDWARD  SM ETH WICK 
Wr'"  LINTON 


COLONIAL  RECORDS. 


839 


J NO:  STEPNEY 
THO:  LUTON 
JNO:  BYRD. 

THO:  TAYLOR. 
ELAXANDER  SPENCE 
JOHN  HARDY 


W LUFMAN 
(JR  A FFENRIED 
N CHE V IN 
\Vm  REED 
THO:  PETERSON 


[H.  P.  K.  ().  B.  T.  Virginia.  Vol.  41.  p.  442.] 


COLL:  SPOTSWOOD  TO  THE  LORDS  OF  TRADE. 


May  8th  1712. 

My  Lords. 

******** 

As  to  the  proceedings  in  settling  the  Boundaries  with  Carolina  of  which 
vour  Lordships  desire  an  Account  in  vour  letter  of  the  22nd  of  Novem- 
ber I have  writ  sundry  times  to  the  Governor  of  that  Province  to  appoint 
Persons  for  adjusting  thereof,  but  he  tells  me  he  has  received  no  directions 
therein  from  the  Lords  Proprietors  so  that  your  Lordships  will  be  pleased 
to  consider  of  some  further  means  to  quicken  the  Proprietors  to  put  a 
speedy  end  to  this  dispute. 

We  continue  still  under  the  apprehensions  of  being  attacked  bv  the 
Indians  for  notwithstanding  the  Government  of  South  Carolina  sent  a 
body  of  700  of  their  Indians  commanded  by  <01111'  officers  of  that  prov- 
ince to  the  assistance  of  the  People  of  North  Carolina,  and  that  about 
the  latter  end  of  last  January  they  fell  upon  some  Towns  of  the  Tusca- 
ruros  with  pretty  good  success.  Yet  after  this  first  rencounter  near  500 
of  them  deserted  so  that  their  commander  did  not  find  himself  in  a con- 
dition to  improve  the  consternation  into  which  that  sudden  eruption  had 
put  the  enemy,  and  in  his  next  attempt  upon  one  of  their  Forts  he  was 
forced  to  draw  off  with  considerable  loss,  however  this  seasonable  suc- 
cour put  new  life  into  the  people  of  that  Province  and  a new  assemble 
being  called,  passed  an  Act  to  raise  4000 1 for  prosecuting  the  war  against 
the  Indian  Enemy  and  because  they  could  not  raise  a sufficient  body  of 
men  in  that  Province  where  the  Quakers  make  a great  number  of  the 
Inhabitants,  they  made  application  to  me  for  an  assistance  of  200  men 
from  this  Colony.  The  apparent  danger  to  which  her  majestvs  subjects 
there  were  exposed,  more  especially  by  the  Indian'  gathering  fresh  cour- 
age upon  the  repulse  they  had  given  the  South  Carolina  Forces,  together 


COLONIAL  RECORDS. 


S ID 


with  tlic  just  grounds  there  appeared  to  Relieve  that  the  whole  Tusearuro 
Nation  were  confederated  with  those  concerned  in  the  Massacre,  not  only 
from  their  failing  to  perform  any  one  of  the  Engagements  they  had  en- 
tered into  with  this  Government ; Rut  the  trifling  excuses  they  made  for 
that  failure  at  their  coming  in  to  me  in  March  last,  and  the  discoveries  of 
their  intreagues  to  seduce  our  Tributary  Indians  to  join  with  them,  were 
sufficient  motives  for  agreeing  to  the  assistance  desired  Rv  Carolina  as  the 
most  probable  means  to  divert  the  storm  from  our  own  Frontiers,  so  that 
upon  a full  debate  in  two  several  1 Councils,  I had  the  unanimous  advice 
of  the  whole  Council  to  send  100  men  of  our  1 nhabitants  and  100  of 
our  Tributary  Indians  to  the  assistance  of  Carolina:  And  because 

the  Assembly  had  left  me  no  Fund  to  answer  such  an  occasion 
and  that  there  remained  nothing  in  Bank  upon  the  Revenue  of  2"  jjjl  hhd. 
there  was  a necessity  to  defray  the  Charge  of  this  Expedition  out  of  her 
Majesty’s  Revenue  of  Quit  Rents  since  the  necessity  was  so  pressing  a> 
would  not  admit  of  the  Forms  of  calling  an  Assembly  and  the  delays 
incident  to  their  proceedings  but  it  was  also  agreed  to  demand  of  the 
Government  of  Carolina  to  enter  into  a previous  engagement  in  behalf 
of  the  Lords  Proprietors,  that  whatever  sum  should  be  employed  for  this 
service  out  of  her  Majtys  Quit  Rents  should  be  refunded  by  the  Lords 
Proprietors,  if  her  Majesty  thought  fit  to  demand  it,  as  being  more  im- 
mediately employed  for  the  protection  of  their  Government.  I ’pon  this 
I proceeded  to  appoint  the  Rendevouze  of  the  soldiers,  and  desired  a 
conference  with  the  Governor  of  North  Carolina  for  the  better  carrying 
on  this  service,  but  at  my  meeting  him  he  told  me  with  great  concern, 
that  the  Commander  sent  from  South  Carolina  had  without  his  knowl- 
edge clapt  up  a peace  with  the  Indians  upon  very  unaccountable  condi- 
tions at  a time  when  he  had  reduced  one  of  their  most  considerable  Forts 
to  the  last  Extremity  and  could  not  have  missed  taking  it  in  a few  hours, 
nor  of  breaking  entirely  the  power  of  that  enemy,  if  he  would  have 
waited  the  arrival  of  the  succours  from  hence,  and  the  Force  then  raising 
in  North  Carolina  to  jovn  him.  This  weakness  in  the  conduct  of  their 
affairs  together  with  a more  unaccountable  obstinacy  in  the  Council  of 
that  Province  in  refusing  to  submit  to  her  Majestys’  Determination  the 
repayment  of  the  mony  disbursed  here  for  their  assistance  or  of  fur- 
nishing so  much  as  Provisions  for  the  Forces  sent  from  hence  is  as  great 
a discouragement  to  their  Neighbours  a-  t is  encouraging  to  the  Heathen 
who  are  not  such  fools  as  not  to  perceive  their  weak  efforts  in  carrying  on 
the  war  as  well  as  their  easiness  in  making  Peace.  And  it  happened 
very  luckily  on  this  occasion,  that  1 had  not  entered  any  of  the  soldiers 


COLONIAL  RECORDS. 


841 


of  this  Government  in  Pay,  before  I knew  of  this  event,  so  that  all  that 
expence  is  saved,  and  I have  now  nothing  more  to  think  of  than  the 
defepding  onr  own  Frontiers  against  the  inroads  of  the  Tuscaruroes 
whereas  they  find  themselves  in  a condition  to  break  this  peace,  which 
nobody  believes  will  be  long  lived. 

* * * * * * 


My  Lords 

Your  Lordships 

most  dutiful  <fc  most  obedient 

humble  servant 


Virginia.  May  8th  1712. 


A.  SPOTS  WOO  I). 


[Council  Journal.] 


Att  a Councill  holden  at  v®  house  of  the  HonbIC  Edwrd  Hyde  Esqr  in 
Chowan  on  ffriday  the  ninth  day  of  may  Ano  Dui  1712 
Present  the  Honble  Edwd  Hyde  Esqr  Presid1  &c 
f Tho®  Pollock  V 

The  Honbk  | Tho^Boyd'  '11  f L,lS  1>ro P*"  DePty‘ 

I Willm  Reed  j 

The  Honble  Edwd  Hyde  Esqr  presented  to  this  Board  a ('omission  from 
his  Excellcy  the  most  noble  Henry  Duke  of  Beaufort  & Pallatiue  & y® 
rest  of  the  true  and  absolute  Ld*  Prop4™  of  Carolina  under  their  great 
Seale  bearing  Date  the  24  day  of  Janry  A"0  D"‘  1711-12  thereby  Con- 
stituteing  & appointing  him  y®  Said  Edwd  Hyde  Es(jr  to  be  Govr  Cap4 
Gen"  Adm“  Comandr  in  Chiefe  of  that  part  of  y®  province  of  Carolina 
that  lyes  N°  & E4  of  (’ape  ffeare  Called  N°  Carolina  which  Comission 
was  read  published  & Ordered  to  be  recorded  And  then  v®  said  Edwd 
Hyde  Esqr  tooke  and  Subscribed  y®  Severall  ( lathes  by  Law  appointed 
to  be  taken  for  his  quallification  together  with  ye  Oat  lies  for  y®  due  ob- 
servation of  ye  Laws  of  Trade  And  then  tooke  place  at  ye  Board  pursu- 
ant to  y®  atsd  Comission 

Att  a Councill  holden  at  v®  afsd  tyme  & place 

Present  Honbl®  Edwd  Hyde  Esq1  Govr  Cap4  Gen11  Adm"  Comdr  in 
Chiefe 


The 


Honhl® 


| Tho®  Pollock 
I Nath  Chevin 
i Tho®  Boyd 

[ \\  m Reed 
102 


Lds  prop4™ 


1 VptT* 


COLONIAL  RECOUPS. 


8 12 


The  Honbl®  the  Govr  haveing  published  his  (omission  as  ahoves'1 
l(  is  ordered  tliat  a proclamation  Doe  Issue  out  in  y®  following  words 
(Viz)  By  the  Honbl®  the  Governr  & Council  a prodamacon  # 

Whereas  the  lion1,10  Edwd  Hyde  Esqr  haveing  this  day  duly  published 
a Co  mission  to  him  directed  from  his  Excclley  the  most  noble  Hcnrv 
Duke  of  Beaufort  pallatine  and  y®  rest  of  v®  true  & absolute  Lds  prop4” 
of  Carolina  under  their  great  Seals  bearing  Date  y®  24th  day  of  Jan,y 
Ano  Dni  1711-12  thereby  appointed  him  y®  Said  Edwd  Hyde  Esqr 
to  be  Govr  Capt.  Gen"  & Adm"  of  X°  Carolina  and  haveing  quallifyed 
h i nisei  fe  acc< ml  i ugly — 

Wee  do  therefore  by  this  our  proclamation  Strictly  require  and 
Comand  all  her  Matyes  Loveing  Subjects  within  this  Governm4  to  render 
their  Due  obedience  to  our  Soveraign  Lady  y*  Queen  and  y®  Governm4 
as  it  is  Established  under  her  by  virty  of  Of  v®  afsd  Comission  And 
wee  doe  hereby  further  Declare  all  Comissions  both  millitarv  and  Civil] 
and  all  process  now  depending  in  any  of  y®  Courts  of  Judicature  in  this 
Govern m4  are  and  shall  stand  & be  in  full  force  untill  farther  orders 
from  this  Board  or  from  the  Honbl®  the  Governm4  Given  under  our 
hands  and  y®  Seale  of  this  Collonv  this  9th  day  of  May  Ano  Dni  1712 
The  Honble  Co"  Thos  Pollock  presented  to  this  Board  a Deputation 
under  y®  hand  and  Seale  of  v®  right  Honbl®  Jn°  Lord  Carteret  one  of  the 
true  and  absolute  Lds  Prop4™  of  Carolina  thereby  appointing  him  y*  Said 
Co11  Thos  Pollock  to  be  his  Deputy  in  X®  Carolina  which  was  read  allowed 
of  and  Ordered  to  be  recorded  And  then  y®  said  Tho®  Pollock  tooke  and 
Subscribed  the  Severall  Oathes  by  Law — appointed  to  be  taken  for  his 
quallification  and  tooke  his  place  at  v®  board  accordingly. 

The  HonbI®  Lieuten4  Co"  Tho8  Boyd  presented  to  this  Board  a Depu- 
tation und*  v®  hand  and  Seale  of  Sr  ftulwar  Skipwith  Barr4  Guardian  to 
v®  Right  Honbl®  the  Ld  Craven  One  of  the  true  and  absolute  Lds  prop4™ 
of  Carolina  thereby  appointing  him  to  be  Dep4y  to  v®  Said  Ld  Craven 
And  v®  same  was  read  allowed  of  & Ordered  to  recorded  And  then  y® 
Said  Co"  Tho8  Boyd  tooke  and  subscribed  the  severall  Oathes  by  Law 
appointed  to  be  taken  for  his  quallification  and  tooke  his  place  at  y® 
Board  accordingly 

Tobias  Knight  Es(jr  presented  to  this  Board  a Comission  from  his 
Excel  Icy  the  most  noble  Henry  Duke  of  Beaufort  Palatine  and  the  rest 
of  the  true  and  absolute  Lds  prop4”  of  Carolina  thereby  appointing  him 
v®  Said  Tob8  Knight  to  be  Sec4y  of  this  Governm4  of  N°  Carolina,  And 
another  Comission  under  y®  hand  and  Seale  of  the  Honble  Co"  Robert 
Quarry  Survey1  Gen"  of  her  Matyes  Custoraes  in  v®  Southern  district  of 
v®  Continent  of  America  thereby  appointing  him  v®  Said  Tob8  Knight  to 


COLONIAL  RECORDS. 


8 lb 


be  Collect1,  of  her  Matves  Costumes  in  Corratuek  district  both  which  was 
read  allowed  of  and  ordered  to  be  recorded.  And  then  the  Said  Tobias 
Knjght  tooke  and  subscribed  the  several  1 Oathes  appointed  to  be  taken 
for  this  quallification. 

Then  this  Board  adjourned  until!  to  morrow  inorne  8 of  clock 
Saturday  inorne  8 of  Clock  this  Board  mett  again  present  id  Supra 
The  HonbIe  the  Govr  having  Coninnieated  to  this  Board  a Letter  from 
ye  Govr  of  Virga  Contevneing  proposalls  made  bv  that  Govern  m*  to  this 
for  raiseing  Stores  to  Carry  on  the  warr  ag*  ye  Indvans  It  is  ve  oppinion 
of  this  Board  that  y®  Same  be  Laid  before  ye  Assbly  att  v®  next  Session 
for  their  Consideration 

The  Honbl®  Edwd  Hyde  Esqr  haveing  published  a New  Comission  for 
this  Governm*  it  is  thought  titt  that  a proclamation  Doe  Issue  out  for 
dissolveing  ,y®  present  Assembly  in  y®  following  words  (viz) 

By  the  Honbl®  the  Govr  A Couneill  a proclamation 
Wlieareas  this  present  Assembly  stands  prorogued  by  our  proclamation 
to  y®  22d  day  of  this  Instant  may  and  it  being  thought  titt  for  divers 
weighty  reasons  that  y®  same  be  dissolved  Wee  doe  by  this  our  procla- 
mation Dissolve  ye  said  Assembly  and  it  is  hereby  dissolved  Given  under 
our  hands  and  v®  Seale  of  y®  Collonv  this  the  10th  day  of  May  A"°  IV" 
1712 

Whereas  it  dos  a p pea  re  to  this  Board  by  divers  concurring  Informa- 
tions that  Maj'  Gen"  Barnwell  has  been  very  remiss  in  v®  Execution  of 
his  trust  reposed  in  him  by  this  Govern m1  ag*  v®  Indvans  It  is  ordered 
that  if  upon  Examination  he  bee  found  Guilty  thereof  that  a representa- 
tion thereof  be  drawn  up  by  this  Board  A that  he  be  Charged  therewith 
before  v®  Governm*  of  So  Carolina  by  Sum  agent  to  Ik*  sent  thither  for 
that  purpose 

This  Board  takeing  into  their  Consideration  y®  Eminent  danger  the 
Inhabitants  of  this  Government  Still  Ives  u ml r from  ye  Indvans  espe- 
cially those  of  pamlico  and  Xuse  Wherefore  it  is  ordered  by  this  Board 
that  a Commander  and  thirty  men  be  constantly  kept  in  y®  tlbrt  at  Cow- 
Towne  called  Hyde  tlbrt  untill  further  order  and  that  ten  men  be  con- 
stantly Kept  at  y®  Garrison  at  Mr  Readings  on  pamptieough  as  a Barrier 
and  Safeguard  to  v®  Inhabitants  on  and  about  those  two  Rivers  and  that 
they  observe  and  Hollow  Such  Instructions  and  orders  as  they  shall  re- 
ceive from  tyine  to  tymo  from  ve  Honbl®  v®  Govern' 

This  Board  takeing  to  their  Serious  Consideration  y®  great  want  of 
ainunition  as  well  to  prosecute  y®  Warr  ag*  v®  Indvans  As  to  maintayn 
v®  Garrisson  appointed  for  a Safe  Guard  to  v®  County  of  Bath  and  for 
as  much  as  vc  assemble  Cannot  possible  meet  tymo  enough  to  Consult  of 


8 1 1 


COLONIAL  RECORDS. 


and  Assent  to  Such  Measures  as  may  be  thought  titt  to  suply  y®  present 
necessity  therein  It  is  Ordered  by  this  hoard  yl  IIonble  the  Gov"  he 
hereby  1 in  powered  to  make  Such  Contracts  and  Agreemu  on  behalfj  of 
y®  Country  wth  any  person  in  Virg*  or  elsewhere  as  he  shall  think  neces- 
sary for  amunition  A that  he  make  report  of  his  proceedings  therein  to 
y®  next  Assbly  for  their  Concurrence  thereto — 

Upon  petition  of  Jn°  Hardy  showing  that  a tract  of  Land  formerly 
Granted  to  Jn°  Bird  on  Ivesiah  river  is  Lapsed  for  want  of  Seating  A 
pray’s  that  ye  Same  may  he  granted  to  him — 

Ordered  that  y®  Said  petition  he  refered  to  v®  next  Council! 

Upon  petition  of  Edwd  A Willm  Bird  showing  that  a tract  of  Land 
formerly  granted  to  Jn°  Bird  upon  Cashoke  is  lapsed  for  want  of  Seate- 
ing  and  p ray’s  y®  Same  may  he  granted  to  them 

Ordered  the  y®  Said  Land  he  granted  to  v®  Said  petition”  as  pray’d 
By  Order  of  Govr  A Council] 

T KNIGHT  Secty 


INSTRUCTIONS  FOR  Y®  HONbl®EDWd  HYDE  ESQ' GOVERN' 
OF  NORTH  CAROLINA 

\ 

You  are  with  our  Council  to  consider  how  y®  trade  of  y*  part  of  our 
Province  committed  to  your  Care  may  be  by  the  most  proper  and  legal! 
means  promoted  and  advanced  A how  the  severall  useful!  A Profitable 
manufactures  already  settled  in  y‘  sd  part  of  our  Province  may  he  further 
improved  A how  A in  what  manner  new  A profitable  manufactures  may 
he  introduced  and  you  are  also  to  consider  of  the  best  and  A most  effec- 
tual means  to  Establish  y®  ffishery  of  our  sd  Province  & what  Enconr- 
agem‘  is  proper  for  11s  to  give  to  increase  the  same 

You  are  from  time  to  time  to  make  a representation  touching  y®  prem- 
ises to  us  as  y®  nature  of  the  business  shall  require  which  sd  representa- 
tions are  to  he  in  writings  A are  to  he  signed  by  you  A y®  major  part  of 
the  Council] 

You  are  to  take  care  v1  all  acts  of  assbly  y‘  have  been  confirm’d  by  us 
or  our  Predecessors  be  fairly  wrote  out  and  transmitted  to  us,  by  y®  first 
opportunity  A you  are  to  examine  into  A weigh  such  acts  of  Assblys  as 
shall  from  time  to  time  he  sent  or  transmitted  hither  for  our  approbation 
A to  set  down  A represent  as  afsd  the  misfortune  A mischief  thereof  to 
her  Majy  Imperial  Crown  of  Great  Britain  to  our  Province  its  self  or  to 
our' Jurisdiction  A power  Granted  to  11s  by  the  Royal  1 Charter  in  Case 
Such  Laws  should  he  confirm’d  A Established  by  us  A to  consider  which 
matter  mav  be  recomended  as  fit  to  be  passed  in  y®  Assblys  there 


COLONIAL  RECORDS. 


845 


You  are  to  enquire  into  A transmitt  to  us  an  ace1  of  all  the  moneys 
that  have  been  Given  for  Publick  uses  by  v®  Assblys  in  Our  Province  A 
how  ye  Same  are  & have  been  Expended  or  laid  out  & what  Persons  do 
A how  A by  whom  they  are  Im powered  to  Receive  the  same 

You  are  by  & with  the  advice  A Consent  of  any  four  or  more  of  our 
Deptys  to  adjourn,  prorogue  & Dissolve  the  General  Assblys  as  often  as 
you  shall  think  requisite  so  to  do  And  that  there  may  be  no  Interuption 
or  Delay  in  matters  of  Prosecution  and  Execution  of  Justice  in  our 
Courts  of  Judicature  within  our  sd  Province  by  the  Death  or  removal  of 
any  of  our  Officers  Employ’d  therein  untill  we  can  be  advised  thereof 
(which  advice  you  are  to  transmitt  to  us  ve  first  opportunity)  you  are  to 
appoint  others  to  Succeed  in  there  places,  & von  shall  make  Choice  of 
Persons  of  known  Loyalty  Experience  Diligence  A Fidelity  to  be  Em- 
ploy’d for  the  purposes  afod  untill  you  shall  have  our  approbation  of  ym 
% or  Nomination  of  others  from  hence 

You  are  wth  y®  assistance  of  Anthony  Stafford  our  present  Receiver 
Gen"  to  take  and  inspect  the  ace< >u  of  Coltr  Tho*  Cary  who  has  recd  sev- 
eral of  chief  Rents  & other  our  money  for  the  perohase  of  our  Land  in 
yk  part  of  our  Province  under  your  Care,  after  you  have  audited  and 
approved  y°  Same  To  attest  y®  accots  according  to  ve  form  Given  to  pro- 
ceeding Gov"  & such  money  as  shall  be  received  for  ye  balance  of  Such 
aecots  you  are  to  take  particular  Care  yl  it  be  transmitted  to  us  with  what 
Convenient  Speed  you  Can,  according  as  shall  be  directed  by  us 

You  are  to  take  great  care  y*  the  Indians  be  not  abused  & Justice  be 
duly  administered  to  ym  in  our  Courts  A y*  you  Endeavor  vour  utmost  to 
Create  a firm  friendsp  with  ym  A bring  them  over  to  vour  part  for  your 
better  Protection  A Defence  against  the  Enemy  (the  neighboring  French 
& Spaniards)  against  whom  you  are  to  Protect  our  sd  Province  A wee 
assure  your  of  our  utmost  assistance  for  your  Security 

You  are  to  transmitt  to  us  as  soon  as  you  Can  Conveniently  get  it 
handsomely  transcribed  a full  & Exact  acco*  of  our  Yearly  Rents  what 
they  may  amount  to  in  the  whole  A the  particular  men  from  whom  due 
& what  from  each  man  also  what  has  been  received  bv  whom  and  how 
apply’d  & what  Land  to  whom  A for  what  sold 

You  arc  to  take  care  that  all  persons  may  be  admitted  to  Peruse  ye 
Publick  Records  of  our  Province  provided  they  make  such  Perusal  in 
the  place  where  the  same  are  Constantly  kept  & pay  the  Customary 
A usual  Fees 

Whereas  it  Did  plainly  appear  to  I s that  very  great  abuses  have  been 
Committed  in  our  Province  of  Carolina  bv  Exorbitant  A illegal  Grants 
of  Land  made  to  several  Persons  far  Exceeding  & Contrary  to  our  In- 


COLONIAL  RECORDS. 


846 


structions  given  upon  that  awn11  Whereupon  we  thought  it  proper  to 
Prohibit  all  sales  or  Grants  of  Land  except  Such  as  should  be  made  at 
our  Board  yl  at  your  Instance  A vve  being  willing  to  give  all  due 
encouragem4  to  such  planters  as  -hall  come  to  settle  there  we  have  Con- 
sented that  any  person  During  the  term  of  seven  year’s  next  ensueing  y* 
date  hereof  may  within  that  pail  of  our  Province  that  is  under  your 
Care  perehase  any  small  Quantity  of  Land  not  Exceeding  640  acres  Pay- 
ing the  purchase  money  to  our  Receiver  Gen11  at  y*  rate  of  2()c  Sterling 
for  each  100  acres  and  reserving  10d  Sterling  of  Great  Brittian  Yearly 
quitt-rent  of  every  hundred  acres  to  us  the  Ld®  prop4”  & Our  Heirs  for 
the  same 

We  do  recomend  to  you  in  the  most  particular  manner  ye  Considera- 
tions of  the  late  Troubles  & we  are  very  sorry  that  you  was  Compelled 
to  make  use  of  Violent  means  towards  the  support  of  y®  Govenm4  we 
hope  that  all  animosity  is  bv  this  time  Extinguish’d  and  y®  best  way  to 
keep  Quiet  is  to  show  all  Gentleness  to  those  that  were  deluded  and  as 
Little  Severity  to  those  who  more  deeply  concern’d  in  these  Disorders  as 
is  Consistent  with  Law  & Justice  It  must  of  necessity  have  happened 
y4  during  those  Commotion.-  Some  unfortunate  Persons  have  suffer’d 
much  in  their  Estates  we  desire  y4  Restitution  may  be  made  if  its  possi- 
ble to  the  full  but  if  that  cannot  be  as  far  as  you  can  & that  you  send 
us  as  Exact  an  Estimate  as  von  Can  make  of  the  sufferings  of  the  People 
whom  we  shall  always  Protect  to  the  utmost  of  our  Power  while  they 
preserve  the  Aleganec  to  the  Queen  & their  Duty  to  ns  y®  true  and  abso- 
lute Lords  who  represent  her  Majty  we  further  enjoyn  You  to  send  over 
to  us  all  the  evidence  that  can  be  of  any  use  towards  our  Information 
that  we  may  be  able  to  lay  an  accurate  acco4  of  what  has  happen’d  before 
the  Queen  if  her  Majty  shall  require  it  of  us 

And  lastly  we  do  require  You  our  sd  Govr  to  Execute  and  perform  all 
other  things  necessary  and  proper  for  Answering  our  Instructions  in  the 
premises  & which  shall  or  may  tend  to  y®  good  Govrm4  of  our  Province 
afsd 

Given  under  our  hand  & Seal  at  Craven  House  this  24th  day  of  Jan17 
Anno  Doni  17-^-J 


J MANLEY  for  v®  Duke 

. (X) 

of  Beaufort 

FULWAR  SKIPWITH 

(X) 

fr  Ld  Craven 

CARTERET 

(X) 

M ASHLEY 

(X) 

J COLLETON 

(X) 

COLONIAL  RECORDS. 


847 


[B.  1*.  K.  <).  B.  T.  Virginia.  Vol : 13.  O.  127 — Extracts.] 


COLONEL  SPOTSWOOD  TO  TIIE  BOARD  OF  TRADE 

Virginia  May  15th  1712. 

My  Lords, 

Having  in  my  letter  of  the  8th  of  this  month  inform’d  your  Lordships 
of  my  application’s  to  the  Governor  of  North  Carolina  to  appoint  Com- 
missioners for  setling  the  Boundarys,  and  the  constant  answer  he  made 
of  liis  want  of  directions  from  the  Proprietors,  I take  this  opportunity 
to  acquaint  your  Lordships  that  I have  since  seen  his  Instructions  sent 
lately  with  his  Commission,  but  do  not  find  the  least  mention  of  the 
Boundarys,  no  more  than  if  such  a controversy  had  never  been  depend- 
ing. 

I eannnot  ommitt  observing  to  your  Lordships  one  thing  in  those 
Instructions,  which  is  like  to  prove  very  prejudicial  to  this  Colony,  and 
that  is,  a power  given  by  the  Lords  Proprietors  for  the  space  of  seven 
years  to  dispose  of  their  Lands,  at  the  rate  of  Twenty  shillings  each 
thousand  acres  for  the  first  purchase,  and  twelve  pence  Quitt  rent  yearly 
for  every  hundred  (which  is  but  one-fifth  of  what  is  paid  here  for  ob- 
taining Rights  to  take  up  the  Queen’s  land,  and  one  half  of  the  yearly 
cpiitt  rent  payable  to  her  Majesty  for  the  same)  and  without  any  obliga- 
tion on  the  Patentees  there  to  seat  or  cultivate.  The  publication  of  such 
a privilege  has  already  wrought  so  much  on  the  people  here,  that  great 
numbers  are  Hocking  to  that  Province,  to  take  up  land,  and  there’s  no 
doubt  many  more  will  follow  upon  the  prospect  of  having  what  Tracts 
they  please  on  such  easy  terms. 

This  excursion  of  tin*  People  into  North  Carolina  as  well  as  into 
the  lands  of  the  other  neighbouring  Proprietors  will  be  very  much  fur- 
thered by  a general  opinion  lately  revived,  that  there  are  gold  and  silver 
Mines  in  these  parts  towards  the  mountains;  and  because  in  the  Grant- 
to  the  Proprietors,  the  share  of  the  Crown  in  Royal  Mines  is  ascertained, 
and  no  such  Declaration  made  for  those  found  in  the  Lands  held  imme- 
diately of  her  Majesty,  people  propose  to  themselves  a greater  advantage 
by  seeking  after  them  in  the  former.  For  this  reason,  Pm  told,  some 
persons  who  heretofore  had,  or  fancyed  they  had  made  such  discoverys 
here,  were  discouraged  to  prosecute  them,  and  dyed  with  the  secret.  But 
now  that  the  same  opinion  is  revived,  and  the  humor  of  making  discov- 
erys become  more  universal  1 humblv  offer  it  to  your  Lordships  consid- 
eration whether  so  great  a protttt  as  may  redound  from  the  discovering 


COLONIAL  RECORDS. 


X IS 


and  working  such  Mines  ought  to  he  lost  for  want  of  a Declaration  what 
share  her  Majesty  expects  out  of  them.  I find  by  the  Grant  totheCom- 
panv  that  first  settled  this  Colony  the  Crown  reserved  the  fifth  part  of 
all  silver  and  gold  Mines,  and  that  accordingly  the  ancient  Patents  ex- 
press the  same.  Since  the  dissolution  of  that  Company  that  the  soil  re- 
verted to  the  Crown,  the  Patents  conveyed  to  the  Patentees  of  the  land, 
a due  share  of  all  Mines  and  Minerals;  but  what  that  share  is  has 
never  yet  been  determined.  And  in  the  Act  of  Assembly  concern- 
ing the  granting  of  Lands  pass’d  in  the  year  170(5  (but  now  repealed) 
the  former  of  the  Patents  there  established,  gave  entirely  to  the  Patentee 
all  Mines  and  Minerals  without  anv  Reservation,  and  tho  your  Lordships 
made  some  alterations  in  the  draught  of  the  Rill  before  it  passed  here  into 
a Law,  yet  I don’t  find  that  part  of  it  was  questioned  or  altered,  and 
some  Patents  granted  by  my  Predecessors  while  that  Law  was  in  force, 
have  the  same  clause  in  them.  Rut  upon  the  Repeal  of  that  Act  I altered 
the  form  of  the  Patents  in  this  Particular  and  made  them  conformable 
to  the  former  viz4  by  granting  with  the  Land  only  (a  due  share  of  all 
Mines  &c)  believing  that  share  ought  most  properly  to  be  determined  bv 
the  Crown.  Wherefore  J hope  vonr  Lords’*  will  be  pleased  to  move  her 
Majesty  for  a speedy  Declaration  what  share  is  expected  if  any  royal 
mines  are  found  in  the  Lands  already  patented  under  her  Majesty’s  Grant ; 
and  whether  if  any  such  be  discovered  on  lands  not  vet  patented  I ought 
to  grant  those  Lands  to  any  private  person  who  makes  the  discovery? 
The  ascertaining  this  will  encourage  people  to  make  discovery's  on  the 
Queen’s  Land  and  if  found  will  keep  them  where  they  may  bring  more 
profitt  to  the  Crown,  than  by  running  on  the  like  project*  in  the  lands 
of  any  of  the  neighboring  Proprietors;  and  since  bv  the  Charter  to 
the  Proprietors  of  the  Northern  neck  there  is  only  reserved  to  the 
Crown  the  fifth  of  all  gold  and  tenth  of  all  silver  Oar,  Your  Lord- 
ships  will  not  T hope  think  it  unreasonable  to  propose  to  her  Majesty, 
that  for  the  encouragement  of  her  Majesty’s  more  immediate  Ten- 
ants in  the  other  parts  of  this  Colony,  no  greater  proportion  be  de- 
manded of  them.  I am  the  more  desirous  of  some  speedy  directions 
herein,  because  I have  great  reason  to  believe  there  are  Mines  lately  dis- 
covered here,  and  1 would  willingly  promote  as  far  as  I am  able  anv 
thing  that  may  be  for  the  service  of  her  Majesty  and  the  good  of  this 
Country.  It  is  like  some  of  these  mountains  may  bring  forth  only  such 
imaginary  Oar  as  I find  some  people  heretofore  have  busved  themselves 
about,  and  that  others  may  prove  such  barren  ones  as  not  to  countervail 
the  charge  of  working,  Yet  tis  also  possible  that  the  earth  in  this  part 


COLONIAL  RECORDS. 


849 


of  (lie  Continent  may  partake  of  the  same  mineral  qualities  with  that  of 
the  more  southern  climates,  and  that  the  dillegence  of  inquisitive  or  fan- 
ciful men  may  in  the  end  prove  of  very  great  consequence  both  to  the 
sovereign  and  subject. 

* * * * 

* * * * 

with  all  due  respect 

My  Lords 
Your  Lordships 
Most  dutiful  and  most 
Obedient  Humble  Servant 

A.  SPOTS  WOOD. 

(Endorsed) 

Reed  Sept1'  15th 
Read  Febr*  26th  / J 1 1 3 


[From  N.  C.  Letter  Book.  S.  P.  It.] 


Mr  HYDE  TO  Mr  RA1NSFORD— EXTRACT 


Chowan  May  30th  1712 


Revd  Sir 

I have  the  honor  of  My  Lord  of  Londons  letter  with  the  favor  of  yours 
by  Mr  Pugh  I am  very  much  obliged  to  you  for  so  early  acquainting  me 
with  your  arrival  and  heartily  congratulate  you  upon  that  and  the  Mis- 
sion you  come  about.  I wish  with  all  my  heart  the  country  was  in  such 
a State  as  will  give  you  no  reason  to  repent  so  long  a voyage:  and  I 
hope  it  will  not,  for  as  the  work  you  come  about  is  of  so  a essential  na- 
ture so  1 doubt  not  but  God  will  prosper  you  and  your  endeavour,  and  the 
people  learn  to  do  their  duty  1 will  assure  you  there  shall  be  nothing  want- 
ing in  me  to  render  everything  to  you  as  easy  as  possible  nor  would  J have 
you  to  be  the  least  discouraged  by  any  misrepresentations  you  may  re- 
ceive (this  under  the  Rose)  from  Mr  l Tinstone  which  will  be  very  loud 
and  complaining  but  1 will  be  free  to  tell  you  that  all  or  the  greater  part 
of  it  is  purely  owing  to  himself  A his  unfortunate  Temper  which  no 
ways  suits  with  the  humors  of  the  natural  born  people  of  America 
(this  is  a caution).  When  you  favor  me  with  vour  company  1 shall  give 
you  a faithful  account  of  the  observations  I have  made  of  the  people 
here  and  the  method  that  will  gain  them  for  they  are  not  to  be  won  by 


103 


COLON r A L RECORDS. 


SoO 


any  tiling  but  gentle  inethuds  to  what  is  serious  and  devout  and  moral 
and  poor  Mr  Urnistones  railing  and  morose  temper  has  lost  them  all  in 
general  I have  received  and  am  fully  satisfied  with  vour  credentials 
which  I have  returned  you  back  and  please  myself  with  the  thoughts 
that  a little  time  will  settle  this  Country  more  to  your  satisfaction  and 
mine  notwithstanding  all  the  trouble  I have  met  with  in  it.  1 have  cut 
otf  and  took  prisoners  betwixt  3 or  400  Indian  Enemies  and  am  in  hopes 
in  a little  time  to  have  matters  so  ripe  as  to  have  a treaty  of  a general 
peace  set  on  foot.  It  is  indeed  bv  nature  one  of  the  best  countrys  in  the 
world,  th o’  the  people  are  naturally  loose  & wicked  obstinate  and  rebel- 
lious crafty  and  deceitful  and  study  to  invent  slander  on  one  another  and 
sow  such  seeds  of  seditions  that  they  have  generally  reaped  them  in  the 
plentiful  crops  of  Rebellion. 

And  now  sir  give  me  leave  to  give  you  an  invitation  to  my  house; 
where  you  shall  be  most  welcome  as  long  as  ever  you  please : nor  shall 
you  have  the  occasion  to  complain  of  the  country  as  Mr  Urmston  has 
unhappily  created  himself.  The  times  has  been  so  very  troublesome  that 
I have  the  more  pitied  Mr  Urmstone,  because  the  situation  of  his  abode 
is  such  as  I have  not  been  able  to  accomodate  him  with  such  couveni- 
encys  as  otherwise  I would  have  done.  But  should  he  complain  of  me 
in  that  respect,  I will  assure  you  it  is  groundless,  I have  often  offered 
Let  him  send  a canoe  & hands  & I would  supply  him.  Nay  would  pay 
a canoe  and  hands  would  he  but  procure  them — 

I am  Revd  Sir  &c 
EDWARD  HYDE 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


Mr  URMSTON  TO  JOHN  CHAMBERLAINE  ESQ 


On  board  the  Bayly  on  James  River 
Virginia  Capt”  Harvey  Commander 

May  30th  1712 


Sir 

Our  Colony  is  still  in  great  confusion  ct  God  knows  how  the  War 
with  the  Indians  will  end  tis  next  to  a miracle  we  are  not  all  cut  off  [by] 
them  hostilities  have  been  very  violent  on  both  sides  and  if  not  assisted 
by  neighboring  Governments  we  shall  not  be  able  to  withstand  them 
here’s  so  great  scarcity  of  provisions  yet  it  is  to  be  feared  many  will  perish 
for  want  of  food  I and  my  poor  family  will  be  the  first  You’ll  scarce 


COLONIAL  RECORDS. 


Sol 


believe  me  but  I assure  you  I rerbo  Sacerdotis  we  have  suffered  much  by 
hunger  we  found  it  the  hardest  thing  in  the  world  to  keep  soul  and  body 
together  We  can  not  do  it  long  so  that  I intend  to  come  for  England  God 
willing  1?  the  next  fleet  the  Country  owes  me  about  £100  already  and 
the  longer  I stay  the  worse  it  will  be  great  poverty  and  heavy  taxes  I 
cannot  get  a penny  out  1 have  had  no  supply  from  England  never  since 
I came  into  these  parts  they  who  shall  collect  the  dues  here  say  they  can- 
not tis  not  to  be  had  one  of  them  told  me  he  would  not  give  12d  in  the 
pound  for  it  how  can  it  then  be  expected  1 should  continue  here  & will  be 
impossible  to  winter  here  tis  a good  time  for  us  as  well  as  Indians  and 
Hoggs  while  fruit  is  on  the  trees  that  was  last  summer  one  mean  depend- 
ence tho’  with  the  hazard  of  our  Lives  by  eating  of  trash  I was  afflicted 
with  a violent  flux  for  the  space  of  1 1 weeks  I thought  1 should  have 
died  I have  told  you  so  much  of  my  misfortunes  in  former  Letters  that 
I need  not  add  depend  on’t  they  are  worse  than  ever  without  any  pro- 
spect of  amendment  I recommend  myself  to  the  prayers  of  all  the  pious 
members  of  the  Honble  Society  and  am 

Sir  your  most  humble  Serv' 

JOHN  URMSTON 


[Council  Journal.] 


North  Carolina  ss 

Att  a Council]  holden  at  ye  Dwelling  house  of  HonbI®  Edwd  Hyde 
Es<|r  in  Chowan  on  Monday  the  2d  day  of  June  A“°  I)"'  1712 

Present  The  Honbl®  Edwd  Hyde  Es<[r  Gov'  Cap*  Gen"  Adm"  &c 
f Tho8  Pollock 
I Nath  Chevin  | 

The  Honw®  j Tho"  Bovd  J-  Esq"  Lds  prop1*  Depty* 

| Wm  Reed  j 
I Tho®  Peterson  J 

The  Honb,#  the  Gov'  haveing  represented  to  this  Board  that  there  is  a 
necessity  of  Sending  Some  person  as  an  Agent  on  behalfe  of  this  Gov- 
ernin' to  y®  Governin'  of  South  Carolina  in  order  to  represent  v®  present 
State  of  y®  Whirr  ag'  y®  Indvans  in  this  Governin'  and  y®  late  Managem* 
as  also  to  suplicate  that  Governin'  for  farther  aid  to  Carry  on  v®  said 
Ware. 

Ordered  that  Mr  James  Foster  be  appointed  to  goe  to  South  Carolina 
to  perfonne  y®  said  Agency  and  that  a Suftiecent  Sumo  of  money  be 
raised  for  defraying  his  Charges  therein. 


COLONIAL  RECORDS. 


852 


< )r<lered  that  y®  petition  of  Aaron  Blanchard  and  others  be  referred  to 
y®  next  Council  1 and  that  then  y*  Order  for  laying  out  y®  Chowan  Indian 
Land  be  brought 

Upon  the  petition  of  the  Honble  Co"  Tho"  Pollock  Shewing  that  a 
Tract  of  Land  on  Nuse  River  Called  Wilkison’s  point  is  Lapsed  for 
want  of  Seateing  and  prays  that  y®  Same  may  be  Granted  to  him 
( )rdered  that  y®  Same  granted  as  praid  for 

Upon  petition  of  Jacob  Hardy  that  a tract  of  Land  formerly  pattented 
by  Jn°  Hardy  lyeing  between  Cap4  West  and  Sam11  Edmunds  Lines  be 
granted  to  him  being  Lapsed  for  want  of  Seateing 
Ordered  that  y®  Same  be  granted  as  pray’d  for 
Then  the  Board  adjourned  till  tomorrow  morne  9 of  Clock 
Tusday  morne  June  y®  3d  this  Board  mett  present  ut  Supra 
Upon  petition  of  Jn°  Lillington  Setting  forth  that  two  of  y®  Horses 
lately  brought  in  by  y®  Indyan  Blount  are  his  and  praying  an  order  of 
this  Board  for  y®  Same 

Ordered  that  y®  Said  Jno  Lillington  receive  and  take  y®  said  Horses 
or  either  of  them  wherever  to  be  found  he  makeing  it  appeare  that  they 
doe  of  right  belong  to  him 

Ordered  that  Capt  Jno  Mitchell  be  permitted  to  Carry  out  of  this 
Governm4  Soe  much  Wheat  as  he  shall  purchase  of  Cap4  Tho®  Lee  for 
necessary  Supplys  ag4  y®  Gen"  Court  <fc  noe  more  he  paying  y®  Duty  Im- 
posed on  y®  Same 

Then  this  Board  Adjourned  till  Thursday  morne  9 of  Clock 
This  Board  mett  again  present  ut  Supra 

Ordered  that  Twenty  men  be  forth  w411  raised  & Imploy’d  in  two  large 
Canoes  to  Cruize  in  pamplico  ct  Core  Sounds  in  order  to  Supressa  party 
of  Indyans  which  we  are  Informed  doe  harbor  in  and  about  those 
Sounds 

Mr  Wm  Maule  being  appointed  by  a fformer  Order  of  this  board  to 
Inspect  a Tract  of  Land  on  Kesiah  river  formerly  pattented  to  Jn°  Bird 
to  whether  y®  same  had  ever  been  Settled  according  to  Law  And  he  have- 
ing  reported  y®  negative  It  is  Ordered  by  this  Board  that  y®  said  Land 
be  Granted  Jn°  Hardy  persuant  to  his  former  petition  for  that  purpose 
By  Ordr  of  y®  Councill 


T KNIGHT  Seetr- 


COLON  I AL  R ECO  RDS. 


853 


[Council  Journal — Continued.] 


Craven  house  .lime  5th  1712 

To  Daniell  Richardson  Esqr 

Receiver -Gen1  of  No  Carolina 
in  America 

Sr 

Your  are  to  take  yc  direction  & advice  of  two  or  more  of  ye  Lds  prop*" 
Depntys  for  ye  time  being  to  what  place  and  to  whome  Such  Goods  & 
Comodity  which  you  shall  receive  to  their  Ldsps  use  shall  be  sent  & Con- 
signed Allways  taking  ye  first  opportunity  of  shipping  them  off  and  giv- 
ing Instructions  along  wth  them  that  such  goods  as  shall  be  sent  to  New 
England  the  returnes  theirof  shall  be  made  in  peeces  of  Eight  or  Chris- 
tian or  Arabian  Gold  All  Goods  sent  to  Virga  the  returnes  must  be  in 
bills  of  Excha.  All  goods  sent  to  Jamaica  in  peices  of  Eight  to  South 
Carolina  in  Rice  to  Barbadoes  or  any  of  y®  Leeward  Islands  in  Mnsea- 
ved  Sugar  to  any  other  Ports  in  as  convenient  a comodity  as  may  be  pro- 
cured there  all  which  returnes  upon  y®  Lds  Proptr  aeco‘  must  be  sent  awav 
by  ye  first  oppertunity  and  Consigned  to  Mr  .In0  Danson  Merclf  in  Lon- 
don Bills  of  Ladeing  are  constantly  to  be  sent  therewith  and  advice  must 
be  given  to  y®  Lps  Prop4"  of  v®  same 
By  their  Lordshipps 
Special  Comand 
R.  SHELTON 


fB.  P.  It.  ().  B.  T.  Virginia.  Vol.  13.  ().  129.1 

N°  8 

VIRGINIA  PROCLAMATION 

10th  day  of  June  1712 

By  her  Maj*'®*  Lieut1:  Gover  and  Commander  in  Chief  of  this  Do- 
minion— 

A Proclamation  prohibiting  the  taking  up  or  Seating  any  Lands  within 
the  bounds  in  Dispute  between  this  Colony  and  the  Province  of 
North  Carolina. 

Whereas  I have  received  Information  that  Notwithstanding  the  sev- 
eral! Proclamations  and  other  orders  heretofore  Published  Restraining 


854 


COLONIAL  RECORDS. 


the  taking  up  any  Lands  within  the  Controverted  Bounds  between  this 
Colony  and  Carolina  Diverse  Inhabitants  of  this  Colony  have  lately 
taken  up  and  Entred  with  the  officers  of  Carolina  for  Sundry  Tracts  of 
Land  between  Maherine  and  Roanoak  Rivers  moved  by  an  Imagination 
that  Possession  of  Lands  within  the  said  Bounds  under  Surveys  or 
Grants  from  the  Government  of  North  Carolina  will  be  sufficient  to 
secure  their  Title  thereto  altlio  the  said  Lands  be  afterwards  adjudged  to 
belong  to  her  Majtle  To  the  End  therefore  that  no  Person  may  be  im- 
posed on  or  Deceive  themselves  by  such  a Specious  pretence  I have 
thought  titt  by  and  with  the  Advice  of  her  Majties  Council  to  Issue  this 
Proclamation  hereby  Publishing  and  Dedareing  that  her  Majtie  by  order 
in  her  Privy  Council  the  first  of  March  1710  hath  Expressly  forbidd 
any  Surveys  or  Grants  to  be  made  either  by  this  Government  or  that  of 
Carolina  of  any  Lands  within  the  bounds  in  Dispute  untill  the  same  be 
finally  Determined  And  I Do  in  pursuance  of  her  Majti09  said  Com- 
mands require  all  her  Majt,<iS  subjects  within  this  Colony  to  forbear  En- 
tring  for  Seating  on  or  Taking  out  Patents  for  any  Lands  within  the 
bounds  in  Dispute  untill  the  finall  Determination  thereon  in  the  Manner 
her  Majt,e  hath  prescribed  Certifying  such  as  Shall  Act  Contrary  to  her 
Majtie  Commands  in  the  premises  that  if  the  Lands  So  by  them  Entred 
Seated  or  Patented  do  fall  within  this  Colony  they  shall  not  only  lose  all 
Benefitt  of  the  said  Entrys  or  Grants  but  also  of  the  Rights  upon  which 
they  have  obtained  the  same  and  that  the  said  Lands  with  all  and  every 
the  Improvem48  made  thereon  shall  be  Granted  to  anv  other  of  her  Majtis‘ 
Subjects  desireing  the  same  That  have  Given  a due  Obedience  to  her 
Majtie“  Commands  and  the  orders  of  this  Govern ml  Issued  thereupon 
And  I do  require  the  Sherifs  of  the  several!  Countys  to  Cause  this  Pro- 
clamation to  be  Read  and  Published  at  the  Court  houses  of  their  Respec- 
tive Countys  Given  under  my  hand  and  the  scale  of  the  Colony  this  10th 
day  of  June  1712  In  the  1 1th  Year  of  her  Majtie8  Reign 

A.  SPOTS  WOOD. 

God  save  the  Queen. 

( Endorsed) 

Referrd  to  in  Coll  Spotswood’s  Lre  of  26th  July  1712 
Reed  Sept  19th  \1710 
Read  Feb  26th  / 1 ' 1 - 


COLON! A L RECORDS. 


855 


[Council  Journal.] 


North  Carolina  ss 

Att  a Council  Holden  at  y®  House  of  Cap*1  Jn°  Hecklefield  in  Little 
river  on  Thursday  duly  4th  1712 

Present.  The  Honble  Edwd  Hyde  Es<jr 
Govr  Cap*1  Gen11  Adm"  &c 
f THos  Pollock  A 

The  Hon-  ' ™^vi"  Esq- L“  prop*"  Dep‘” 
l Tho*  Peterson  j 

Francis  Tomes  & Joshua  Tomes  Exec**8  of  y®  Last  Will  & Testam*  of 
Francis  Tomes  dec’d  Came  & presented  this  Board  v®  last  Will  & Tes- 
tam4 of  sd  ffrancis  & proved  y®  Same  by  y®  Solemn  affirmation  of  \Vm 
Bogue  & Mathew  Albertson  & pray’d  probat  of  v®  Same 
Ordered  that  probat  of  y®  Said  W ill  be  granted  as  pray’d 
Upon  petition  of  \Ym  Manic  and  Jn°  Councill  showing,  that  three 
Tracts  of  Land  formerly  patented  bv  Charles  Gee  upon  v®  Northside  of 
Morattock  River  is  Lapsed  for  want  of  Seating  and  pravs  that  the  same 
may  be  granted  to  them 

Ordered  that  y®  Same  be  Granted  to  y®  petition”  as  pray’d 
Upon  petition  of  Mathew  Midgett  praying  that  he  may  be  allowed 
ffiftv  pounds  pursuant  to  proclamation  for  aprehending  Email"  Low  which 
is  to  be  allowed  out  of  his  Estate  if  Convict 

Emanuell  Low  being  aprehendcd  A brought  before  this  Board  for. 
Stirring  up  Sedition  A Rebellion  ag*  this  Govermn4  and  endervouring  to 
Subvert  v®  Same,  Was  Committed  to  Custody  of  y®  Provost  Marshall 
therefor 

Then  this  Board  Adjourned  till  tomorrow  morne  9 of  Clock 
ffridav  Morne  at  9 of  Clock  this  Board  met  again  & present  ut  Su- 
pra 

Upon  petition  of  duo  Davis  praying  an  ordr  of  Councill  for  the  Di- 
vision of  ye  Land  between  him  A Tho*  Boswell  and  it  appearing  to  this 
Board  that  v®  Said  duo  Davis  hath  a right  to  divide  v®  Same 
Ordered  that  y®  Said  Land  be  divided  accordingly 
l poll  petition  <>f  Beija  Raymand  (being  Su moused  to  appeare  before 
this  Board  to  answr  to  divers  matters  lav’d  to  his  charge)  prav’s  to  be 
dismissed  and  there  appeareing  noe  evidence  ag*  him 

Ordered  that  y*  Sai<  1 Benja  Raymand  be  forthwith  dismissed  paving 
ffees — 

Then  this  Board  adjourned  till  Saturday  July  12th 


COLONIAL  RECORDS. 


•Saturday  morne  July  12th  this  Board  met  againe  present  at  Svjira 
Cpon  Petition  of  Wm  Vaughan  Setting  forth  that  whereas  he  stands 
l)oun(l  over  to  y®  Gen"  Court  to  answr  to  Snell  matters  as  shall  he  ob- 
jected ag4  him  and  haveing  divers  tymes  made  his  appeareanee  thereto 
pray’s  to  he  discharged  from  y®  same  and  that  he  may  have  Liberty  to 
depart  this  Governm4  about  his  nessary  Imploym4  And  this  Board  have- 
ing taken  y®  same  into  their  Consideration  and  finding  that  said  Vaughan 
hath  well  Behaved  himselfe  since  v®  Giveing  of  the  Said  Bond  It  is 
ordered  by  this  Board  that  y®  said  Vaughan  be  and  is  hereby  discharged 
from  y®  said  Bond  and  all  penaltys  therein  Contayned  And  that  he  have 
Liberty  to  depart  this  Governm4  persuant  to  his  s'*  Petition — 

Upon  Petition  of  Doctor  Godfry  Spruell  showing  that  a tract  of 
Land  which  he  formerly  purchas’d  of  Majr  Gen"  Pollock  is  not  rightly 
Survey’d  and  therefore  pray’s  an  ordr  of  this  Board  to  make  a new  Sur- 
vey on  y®  Same 

Ordered  that  y®  Said  Godfry  Spruell  have  Liberty  to  Survey  y®  Said 
Land  over  againe  And  make  returns  thereof  into  y®  Sec4rys  Office — 
Whereas  the  Lds  prop4”  to  Encourage  y®  Speedy  Setlem4  of  this  Coun- 
try have  granted  to  each  person  that  comes  wth  designe  of  Setleing  here 
a right  of  fifty  acres  of  Land  which  favor  of  their  Ld81’s  hath  been  of 
Late  very  much  abused  by  persons  being  admitted  to  prove  rights  for 
themselves  and  other  who  never  had  y®  least  designe  or  intention  of  set- 
leing in  this  Govern4  to  y®  great  abuse  of  that  favor  <fc  defrauding  the 
Govrs  & Comanders  in  Cheife  of  their  Just  ffees 

It  is  therefore  Ordered  by  this  Board  that  y®  precinct  Courts  for  y® 
’future  doe  allow  of  noe  rights  to  be  proved  but  of  such  persons  who 
Come  in  wth  Intention  of  Setleing  afsd  And  have  been  resd4  at  least  six 
monthes  And  that  y*  right  of  noe  one  person  be  permitted  to  be  proved 
more  than  once  and  that  be  in  right  of  v*  person  himselfe  and  noe  other 
It  is  likewise  ordered  that  y®  See4ry  forthw4h  Send  a Copy  of  v®  above 
ordr  to  every  precinct  Court  in  this  Governm4- 

Upon  a motion  made  by  the  HonWe  Majr  Wm  Reed  praying  that  Maj1 
James  Coles  may  be  ordered  to  deliver  up  a Bond  of  300£  which  the  sd 
Reed  was  forced  to  give  for  his  discharge  out  of  v®  Said  Coles  custody 
being  Committed  by  an  ordr  of  Co"  Tho®  Cary  in  y*  tyme  of  his  usur- 
pation and  y®  said  Coles  being  called  before  this  Board  acknowledged 
that  he  had  Such  a Bond  which  he  was  ready  to  deliver  on  an  ordr  of 
this  board 

Whereupon  it  is  ordered  that  y®  said  Majr  Coles  doe  forth  w4h  deliver 
y®  sd  Bond  to  y®  sd  Majr  Reed  as  he  will  answr  y®  contrary 


COLONIAL  RECORDS. 


So  7 


The  Last  Will  A Testam*  of  Jn°  Harris  was  exhibited  before  this  Board 
A proved  by  y®  Oatlies  of  Edward  Pagett  A Mary  F Tvsor  two  of  v® 
witnesses  thereof  And  Mr  Snoden  Atto‘y  for  y®  Exectrs  pray  it  may  lye 
before  y®  Councill  until  1 a Spa  be  Issued  out  for  Jn°  Wells  another  of  y® 
Evidences  thereto  for  furthur  probat  thereof 

Upon  petition  of  y®  Enhabitans  of  Alligator  praying  that  they  may  be 
removed  into  v®  precinct  of  Pasquotank  & noe  longer  be  of  y®  Precinct 
of  Chowan 

Ordered  that  all  v®  Lands  in  A about  Alligator  A v®  I nhabitants  thereof 
Soe  far  up  as  y®  White  Oak  Lands  where  Mathew  Midgett  now  lives  be 
from  hence  forward  Deemed  and  taken  to  be  in  y®  Precinct  of  Pasqtio- 
tank  the  Inhabitant  thereof  paying  all  Such  due  Levy’s  gra  as  are  now 
due  A engaged  for  to  y®  precinct  of  Chowan 

Ordered  that  v®  petition  of  Mr  ffred  Jones  be  referred  to  y®  next  Gen11 
Court 

The  Honbl®  y®  Govern1'  representing  for  this  Board  that  there  is  noe 
person  here  to  represent  the  Honbl®  Jn°  Danson  Esqr  one  of  y®  Lds  Prop4” 
as  his  Deputy 

Whereupon  It  is  ordered  by  this  Board  that  Tobias  Knight  Esqr  be  A 
is  hereby  appointed  Deputy  to  v®  said  Jno  Danson  Esqr  untill  his  pleasure 
be  farthur  knowne  And  then  v®  said  'fobias  Knight  A Subscribed  y® 
severall  Oatlies  by  Law  appointed  to  be  taken  for  his  qualification  A then 
tooke  his  place  at  y®  board  accordingly  ordered 

T KNIGHT  Sectry 


[From  N.  C.  Letter  Book.  8.  P.  G.] 


MR  RA I NSFORD’S  LETTER  TO  JNO  CHAMBERLAIN E ESQ 
Chowan  in  North  Carolina  July  25th  1712 

Worthy  Sir 

To  give  you  a description  of  a 12  weeks  passage  We  had  from  the 
Lizard  to  Virginia  with  the  inconveniences  1 laboured  under  in  it  would 
but  renew  in  me  the  melancholy  Ideas  of  what  is  past  as  well  as  trouble 
you  in  reading  a relation  of  them  I shall  therefore  proceed  to  what 
[relates]  immediately  to  my  mission  bv  giving  a faithful  account  of  the 
condition  the  countrvs  in  at  present  A what  good  (with  God’s  fatherly 
assistance)  1 may  do  the  Sociotv  and  people  by  my  continuance  among 


COLONIAL  RECORDS. 


<SoX 


them  June  the  5th  I arrived  at  the  Governors  where  I was  most  kindly 
received  bv  him  as  afterwards  l>v  Coll  Pollock  & Squire  Duckenfield  l)e- 
ing  the  only  persons  of  any  note  that  I could  see  or  hear  of  on  the  Shore 
and  as  an  instance  of  my  duty  thought  I could  not  do  better  than  remind 
’em  at  that  time  of  preparing  themselves  for  the  receiving  of  the  Sacra- 
ment on  the  then  approaching  Festival  Whit  Sunday  The  trifling  excuses 
they  made  sufficiently  satisfied  me  of  the  little  regard  they  had  to  the 
indispensible  obligations  that  lay  on  them  to  so  solemn  a duty  however 
several  of  the  people  came  that  day  to  divine  Service  but  perfect  strangers 
to  the  Method  of  the  Worship  of  our  Church  Mr  Crmston  and  I by  a 
mutual  agreement  with  the  approbation  of  the  Governor  are  to  manage 
after  this  manner  He  proposes  to  supply  the  North  Shore  at  the  Lower 
End  of  Chowan  together  with  all  Paspetanek  provided  1 take  care  of  the 
West  Shore  (where  there  is  no  Church  but  a vast  track  of  land  to  ride 
over  and  in  every  instance  very  fatiguing)  which  I promised  to  do  till  I 
hear  further  from  the  Society  But  since  the  whole  Country  intitled  to 
mv  labours  1 visited  his  Shore  (which  I am  sorry  to  sav)  has  been  a long 
time  neglected  Mr  Urmston  is  lame  and  says  he  cannot  do  now  what  he 
formerly  has  done  but  this  lazy  distemper  has  seized  him  by  what  I hear 
ever  since  his  coming  to  the  Country  I shall  give  you  a faithful  account 
of  his  proceedings  and  management  as  T desire  lie  may  do  of  mine  the 
either  of  us  according  to  the  merit  or  demerit  of  our  performance  may 
be  valued  or  disesteeiued  by  the  Society  there’s  a small  Chapel  near  an 
Old  Indian  Town  where  I preached  at  June  loth  had  vast  Crowds  come 
to  hear  me  but  I observed  they  exprest  very  little  or  rather  no 
devotion  in  time  of  divine  Service.  That  day  and  the  day  follow- 
ing I baptized  17  children  4 of  them  11  years  old  nine  of  them  6 and 
the  other  4 — three  and  when  I told  Mr  Urmston  of  the  neglect 
he  excused  himself  by  saying  he  never  had  notice  of  their  having  chil- 
dren there  unbaptized  June  22nd  I preached  at  on  .VP  Garrats  the  upper 
end  of  Chowan  but  had  such  numbers  that  I was  obliged  to  go  under  a 
large  mulberry  tree  where  most  of  the  people  to  my  great  satisfaction 
seemed  very  devout  the  whole  time  of  service  and  very  ready  in  their 
responses  as  in  their  method  of  singing  praises  to  God  Here  I baptized 
two  Girls  of  the  age  of  10  and  one  boy  of  ten  Children  of  one  Mr  Adams 
and  by  much  importunity  prevailed  on  Mr  Martin  to  let  me  baptize  three 
of  his  Negro’s  two  women  and  a boy  all  the  Arguments  I could  make 
use  of  would  scarce  effect  it  till  Bishop  Fleet  woods  sermon  preached  be- 
fore the  Society  turned  the  scale  and  when  ever  I baptized  there  I dis- 
tributed a share  of  the  small  parcel  of  books  Old  Mr  Saunders  of  Cura- 
huk  who  has  Mr  Adams’  books  refuses  to  deliver  ’em  unless  T promise 


COLONIAL  RECORDS. 


859 


to  settle  and  entirely  fix  tliere  which  1 told  him  J could  no  way  do  to 
neglect  the  greatest  part  of  the  country  to  serve  there  but  I promised 
him  as  much  of  my  time  as  I could  possibly  spare  to  that  district  many 
of  the  books  he  tells  me  too  are  lost  and  he  pretends  a claim  to  keep  ’em 
and  a Watch  by  virtue  of  a debt  contracted  by  Mr  Adams  in  his  lifetime 
I had  several  conferences  with  one  Thomas  Hoyle  King  of  the  Chowan 
Indians  who  seem  very  inclinable  to  embrace  Christianity  and  proposes 
to  send  his  son  to  school  to  Sarum  to  have  him  taught  to  read  and 
write  by  way  of  foundation  in  order  to  a further  proficiency  for 
the  reception  of  Christianity  I readily  offered  my  service  to  instruct 
him  myself  and  having  the  opportunity  of  sending  him  to  Mr 
Garratts  where  I lodge  being  but  three  miles  distance  from  his 
Town.  But  he  modestly  declined  it  for  the  present  till  a general 
peace  was  concluded  between  the  Indians  and  Christians  1 found  he  had 
some  notions  of  Noahs  Hood  which  he  came  to  the  knowledge  of  and 
exp  rest  himselfe  after  this  manner — Mv  father  told  me  1 tell  my  Son 
But  1 hope  in  a little  time  to  give  the  Society  a better  account  of  him  as 
well  as  of  those  peaceable  Indians  under  his  Command  Thercs  one  Mr 
Mashburn  who  keeps  a school  at  Sarum  on  the  frontiers  of  Virginia  be- 
tween the  two  Governments  and  neighbouring  upon  2 Indian  Towns 
who  1 find  bv  him  highly  deserve  encouragement  and  could  heartily  wish 
the  Society  would  take  it  into  consideration  and  be  pleased  to  allow  him 
a Salary  for  the  good  services  he  has  done  and  may  do  for  the  future. 
What  children  he  has  under  his  care  can  both  write  and  read  very  dis- 
tinctly and  gave  before  me  such  an  account  of  the  grounds  and  principles 
of  the  Christian  religion  that  strangely  surprised  me  to  hear  it.  The  man 
upon  a small  income  would  teach  the  Indian  Children  gratis  (whose 
parents  are  willing  to  send  them  could  they  but  pay  for  their  schooling) 
as  he  would  those  of  our  English  families  had  he  but  a fixed  dependency 
for  so  doing  and  what  advantage  would  this  be  to  private  families  in 
particular  and  whole  Colony  in  general  is  easy  to  determine,  Since  on- 
coming in  the  country  (I  thank  God)  1 have  had  my  health  perfectly 
well  and  during  the  continuance  of  it  shall  be  indefatigable  in  the  dis- 
charge of  that  great  trust  that  is  reposed  in  me  observing  at  the  same 
time  the  Societys  method  of  writing  over  every  >ix  months  with  an 
Account  of  the  services  1 have  done  and  what  larger  advance  1 have 
made  to  the  furtherance  of  Religion  A enlargement  of  Christs  King- 
dom— As  for  the  eating  part  I have  fared  but  very  indifferently  since 
my  arrival  in  the  Country  and  find  for  the  future  must  with  Yirgils  Shep- 
herd be  satisfied  with  my  Mitra  poma  castaneas  mures — and  as  ordinary 
as  1 am  like  to  live  must  give  twenty  pounds  yearly  for  my  board  I was 


COLONIAL  RECORDS. 


SCO 


in  hopes  the  Assembly  would  take  care  to  provide  me  my  table  free  but 
the  Country’s  so  poor  that  I can  expect  nothing  of  that  nature  from  ’em 
I desire  Sir  You’ll  think  of  me  the  next  general  meeting  that  I may 
have  an  order  for  my  CIO  worth  of  books  which  I’ll  take  care  to  send 
one  to  wait  on  you  for  them  Dr.  Brays  public  library  is  all  dispersed  and 
lost  by  those  wretches  that  don’t  consider  the  benefit  of  so  valuable  a 
gift  I cannot  forget  the  uncommon  civility  that  was  shown  me  on  my  first 
landing  at  Hampton  in  Virginia  by  one  Mr.  Kearney  a Merchant  of  that 
place  He  was  a perfect  stranger  to  me  yet  showed  his  great  readiness  to 
supply  me  with  money  to  buy  me  a horse  and  to  transport  my  goods  for 
Carolina  and  had  any  thing  else  been  wanting  he  would  have  furnished  me 
and  only  as  he  told  me  for  this  great  consideration  of  setting  forwards 
a good  work  and  serving  the  Society  It  has  one  way  or  the  other  cost  me  £20 
in  the  Country  and  been  expensive  beyond  imagination  I presume  you 
are  no  stranger  to  the  Indian  War  which  has  some  time  since  begun  and 
continues  in  the  barbarous  Massacres  of  so  Many  English  Inhabitants 
Most  families  of  Pamlico  hourly  feeling  the  effects  of  their  Cruelty  nor 
truly  can  the  Govr  promise  himself  one  hours  safety  being  continually 
alarmed  by  the  Tuskarora  Spies  in  his  own  Quarters  Col1  Boyde  was  the 
other  day  sent  out  with  a party  against  the  Indians  but  was  unfortunately 
shot  through  the  head  and  few  of  his  men  came  home  but  what  shared 
in  his  fate  and  fell  sacrifices  to  the  same  common  misfortune — They 
sculck  so  in  parties  in  the  Woods  that  common  prudence  obliges  the 
inhabitants  (as  the  surest  method  of  preservation)  to  keep  to  their  planta- 
tions and  several  of  them  told  me  that  when  they  lie  down  in  their  beds 
(they  are  so  often  invaded)  that  they  cant  say  they  shall  rise  morning 
Assistance  is  sent  for  to  Ashley  River  and  Col1  Hyde  flatters  us  with  the 
hopes  of  either  cutting  ’em  off  or  obliging  ’em  to  a peace  But  alas  I fear 
all  this  without  reason  The  people  are  so  impoverished  by  the  War  that 
I wonder  how  they  pay  their  quit  rents  to  the  proprietors  I am  sure  it 
would  be  highly  Charitable  in  the  Lords  to  forgive  them  for  these  ten 
years  to  come  1 like  the  Country  far  better  than  any  I have  hitherto 
seen  and  certainly  by  nature  tis  one  of  the  best  in  the  world  and  were 
but  the  Inhabitants  freed  from  the  dangers  of  the  War  they  might  enjoy 
the  blessings  of  plenty  as  well  as  all  other  comforts  of  life  This  is  a gen- 
uine Account  of  what  I have  done  and  observed  in  North  Carolina  and 
shall  take  all  opportunities  of  serving  the  Society  (as  I’m  in  duty  bound) 
to  the  utmost  of  my  power  as  well  as  expressing  my  gratitude  to  you  for 
the  many  undeserved  favors  confer’d  on 

Sir  Your  most  obliged  faithful  humble  Serv* 

U.  RAINSFORD. 


COLONIAL  RECORDS. 


8(>1 


[H.  P.  H.  <>.  B.  T.  Virginia.  Vol.  13.  O.  128 — Extracts.] 


COLONEL  SPOTSWOOD  TO  THE  BOARD  OF  TRADE. 


Virginia  July  the  26th  1712. 

My  Lords, 

^ * 5J: 

^ 

It  is  with  very  great  concern  that  1 find  myself  still  obliged  to  repre- 
sent to  your  Lordships  the  unhappy  situation  of  affairs  in  the  neighbour- 
ing Province  of  North  Carolina;  for  since  the  hasty  peace  concluded 
with  the  Indians  (of  which  I gave  your  Lordships  an  account  in  my  last) 
the  forces  sent  from  South  Carolina  are  returned  home,  and  the  Indians 
have  committed  two  fresh  massacres,  and  it  is  not  likely  they  will  stop 
there,  if  there  be  truth  in  what  one  of  their  Chiefs  concerned  in  the  first 
massacre  hath  lately  confessed  at  his  execution,  that  the  senequas  have 
promised  them  a powerful  assistance  by  the  latter  end  of  next  month, 
who  are  in  their  way  to  fall  on  some  of  the  Tributary  Indians  on  our 
Frontiers,  and  what  seems  to  confirm  this  is  the  account  I have  just  now 
seen  in  a letter  from  the  Secretary  of  New  York  to  the  Governor  of 
North  Carolina,  that  the  French  have  been  very  active  to  persuade  the 
Senequas  to  join  the  Tuscaruros,  and  it  is  to  be  feared  prevailed  with 
them.  The  conduct  of  the  Government  of  North  Carolina  from  the  be- 
ginning of  this  Indian  war  has  been  so  unaccountably  irregular,  that  it 
has  rendered  all  the  measures  I was  willing  to  enter  into  for  their  assist- 
ance ineffectual,  and  I hope  when  1 have  mentioned  a few  instances 
thereof,  your  Lordships  will  not  judge  me  only  an  idle  spectator  of  the 
miserys  of  mv  Fellow  subjects.  For  first,  when  I had  engaged  our  As- 
sembly to  vote  a considerable  supply  for  the  succour  of  that  Province, 
their  Assembly  which  was  then  sitting,  instead  of  acting  in  concert  with 
ours,  fell  into  such  heats  among  themselves,  because  they  could  not  oblige 
the  Governor  to  admitt  into  their  former  offices,  the  most  notorious 
fomenters  of  the  late  rebellion,  that  they  would  take  no  measures  against 
the  common  enemy  : and  to  this  behaviour  of  theirs  may  in  a great  meas- 
ure be  attributed  that  of  our  burgesses,  who  till  from  their  first  resolu- 
tions and  could  not  thereafter  be  prevailed  upon  to  give  assistance  to  a 
people  so  wanting  to  themselves.  Next,  when  1 had  by  a solemn  Treaty 
made  in  the  presence  of  our  Assembly,  engaged  the  upper  towns  of  the 
Tuscaruros  to  join  in  cutting  off  those  concerned  in  the  massacre,  and 
had  communicated  the  same  to  the  Governor  of  North  Carolina.  That 


862 


COLONIAL  RECORDS. 


Government  instead  of  concurring  with  me  in  the  stipulations  that  pro- 
vided solely  for  their  succour,  and  the  relief  of  their  captives;  rather 
chose  to  denounce  war  against  all  the  towns  in  general,  and  without  wait- 
ing to  see  whether  those  upper  Towns  would  perform  any  of  their  en- 
gagements, they  immediately  fell  upon  those  very  people  who  (how  little 
soever  they  designed  to  execute  their  promises)  hereupon  argued  that  we 
had  violated  ours.  And  lastly  (for  I will  not  trouble  your  Lordships 
with  all  the  instances  I could  give)  When  their  whole  Assembly  joined  in 
an  Address  to  me  last  spring,  beging  an  aid  of  200  men  for  the  1 tetter  car- 
rying on  the  War  and  in  that  address  told  me  that  they  had  raised 
X.  1000  whereby  the  succours  sent  from  hence  would  he  provided  for.  1 
thereupon  made  extraordinary  efforts  to  assist  them  with  200  white  men 
and  Indians  as  your  Lordships  will  observe  in  the  Journal  of  the  Coun- 
cil the  24th  of  April  last  and  accordingly  directed  the  Rendevouze  of  those 
Forces  on  the  10th  of  May;  vet  upon  my  meeting  the  Governor  of  North 
Carolina  to  adjust  certain  preliminarys  for  the  better  carrying  on  the 
service  and  the  subsistence  of  the  Troops,  J found  that  Government 
never  intended  to  furnish  so  much  as  provisions  or  be  at  any  manner  of 
expence  for  them  but  on  the  Contrary  had  laid  10  ^ cent  on  all  the  pro- 
visions carrycd  into  that  Country,  so  that  the  Forces  sent  to  their  assist- 
ance must  not  only  be  paid  and  subsisted  at  the  Charge  of  this  Govern- 
ment, but  must  also  pay  a duty  for  the  victuals  they  oat,  while  they  were 
imploy’d  in  the  defence  of  that  Country;  and  besides  this  I found  the 
Commander  of  their  Forces  had  of  his  own  head,  clapt  up  a peace  with 
the  Indians  upon  very  odd  and  unaccountable  Conditions,  which  nobody 
expected  to  last  long,  and  it  seems  he  did  not  intend  it  should ; for  he 
soon  after  surprized  some  towns,  and  carryed  off  a great  many  captives 
of  those  who  looked  upon  themselves  as  secure  under  the  Treaty  he  had 
made  with  them,  and  by  that  means  he  has  entailed  a new  War  on  the 
people  of  North  Carolina  in  which  he  was  resolved  to  have  no  share, 
having  imediately  after  set  sail  with  his  prisoners  to  South  Carolina,  and 
the  two  Massacres  I have  abovementioned  have  been  the  i mediate  conse- 
quences of  this  Mr  Barnwells  Treachery.  These  irregular  proceedings, 
both  discourage  and  disable  me  from  assisting  the  unfortunate  People 
of  that  Province,  who  must  be  forced  to  abandon  all  their  settlements  on 
Neuse  and  Pamplico  Rivers  and  thereby  encourage  the  Heathen  to  fur- 
ther attempts  both  on  the  other  parts  of  that  Country,  and  on  our  Fron- 
tiers: and  I must  sitt  down  under  the  mortifications  of  seeing  myself 
unable  to  protect  her  Majesty’s  subjects,  untill  a nearer  approach  of 
danger  convinces  the  people  of  this  Colony  of  their  error  in  not  making 


COLONIAL  RECORDS. 


863 


timely  provision  to  hinder  the  growing  power  of  the  Heathen,  and  alarms 
both  Country's  to  act  more  vigorously  for  their  mutual  defence.  Tt  was 
but  the  other  day  that  a party  of  the  Tusearuros  killed  3 and  wounded 
two  Nottoway  Indians  our  Tributary.®  as  they  were  hunting  near  our 
Inhabitants,  which  seems  only  a prelude  to  what  we  may  expect  after 
their  conjunction  with  the  Senequas. 

I understand  by  some  traders  lately  come  from  South  Carolina  that 
they  make  great  clamours  there,  as  if  our  Indian  traders  had  assisted  the 
Tusearuros  with  ammunition;  but  I’m  persuaded  your  Lordships  will 
find  enough  on  the  Council  Journals  since  Scptembei  last,  to  refute  that 
report,  and  to  satisfy  your  Lordships  that  this  Government  hath  taken 
all  imaginable  care  to  prevent  any  such  Commerce. 

Your  Lordships  will  observe  by  our  Journals  that  even  the  trade  with 
the  western  Indians  has  been  shutt  up  over  since  last  October,  out  of 
consideration  for  the  province  of  North  Carolina,  but  finding  that  trade 
still  carried  on  by  the  people  of  South  Carolina,  and  that  those  Indians 
have  no  correspondence  with  the  Tusearuros  I have  again  by  advice  of 
the  Council,  opened  tin*  same  for  our  Inhabitants,  lest  it  should  be  lost 
to  us,  and  the  Indians  obliged  to  sue  to  the  French  for  those  supply* 
which  South  Carolina  can’t  furnish  them,  but  still  with  this  precaution 
of  taking  300  bond  of  every  one  of  our  Traders,  not  to  trade  with,  nor 
go  near  the  Tusearuros  or  any  other  Nation  in  Alliance  with  them.  The 
nations  with  whom  this  Trade  is  carry ’d  on  live  severall  hundred  miles 
from  the  Tusearuros.  And  as  our  Traders  assure  me  they  must  travel  at 
least  fifteen  hundred  miles  to  come  at  the  most  considerable  of  them  who 
live  on  the  back  of  the  mountains  in  the  latitude  of  Virginia  If  this  be  true 
(which  I shall  know  more  certainly  at  the  return  of  our  Traders  to  whome 
I have  given  directions  to  make  observations  of  the  latitude)  your  Lord- 
ships  will  no  doubt  think  it  still  more  unreasonable,  that  the  Carolina 
men  should  impose  dutys  and  seize  the  goods  of  her  Majesty’s  subjects 
for  barely  passing  through  this  Country. 

Since  mv  last  I have  had  the  honour  of  vour  Lordships  of  the  lat  of 
February  17-j-^and  shall  always  rejoice  when  any  part  of  my  adminis- 
tration is  acceptable  to  your  Lordships. 

1 am  with  all  due  respect 

My  Lord, 

Your  Lordships 

Most  dutiful  1 and  most 
Obedient  Humble  Servant. 

A.  SPOTSWOOI). 


COLONIAL  RECORDS. 


8(1 1 


[Council  Journal.] 


North  Carolina — ss 

Att  a Council!  holden  at  y®  house  of"  Cap1  Tho"  Lee  in  Chowan  on  v® 


A Proclamation  fin1  y®  pardening  y®  Several  1 persons  Concerned  in  y® 
late  Rebellions  \vth  Co"  Cary  <&  for  discharging  Such  as  had  given  Bonds 
for  their  appearance  at  v®  next  Gen11  Court  Except  y®  sd  Cary  Email11 
Low  Jn°  Porter  Edmd  Porter  & W m Tillett  was  Issued  out  & published 
under  y®  Great  Seale  of  y®  Collonv 

Upon  Petition  of  Jonathan  Jeycocks  adinintr  of  y®  Goods  & Chatles 
of  William  Wallis  Dec’d  setting  forth  that  W illiam  Wallis  an  infant 
Eldest  Sone  of  y®  afsd  Wm  is  at  present  with  him  <fc  and  under  his  Care 
& he  haveing  likewise  v®  afsd  Infants  Estate  p ray’s  lie  may  be  admitted 
Guardian  to  said  Infant — 

Ordered  that  v®  Said  Jonathan  Jeycocks  be  and  is  hereby  admitted 
Guardian  to  v®  Said  Wm  W'allis  untill  he  be  of  age  himselfe  toChusehis 
guardian. 

Upon  petition  of  Cap1  fired  Jones  shewing  that  a tract  of  Land  for- 
merly granted  Isaac  W illson  by  pattent  bearing  Date  22d  day  of  May 
1(>94  Conteyneing  490  Acres  lyeing  in  perquimons  precinct  is  lapsed  for 
want  of  Seating  in  Due  time  and  humbly  prays  y*  Same  may  be  granted 
to  him 

Ordered  that  y®  Said  Land  be  Granted  to  y*  Said  tfred  Jones  as  pray’d 


Upon  Petition  of  Joseph  Callio  an  Inhabitant  of  Nuse  Showing  that 
he  and  one  Peter  ffoundgill  was  seized  of  a tract  of  Land  Conteyneing  six 
hundred  & ffortv  Acres  Sicuate  on  Bats’s  Creek  in  Nuse  river  as  Joint 
Tenants  and  that  y®  Indians  have  Killed  v®  Said  ffoungill  and  all  his 
tfamily  and  burnt  all  their  writeings  belonging  to  y®  said  Land  & pravs 
an  order  of  this  Board  to  Survey  v®  said  Land  againe  in  his  own  right 
Ordered  that  v®  Said  Joseph  Callio  have  Liberty  and  Survey  y®  Said 
Land  againe  in  his  owne  right  and  that  y®  Survevor  Doe  Survey  y*  same 
and  make  returne  thereof  accordingly 


It  is  ordered  bv  this  Board  that  a Probat  be  Granted  to  v*  Last  W ill 
& Testam*  of  John  Harris  Dec’d 


.31st  day  of  July  Ano  Dni  1712 

Present  Honbl®  Edwd  Hyde  Esqr  Govr  Cap*  Gen"  Adm"  &c 


for 


COLONIAL  RECORDS. 


865 


Upon  Petition  of  y®  Exec*"  of  y®  last  will  & Testani*  of  Jn°  Harris 
Dec’d  by  Tho®  Snoden  his  Attoy  praying  Apraisors  may  be  appointed 
to  apraise  y®  Estate  of  ye  Said  Jno  Harris  and  also  to  make  division 
thereof  persuant  to  ye  said  will 

Ordered  that  Sam11  Pagett  Richard  Lewis  Jn°  Jones  Jnn'  and  Dan" 
Halsey  or  any  three  of  them  Doe  appraize  and  make  division  of  y®  Said 
Jn°  Harris’s  Estate  according  to  that  will  and  return  a true  Inventory 
thereof  into  y®  Sec*ys  Office 

Whereas  by  an  act  of  Assbly  Intitled  an  act  Confirming  Survey  of 
Land  already  made,  passed  in  an  Assbly  holden  in  march  last  It  is  En- 
acted That  all  surveys  allready  made  (Which  are  not  prejudice  v®  Lds 
prop*"  rights  or  y®  Govr  or  the  presid*  for  the  tyme  or  any  particular 
persons  right)  for  any  of  the  Inhabitants  of  this  Governm*  and  ag*  which 
noe  Complts  shall  be  made  at  or  before  v®  next  July  Court  after  y*  pub- 
lication of  this  act  are  hereby  declared  to  be  good  and  vallid  in  Law  to 
all  Intents  & purposes  whatsoever  any  defects  or  Insuffieiencys  in 
ye  powers  or  authority's  for  y®  soe  doeing  to  y®  Contrary  in  anywise  Not- 
withstanding & that  patten ts  may  & ought  to  be  granted  on  v®  afsd  Sur- 
vey’s In  pursuance  of  which  act  Complaints  have  been  this  day  made 
before  this  Board  that  divers  tracts  of  Land  have  been  Survey’d  by 
warr*9  signed  by  Co"  Tho8  Cary  as  Dep*y  Govr  or  Presd*  of  y®  Counci  11 
and  Dated  since  ve  said  Cary  was  Superseaded  in  ve  afsd  authority  and 
this  board  haveing  duely  weight  and  Considered  vc  afsd  Comp1*  are  of 
the  oppinion  that  all  Blank  warr*®  or  pattents  signed  by  any  Govr  or 
presid*  and  not  fill’d  up  and  Dated  before  such  Govcnr  or  presid*  be 
supersceeded  dead  or  otherwise  removed  the  same  is  1 availed  and  of  none 
Effect  and  if  ffill’d  up  Dated  & & made  of  use  of  afterwards  is  a great 
rong  <fc  Injury  to  y®  Govr  then  next  Comeing  and  to  y®  people  takeing 
up  land  on  soe  grounless  a ffoundation 

Wherefore  it  is  ordered  by  this  Board  that  all  y®  Serveys  that  have 
been  made  by  virtue  of  any  warr**  Signed  by  Co"  Tho*  Carv  as  Dep* 
Govr  president  of  v®  Councill  A not  fill’d  up  and  Dated  before  v®  publi- 
cation of  y® .Commission  from  y®  Ld8  prop*”  directed  to  their  presid*  A 
Deputy's  by  woh  y®  Said  Cary  was  removed  from  v®  sd  Office  be  and  are 
hereby  declared  Void  & of  none  Effect  all  pattents  and  rights  granted 
thereon,  And  that  if  any  pesons  that  has  had  any  Land  Survey’d  on  such 
\\  arr*  have  paid  any  money  for  y®  Same  the  person  to  whome  y®  Same  is 
paid  Shall  pay  y®same  back  again  and  the  same  persons  shall  have  y®  pref- 
crrancc  to  take  up  y®  Same  Land  again  if  they  think  titt  And  the  See*'  i.- 


105 


COLONIAL  ItliXJORDS. 


-S(i(i 


liereby  Ordered  to  lay  before  this  Board  all  such  warrte  as  he  shall  find 
in  his  Office  <fc  Cause  this  order  to  be  published  in  every  precinct — 

Upon  Petition  of  Cap1  Lyonell  Reding  praying  Letters  Adm**0"  upon 
v*  Estate  of  Capt  dames  Beard  Deed  as  greatest  Credit*/  to  y®  sd  Estate 

Ordered  that  he  have  Letters  of  Admt,on  on  y®  Estate  of  v®  said  James 
Beard  Accordingly  And  that  'l'ho8  Worsley  Jn°  Adams  Ed\vd  Carter  & 
\Vm  Gray  or  any  three  of  them  being  first  Sworne  Doe  appraise  y*  (foods 
A Chatties  of  y®  Said  Beard  and  make  returne  thereof  to  y®  Sectys  Office 
accordingly — 

flic  HonbI®  the  Govr  having  represented  that  there  is  a necessity  to  semi 
an  Express  to  one  Martin  an  Indyan  Trader  on  v®  head  of  Poto- 

mack  to  gett  Intelligence  from  him  of  y®  motion  of  y®  Seneca  Indyans. 

Ordered  that  y®  Govr  Doe  send  such  person  as  he  shall  think  to  v®  said 
Martin  \vth  such  Letters  and  Instructions  as  lie  shall  think  proper — 

It  is  ordered  bv  this  Board  that  a Messenger  be  forth\vth  Sent  with  In- 
structions from  y*  Govr  to  v®  Nation  of  Indyans  Called  y®  Sajionees  to 
Endeavor  to  gett  them  to  engage  wth  us  in  this  present  warr  agl  v®  heathen 
upon  such  Conditions  as  they  shall  think  fitt  And  to  promise  them  on 
behalfe  of  this  Governm*  that  if  their  wives  & Children  will  come  into 
this  Country  they  shall  be  protected  A:  provided  for  in  the  meanwhile — 

Information  being  made  to  this  Board  that  Mr  John  Porter  Senr  has 
seized  upon  divers  Goods  in  Custody  of  YVm  Moody  Terrence  Beine  A 
Nathan1  Beard  who  was  supposed  to  have  feloniously  stole  y®  said  Goods 
Whereupon  It  is  ordered  he  forth  wth  Sent  for  and  Lodged  in  y®  hands  & 
Custody  of  y®  Honw®  the  Govern'  until  y®  persons  afsd  be  acquitted  of  sd 
H’ollony  or  the  true  owners  of  y®  sd  Goods  doe  Appeare  and  make  their 
(Jaime  Appeare  to  v®  Same — 

It  is  ordered  by  this  Board  that  a Shallop  belonging  to  Richard  Sil- 
vester of  Yirga  whereof  Richard  Jasper  is  at  present  master  be  forthw*h 
Imprest  into  v®  Countrys  Service  and  Dan"  Lewis  and  Mathew  Midgett 
doe  apraise  the  same  wth  all  her  takle  furniture  and  apperell  and  make 
returne  thereof  to  this  board 

Upon  Complaint  to  this  Board  by  Cap*  tired  Jones  that  great  quanti- 
tys  of  Salt  was  Irregularly  taken  from  his  house  at  Match epungs 
under  pretense  of  Suporting  y®  Garrisons  thereabout  and  j> ray’s  that  v® 
Same  be  returned  to  him  in  Kind 

Whereupon  It  is  ordered  that  Wm  Barrow  and  Isaac  Jacobs  who  tooke 
part  of  v®  said  Salt  away  shall  returne  v®  Same  quantvs  of  Salt  againe 
by  v®  tenth  of  Octor  next  at  y®  afsd  house  of  y®  said  Jones  in  Matohe- 
pungo  afsd  as  they  did  take  away 


f T KNIGHT  Sectrj 


COLONIAL  RECORDS. 


*67 


[Council  Journal.] 


North  Carolina — ss 

Att  a Councill  holden  at  v®  house  of"  the  Honble  Edwd  Hyde  Esqr  in 
Chowan  on  y®  9 clay  of"  Aug1  Ano  1712 

Present  the  Hon1’1®  Edwd  Hyde  Es<|r  Govr  c fee 
t Thos  Pollock 
The  HonabI®‘  Tho*  Peterson 
{ T Knight 

It  is  ordered  by  this  Board  that  Cap1  Wm  Rawlason  he  Implov’d  in 
y®  Countrvs  service  as  master  of"  y®  Sloope  Returne  belonging  to  the 
HonbI®  Barron  I)e  Graffenreid  and  now  lveing  a ground  in  Nnse  River 
and  that  he  forth wth  doe  take  y®  Said  Sloope  into  his  Charge  and  En- 
devour  to  get  her  off  and  put  her  in  oi'der  iitt  for  v®  Country  Services 
and  that  Majr  Gen11  Pollock  be  Thereby  I in ] towered  to  agree  wth  y*  Said 
Rawlason  for  his  wages  and  give  him  such  Instruction  as  he  shall  think 
fitt  for  that  purpose  And  that  y®  Said  Rawlason  doe  as  soon  as  Conven- 
iently he  can  after  he  has  rec’d  vc  said  Sloop  in  to  his  Custody  give  an 
acco‘  to  this  borcl  w‘  Condition  Slice  is  in  And  it  is  hereby  further  Or- 
dered that  Charles  Worth  Glover  y®  present  master  of  y®  Said  Sloop  doe 
Imeadiatelv  on  sight  hereof  deliver  to  y®  Said  Rawlason  y®  said  Sloop 
and  all  y®  sailes  Rigging  or  other  things  belonging  to  v®  Said  Sloop  as  lie 
has  in  his  Custody  and  that  he  be  discharged  therefrom 
By  ordr  of  y®  Councill 

T Kniuht  Sectv 


[From  N.  C.  Letter  Book.  S.  P.  (i.| 


LETTER  FROM  REV.  MILES  GALE.  RECTOR  OF  KIGH- 

LEY. 

Kkjhlkv,  in  Craven,  Aug.  26,  1712. 

My  IiORD : — 

1 am  informed  by  letters  from  my  eldest  son,  Mr.  Gale,  who  has 
been  an  inhabitant  of  North  Carolina  these  eight  years,  and  borne 
several  offices  in  that  unsettled  government,  that  tin*  religion  of  that 
country  is  at  a very  low  ebb,  and  that  little  stock  carried  over,  in  dan- 
ger to  be  totally  lost  without  speedv  care  of  sending  ministers  to  teach 
the  word  of  truth. 


l"  Esqr  Lds  prop1"  Dep* 


Sli.S 


COLONIAL  RECORDS. 


That  North  Carolina  has  been  inhabited  bv  the  English  eighteen  years, 
and  in  all  that  space  they  have  had  but  one  clergyman,  and  he  left  them  for 
want  of  encouragement;  and  that  for  these  last  eight  years  they  have  had 
none;  so  that  all  the  children  under  that  ago  remain  unbaptized,  of  which 
many  have  been  cut  off  bv  a late  massacre.  The  unhappy  divisions 
among  the  English  into  parties,  encouraged  two  sorts  of  Indians,  the 
Corees  and  the  Tuscaroras,  to  come  down  upon  them  and  cut  oft’  about 
two  hundred,  the  rest  securing  themselves  in  small  garrisons  made  of 
private  houses.  According  to  my  son’s  request,  I hereby  present  vour 
grace  with  the  present  sad  circumstances  of  that  fine  and  fruitful  coun- 
try, not  doubting  of  your  assistance  in  so  pious  a work  as  the  establish- 
ment of  Christianity  in  a heathenish  country.  That  your  grace  may  live 
long  to  God’s  glory,  the  world’s  goods,  and  vour  own  happiness,  is  the 
hearty  prayer  of 

Your  most  obedient  and  humble  servant, 

MILES  GALE. 


[B.  P.  R.  O.  B.  T Proprieties.  Voi..  30.  p.  374.] 

August  27th  1712. 

To  the  Right  Honb,e  the  Lords 
Proprietors  of  Carolina. 

My  Lords. 

Her  Majesty  is  very  much  surprized  to  find  that  several  of  her  sub- 
jects have  lately  been  sent  here  in  Custody,  from  some  of  the  Plantations, 
without  any  Evidence  of  their  crimes;  Which  as  it  is  a practise  very 
injurious  to  the  particular  Persons,  who  fall  under  the  misfortune,  it  is 
likewise  very  derogatory  to  the  Honour  of  Her  Majesty’s  Government. 
And  therefore  we  are  Commanded  to  signify  Her  Majesty’s  Pleasure,  that 
your  Lordships  give  directions  to  the  Governor,  that  he  do  not  upon  any 
occasion  send  any  of  Her  Subjects  hither  a>  prisoners  without  good  Proof 
first  made  of  the  Crime,  and  that  Proof  transmitted  along  with  the 
Prisoner. 

We  are, 

My  Lords 

Your  Lordships 

Most  humble  servants 

GUILFORD. 

PHIL.  MEADOWS. 
ARTH.  MOORE. 

Whitehall  T.  IIYNDE  COTTON. 

August  the  27th  1712. 


COLON  I A L RECORDS. 


869 


[From  Pollock’s  Letter  Book.] 


Sept  9th  1712 

Gentlemen 

After  mine  to  you  <>t'  yesterday’s  we  had  the  great  misfortune  to  lose 
our  Governor,  who  deceased  yesterday  about  12  of  the  Clock  of  a violent 
fever,  had  held  him  seven  days;  and  hath  left  us  in  a most  deplorable 
condition:  a barbarous  enemy  to  deal  with;  a scarcity  of  provisions, 
being  scarce  able  to  supply  our  garrisons  and  what  small  forces  have  out ; 
and,  the  worst  of  all,  a divided  ungovernable  people.  But  hope  God  in 
his  good  time  will  deliver  us  from  all  these  affliction  and  difficulties 


[Council  Journal.] 


Esqr  Lds  prop*™  Pep*y 


North  Carolina  ss 

Att  a meeting  of  Lds  prop”  Dep‘ys  at  y®  house  of  y®  Honble  Majr  Gen11 
Pollock  in  Chowan  on  the  12  day  of  Sep1  Aui  l)ni  1712  where  was 

Tho8  Pollock 
Thos  Boyd 

The  Honbl®  < Nath  Chevin 
Wm  Reed 
Tob*  Knight 

It  having  pleased  Almighty  God  to  take  out  of  this  life  the  Honble 
Edwd  Hyde  Esq®  late  Govr  Cap*  Gen"  & Adm"  of  this  province  the 
above  named  I)ep‘ys  In  persuance  to  v®  Lda  proptr  Instructions  <&  for  ye 
better  Governm*  of  this  Country  and  preserving  v®  peace  of  y®  Same 
Doe  unanimously  make  Choice  of  y®  Honble  Majr  Gen"  Tho8  Pollock  to 
be  presid*  of  v®  Council!  A'  Comaml®  in  Chief  of  this  Governm*  untill 
the  Lds  prop*”  pleasure  be  farther  Knowne 

And  there  upon  v®  Said  Tho8  Pollock  Solemnly  tooke  and  Subscribed 
bv  Law  appointed  to  be  taken  by  Law  for  his  quail ification  together  w*h 
the  Oath  appointed  to  be  taken  bv  all  Govr  & Conunandr  in  Chiele  for 
v®  Due  Observation  of  \"  Lawcs  of  Trade  and  then  took  his  place  at  y* 
Board  accordingly 

Att  a C’ouncill  holden  at  y®  tyme  and  place  above  sd 

Present 

The  Honbl*  'Tho8  Pollock  Esq' 

Presid'  of  v°  Councill  it  Comand®  in  Chiefc 
| Tho8  Bovd 
I Nath  Chevin 
| \Ym  Reid 
^ Tob*  Knight 


The  Hon1' 


Esi  | 


,ds  prop*" 


1 )ep 


870 


COLONIAL  RECORDS. 


Majr  Christopher  Gale  presenting  to  this  Board  a Deputation  from  y® 
Lady  Eliza  Blake  Guardian  to  Joseph  Blake  Esqr  a minor  and  one  of 
ye  true  and  absolute  Lds  prop*™  thereby  appointing  him  to  be  Deputy  to 
y®  Said  Joseph  Blake  which  was  publickly  read  allowed  o<‘  and  ordered 
to  be  recorded  And  there  upon  y®  said  Christopher  Gale  tooke  and  Sub- 
scribed the  several]  Oatlies  by  Law  appointed  to  be  taken  for  his  < jtialli- 
fieation  & then  tooke  his  place  at  y®  Board  accordingly 

Then  a proclamation  was  published  in  following  words  (Viz1) 

For  as  much  as  it  hath  pleased  Almighty  God  to  take  out  of  this  life 
the  Honbl®  EdwJ  Hyde  Esqr  late  Govr  Cap*  Gen"  and  Adm"  of  this 
province  and  the  Lds  prop*”  Depty®  having  thought  fitt  for  y*  future 
good  Govern m*  of  this  Country  and  for  preserving  the  Peace  and  Tran- 
quillity thereof  to  make  choice  of  the  Honu®  Tho®  Pollock  Esqr  to  be 
presid*  of  the  Council  and  Comandr  in  Chiefe  of  this  province  until  v® 
Lds  prop*™  pleasure  be  farther  knowne  Whereupon  wee  doe  by  this  our 
proclamation  strictly  on  her  Maj®‘  behalfe  require  and  comand  all  her 
Maj*y  Loveing  Subjects  within  this  Governm*  to  render  their  Due  obedi- 
ence thereto  And  doe  hereby  also  farther  declare  all  comissions  .both  mil- 
litary  and  Civill  & all  process  depending  in  any  Court  of  Record  in  this 
Governm*  are  and  shall  stand  & be  in  full  force  power  & virtue  untill 
farther  ordr  from  this  Board  Given  &e 

Upon  complt  to  this  Board  by  Co"  Mitchell  & ( 'ol  Alozr  Mackey  that 
they  have  rec’d  divers  concureing  Information  ag*  Thomas  Cox  Senr 
& Wm  Stafford  Senr  of  Corretuck  for  that  they  did  in  a Mutinous  maner 
Seduce  A:  draw  a side  divers  men  who  had  Enlisted  in  y®  Service  of  this 
Governm*  to  y®  great  Detirment  of  v®  present  Expedition  ag*the  Indyan 
Enomy 

Whereupon  it  is  ordered  by  this  Board  that  y®  HonbIe  Majr  W“  Reed 
doe  Issue  out  his  ord™  to  Such  persons  as  he  shall  think  fitt  to  aprehend 
& take  v®  said  Tho®  Cox  and  Wm  Stafford  <Sr  Carry  them  before  v*  said 
Cou  Mitchell  & Co"  Mackey  to  be  punished  as  v®  Lawes  in  that  case  re- 
quires Only  in  Case  they  shall  be  adjudged  to  Death  It  is  hereby  ordered 
that  y®  execution  be  suspended  untill  farther  orders  from  this  Board  of 
which  advice  is  given  to  Co"  Mitchell  & Co"  Mackey 

Upon  Petition  of  Tho®  Roper  Showing  that  his  bror  Jno  Roper  is 
Dead  without  will  and  that  y®  Said  Jn08  Widdow  is  a Distracted  person 
and  not  Capable  of  taken  out  Administration  on  her  deed  husband  Estate 
therefore  prays  Administaation  may  be  granted  to  him  on  behalf  of  v® 
said  Widdow  & Children 


COLONIAL  RECORDS. 


87] 


Ordered  that  Administration  be  granted  to  y®  Said  Tho8  on  behalfe  of 
y®  said  Widdow  A Children  accordingly 

Upon  Petition  of  Jonathan  Bateman  praying  v‘  a Certian  Negro 
Called  Harvey  which  he  bought  of  one  Jno  Butler  brought  from  South 
Carolina  and  now  in  v®  Custody  of  y®  Marsh"  may  be  redelivered  to  him 
And  it  appearing  to  this  Board  that  no  one  hath  any  Just  Claime  to  him 
It  is  ordered  that  y®  Marshall  doe  deliver  v®  afsd  Negro  unto  v®  Said 
Jno*  Bateman  he  paying  v®  fees  due  thereupon  & giving  sutfeicent  Se- 
curity fin-  y®  Dutys  and  for  y®  Importain  of  the  sd  Negro. 

Upon  Petition  of  Daniel]  Jones  Showing  that  Edward  Wilson  is  Dead 
without  will  and  that  Sarah  his  wife  together  with  Eliza  Wyatt  Wife  of 
Sam"  \\  yatt  are  Daughters  & Cohoy res’s  A nearest  of  kind  to  y®  Dec’d 
A therefore  prav’s  Letters  of  Administration  on  v®  Said  Echvd  Wilsons 
Estate 

Ordered  that  Leters  of  Administration  be  granted  on  v®  Said  Estate 
of  v®  Said  Wilson  to  v®  afsd  Dan"  Jones  A Sam"  W yatt  on  behalfe  of 
their  wives  afsd 

And  that  Cap6  Jno  Petti ver  Jno  Ifalconer  Tho®  Paris  A Tho"  Averv  or 
any  three  of  them  doe  make  Division  of  v"  afsd  Estate"  between  v®  sd 
Dan"  Jones  and  y®  Afsd  Sam"  Wyatt 

Upon  Petition  of  Tho8  Long  Exeetr  of  y®  last  will  and  Testam*  of 
Robert  ffendall  Dec’d  praying  Apraisors  may  be  appointed  to  appraise 
y®  Estate  of  y®  Dec’d 

Ordered  that  Majr  James  Coles  ffra  Beezly  James  Ward  A Joshua 
Calloway  or  anv  three  of  them  doe  appraise  y*  said  Estate  and  make 
returne  accordingly 

Whereas  there  has  been  Twenty  new  (Tims  and  Some  Amunition  sent 
unto  y®  Honbl®  Edwd  Hyde  Esq1  late  Co vr  from  So  Carolina  for  v®  Ser- 
vice of  this  Governm6  And  M;tdm  ( 'at La  Hyde  wi’dd  A Relict  of  v®  said 
Edwd  Hyde  being  desirous  that  v®  Governm6  Shoud  take  into  their  pos- 
session the  said  Guns  and  A munitions  for  v®  said  service  afsd 

It  is  ordered  by  this  Board  that  y®  said  Guns  A Amunition  be  put  into 
y®  Custody  of  v®  Honbl®  the  president  to  be  by  him  applv’d  to  v®  Service 
of  y®  Governm1  as  he  shall  think  most  proper  and  that  he  give  Mad™ 
Hvde  a reep6  for  v®  Same 

It  is  ordered  by  this  Board  that  Majr  Cleve  be  provost  Marsh"  for  y® 
County  of  Bath  and  that  a Comission  for  that  purpose  be  prepared  ag‘ 
v"  next  Councill  and  that  he  then  give  in  security  toy®  presid6  for  y® 
Execution  of  his  said  Office  according  to  v®  Act  in  that  Case  made  And 
that  lie  have  authority  to  Ad  in  v®  Said  Oflice  in  ve  mean  while 


872 


COLONIAL  KECOUDS. 


I 'pon  pdiliitii  of  Ilaimali  Smyth  praying  apraisors  may  lie  appointed 
to  appraise  Such  part  of"  y°  Estate  of  Jn°  Lawson  I )ecM  as  is  in  lhi> 
( Vnmtv  of  Albemarle 

Ordered  that  Co"  Tho"  Lovd  Majr  Christo  Gale  & Tobias  Knight  Es<|r 
doe  appraise  y®  said  Estate  and  make  returne  thereof"  accordingly 

It  is  ordered  by  this  Board  that  Tho'  Pollock  Jr  be  appointed  Survey' 
Gen"  of"  this  Govern nf  and  that  a Comission  doe  Issue  out  to  him 
accordingly  And  then  y®  Said  Tho8  Pollock  Jr  tooke  and  subscribed  the 
severall  Oathes  appointed  to  taken  for  his  quallifieation  And  Co"  Tho' 
Boyd  Came  and  assumed  upon  himselfeto  be  security  for  ye  Said  Thoma> 
Pollock  «Jr  according  to  ye  Laws  in  that  behalfe  made 

T KNIGHT  THO8  POLLOCK 

C GALE  THO'  BOYD 

N CHEVIN  Wm  REED 


[From  Pollock’s  Letter  Book.] 

Sept  15th  1712. 

Gentlemen 

The  Impertunity  of  the  Council  at  this  juncture  hath  prevailed  with 
me  to  accept  this  place,  much  contrary  to  my  intention  and  inclination. 
And  these  few  lines  are  only  to  acquaint  you  that  you  may  be  assured 
that  their  shall  be  nothing  wanting  of  my  endeavours  in  hastening  out 
what  forces  I can  to  your  assistance,  As  for  those  two  men  at  Curetuck 
Cook  (?)  and  Stafford,  the  highest  punishment  you  can  indict  on  them  I 
believe  it  little  enough.  But  I should  be  very  much  troubled,  if  my 
administration  should  begin  with  the  death  of  any  of  our  people. 
Wherefore  would  desire  you,  if  the  Court-martial  do  proceed  so  far  as 
to  give  judgement  of  death  upon  them,  to  respite  the  execution  until 
you  have  an  answer  and  result  from  me,  and  the  council.  Gentlemen, 
God  almighty  give  success  to  your  endeavours;  which  shall  be  the  dailv 
prayer  of,  Gentlemen, 

Yours 

A true  copy  sent  by  Major  Chevin 


COLONIAL  RECORDS. 


873 


[From  Pollock’s  Letter  P.ook.] 


A TRUE  COPY  OF  A LETTER  TO  THE  LORDS  PRO- 
PRIETORS DATED  SEPT  20th  1712 

May  it  please  your  Lordships 

Amongst  the  many  and  great  judgements  it  hath  pleased  God  to  inflict 
on  the  poor  people  of  the  north  part  of  your  Province  of  Carolina,  the 
death  of  Governor  Hyde  is  none  of  the  least.  For  thereby  we  have  not 
only  lost  the  great  interest  we  had  with  your  Lordships,  but  also  with 
the  neighbouring  Governments;  and  albeit  he  and  the  Council  have  used 
their  utmost  endeavours  to  unite  and  reconcile  all  differences  among  the 
people,  in  order  to  which  (according  to  the  purport  of  your  Lordships’ 
instructions  to  him)  have  issued  out  a proclamation,  pardoning  any  that 
had  any  hand  in  the  late  rebellious  practices,  excepting  only  Col  Thomas 
Cary,  Mr  John  Porter  Sen”,  Edmond  Porter,  Emanuel  Low,  Mr  Roach,  and 
two  or  three  more  here,  who  have  been  chief  instruments  in  stirring  up  the 
people.  Yet  notwithstanding,  it  hath  not  produced  the  desired  effects, 
the  people  still  continuing  stubborn  ct  disobedient  ; some  few  evil  dis- 
posed persons  still  blowing  up  the  coals  of  dissent  ion  amongst  them,  to 
the  great  hindrance  of  carrying  on  the  wars  against  the  Indian  Enemies. 

The  real  desire  to  serve  his  Majesty,  your  Lordships,  and  the  poor 
people  here,  with  the  impertunity  of  the  council  here,  have  forced  me  to 
accept  of  the  administration  at  this  time  when  the  country  seems  to  labor 
under  insuperable  difficulties,  when  in  more  peacible  times  I have  re- 
fused it.  And  I assure  your  Lordships,  that  1 will  faithfully  and  truly 
serve  you  to  the  utmost  of  mv  power  and  knowledge,  until  you  are 
pleased  to  appoint  some  other  In  the  mean  time  think  it  my  duty,  as 
briefly  as  I can,  to  lay  before  you  the  true  state  of  the  country. 

The  people  of  this  country  are  greatly  impoverished:  them  at  news  and 
Pamptico  having  most  of  their  houses  and  household  goods  burnt,  their 
stocks  of  Cattle,  hogs  horses,  tfcc,  killed,  and  carried  away  and  their 
plantations  ruined  bv  the  Indians:  they  forced  to  secure  themselves  in 
forts;  as  we  likewise  on  the  south  southwest  shore  of  Chowan,  where  I 
live,  are  forced  to  do,  Then,  we  in  Albemarle  County  are  forced  to  sup- 
ply those  in  News  and  Pamptico  with  grain,  and  the  forces  we  send  from 
hence,  likewise  the  Ashley  River  Indians;  whereby  our  trade  is  ruined, 
their  being  no  grain  nor  little  or  no  pork  this  two  or  three  years  to  send 
out;  so  that  what  few  vessels  comes  in  can  have  little  or  nothing,  unless 
10(> 


874 


COLONIAL  RECORDS. 


a little  pitch  or  tar:  so  that  many  have  not  wherewith  to  pay  their  debts, 
and  but  few  that  can  supply  themselves  with  clothing,  necessary  for  their 
families.  Then  the  public  is  several  thousand  pounds  in  debt  for 
mens  wages  employed  in  the  country’s  service,  ammunition,  provisions, 
vessel’s  hire,  agents,  and  messenger’s  charge  to  our  neighbouring  govern- 
ments, and  several  other  things  too  tedious  to  trouble  your  Lordship 
with. 

The  Indian  war  continuing  still,  disention  and  disobedience  as  much 
as  ever  amongst  the  people,  which  with  the  want  of  ready  pay  to  pay 
off  the  people  that  have  been  out  in  the  countrys  service,  is  the  greatest 
mischief  of  all : so  that  albeitt  in  our  last  Assembly  we  had  an  act  made, 
that  every  person  that  would  not  go  out  in  the  country’s  service  against 
the  Indians  should  forfeit  and  pay  five  pounds  towards  defraying  the 
charges  of  the  war:  Notwithstanding  which  act  few  or  none  would  go 
out;  albeit  Governor  Hyde  was  just  beginning  to  put  the  Law  in  execu- 
tion, when  he  died  there  being  now  but  130  or  140  men  in  all  at  News 
with  Col  Mitchell  and  Col  M°Key,  who  are  commander  for  the  expedi- 
tion against  the  Indians,  too  fw  in  number  to  conquer  the  Tusearoras; 
only  in  hopes  of  getting  some  men  from  this  county,  and  also  are  in  Ex- 
pectation, (by  letters  from  Governor  Craven  and  our  agent)  of  Indians 
from  South  Carolina  to  assist  us.  There  has  been  likewise  some  Tuska- 
rora  Indians  with  the  Governor  of  Verginia  and  pretend  a great 
willingness  to  a peace,  In  order  to  which,  they  are  to  be  with  him 
against  the  28Ul  of  this  Instant  September,  where  we  send  in  like- 
wise two  agents  Mr  Tobias  Knight,  and  Major  Christopher  Gale;  not 
with  any  expectation  of  the  Governor  of  Verginia  making  a peace  for  us 
for  that  would  be  dishonourable  to  your  Lordships,  and  a means  to  render 
us  contemptible  to  the  Indians,  but  to  see  what  articles  they  propose. 
But  I believe  this  pretending  to  peace  is  only  for  delaying  of  time,  until 
they  get  their  corn  gathered  in  their  forts,  and  until  they  see  if  they  can 
have  any  help  from  the  five  nations,  Confederate  nations  of  Indians, 
commonly  called  Senecas.  Your  Lordships  may  see  by  this  brief  rela- 
tion, what  inextricable  difficulties  we  are  plunged  into;  our  enemies 
strong,  and  numerous,  well  provided  with  arrnes  and  ammunition ; our 
people  poor,  dispirited,  undisciplined,  timorous,  divided,  and  generally 

disobedient,  and  not  only  a great  want  of  armes  and  ammunition 

but  likewise  the  poor  men  who  have  been  out  in  the  service  of  the  Coun- 
try for  want  of  their  pay  are  in  want  of  Clothing,  so  that  they  are  not 
well  able  to  hold  out  in  the  woods  in  the  cold  weather  after  the  Indians. 
And  if  the  Government  of  South  Carolina  had  not  assisted  us,  with  their 


COLONIAL  RECORDS. 


875 


Indian  in  probability  News  and  pamptico  had  been  deserted,  and  I believe 
a great  deal  more  of  the  Country  by  this  time.  And  in  all  probability, 
if  Col  Barnwell  had  done  his  part,  albeit  the  most  part  of  his  Indians 
had  left  him,  the  war  had  been  ended  by  this  time.  For  Col.  Mitchell  a 
Swiss  Gentleman  who  eame  in  with  Baron  Graffenried,  having  continued 
to  draw  the  trenches  within  eleven  yards  of  their  fort,  being  only  pali- 
sades and  had  raised  a battery  very  near,  and  had  planted  two  great 
guns,  had  got  great  quantities  of  lightwood  and  combustible  faggots  to 
fill  all  up  between  the  end  of  the  trenches  and  the  palisades  so  that  the 
Indians  within  the  forts  (who  were  in  a manner  of  that  had  any  hand  in 
the  massacre)  would  have  surrendered  on  any  terms;  yet  he  made  a sham 
peace  with  them,  and  let  them  all  go,  which  he  and  they  both  broke  in 
a very  few  days  after.  The  taking  of  this  fort  (where  the  most  of'  our 
Enemy  Indians  were)  would  have  discouraged  the  rest  so  much  that  they 
would  have  either  complied  on  our  terms,  or  left  the  country,  and  would 
have  encouraged  our  people  much  in  taking  so  many  slaves.  And  albeit 
Col  Barnwells  Indians  killed  40  or  50  Cores,  Bare  River,  River  Neuse 
and  Matamusket  Indian  men,  and  took  near  upon  *200  of  their  women 
and  Children,  yet  in  all  the  time  he  was  here,  not  above  30  Tuskarora 
Indians  were  killed,  that  we  can  hear  of:  the  others  being  small  nations 
not  able  of  themselves  to  hurt  us.  All  these  things  1 doubt  not  Gov- 
ernor Hyde  hath  given  you  a large  account  before  this  time.  I hope 
your  Lordships  will  consider  our  distressed  condition,  being  greatly  in 
want  of  armes  and  ammunition. 

I hope  the  consideration  of  the  great  extremity  we  are  brought  to,  that 
we  are  Christians,  Her  Majesty’s  subjects,  and  your  Lordships’  tenants, 
the  venturing  of  our  lives  and  spending  our  Estates  for  the  preservation 
of  your  Lordships’  land,  will  move  your  Lordships  to  assist  us  by  such 
ways  and  means  as  vour  Lordships  shall  think  fit:  especially  with  armes 
and  ammunition,  or  20  [Big-guns]  and  round  shot  answerable,  200  small, 

good,  with  fixed  firelocks, or  000  gun  Hints,  which  I 

hope  sufficient  to  carry  on  and  finish  the  war,  and  may  be  a publick 
magazine  to  be  kept  always  ready  for  the  defence  of  the  country.  Also 
think  it  my  duty  to  inform  your  Lordships,  that  there  is  several  tracts 
of  land,  that  people  have  taken  up  and  surveyed,  upon  pretence  of  pur- 
chase, some  three  four  and  five  years  since,  and  some  longer,  without 
either  settling  or  (paying  for)  the  same:  which  hath  been  a great  hin- 
drance to  the  settling  of  the  (people);  and  seems  to  me  a great  damage 
to  your  Lordships,  they  paying  no  rents  for  the  same,  and  we  having  had 
several  disputes  in  Council,  but  could  not  determine  anv  thing  therein, 


876 


COLONIAL  RECORDS. 


wherefore  would  earnestly  desire  your  Lordships'  instructions  thereanent ; 
and  whereas  your  Lordships  seem  to  incline  that  our  laws  shall  hold  in 
force  only  two  years,  I shall  lay  before  you  the  great  inconveniences 
thereof.  First : several  benificial  laws  would  (fail)  which  we  could  never 
be  able  to  revive  again,  as  the  vestry  act,  which  empowers  the  vestry  to 
build  and  keep  in  repair  Churches  and  Chapels,  and  to  raise  stipend  for 
the  ministers  of  the  Church  of  England;  which  act  was  great  struggling 
obtained  when  the  (Quaker?)  party  were  not  so  numerous  as  they  are 
now  ; and  albeit  they  are  not  permitted  to  sit  themselves  in  the  assembly, 
yet,  being  the  most  numerous,  they  choose  such  members  as  are  guided 
and  directed  by  them,  and  (one)  commonly  worse  than  they  themselves 
would  be.  Then  it  would  give  a great  opportunity  to  every  Governor  or 
President,  every  two  years  to  impose  on  the  people  by  his  refusing  to 
give  his  consent  to  the  passing  of  the  laws,  unless  his  demands  were 
allowed,  which  hath  been  (to  my  knowledge)  very  prejudicial  to  the 
Country,  and  by  it  sometimes  we  have  been  without  any  laws  at  all  of 
onr  own  in  force.  I leave  it  to  your  Lordships’  consideration,  if  it  would 
not  be  as  well  to  have  the  body  of  our  laws  sent  to  your  Lordships  to 
confirm,  or  disallow,  or  suspend,  which  of  them  yon  shall  think  con- 
venient. 

I shall  add  no  more,  but  that  peace  and  prosperity  of  this  your  Lord- 

ships’  country  shall  be  the  chief  endeavour  of  him  who  is 

0 


[From  Pollock’s  Letter  Book.] 


A TRUE  COPY  OF  A LETTER  TO  MY  LORD  CARTERET, 
DATED  SEPT  20th  1712 

May  it  please  your  Lordship 

Having  been  your  Fathers  and  your  Deputy  here  about  these  twenty 
years  last  past,  which  your  Lordship  hath  favourably  confirmed,  think  it 
therefore  my  Duty  to  inform  you  of  all  matter  of  moment  relating  to 
the  government  here.  The  death  of  Governor  Hyde  hath  been  of  fatal 
consequence  to  this  government,  who  hath  laboured  under  abundance  of 
difficulty  since  his  arrival  here,  by  the  divisions  and  differences  amongst 
the  inhabitants  here,  and  the  Indian  war,  all  which  I believe  I may  truly 

[declare]  hath  been  chiefly  occasioned  by and  some  few  evil-disposed 

persons,  with  the  whole  body  of  the  Quakers  [who]  joined  them,  and 


COLONIAL  RECORDS.  ' 


877 


were  chief  instruments  to  stir  up  Col.  Cary  to  act  as  he  did;  and  albeit 
these  Quakers  were  very  active  in  pursuading  and  assisting  the  people  to 
rise  for  Col.  Cary  against  Governor  Hyde,  yet  now  in  this  Indian  war, 
wherein  News  and  pamtico,  and  the  south  and  southwest  shore  of  Chowan, 
which  is  the  best  part  of  the  government,  and  in  great  danger  to  be 
greatly  deserted,  yet  they  neither  will  assist  themselves  nor  suffer  others, 
but  hinder  and  dissuade  them,  all  they  can,  they  having  great  influance 
on  the  common  people,  and  will  not  so  much  as  send  their  armes  to  those 
who  are  willing  to  go,  and,  as  I am  credibly  informed,  hide  them  for 
fear  of  their  being  pressed:  and  albeit  at  the  last  assembly  with  much 
struggling  we  obtained  a law  that  every  person  between  1<>  and  00  years 
of  age  able  to  carry  armes  that  would  not  go  out  to  the  war  against  the 
Indians,  should  forfiet  and  pay  £5  towards  defraying  the  charges  of  the 
war,  yet  it  hath  not  had  the  desired  effect,  most  of  all  the  people  refusing 
still  to  go:  the  distemper  hath  been  so  epidemical  that  Governor  Hyde 
could  scarcely  find  any  person  that  would  undertake  to  levy  the  lines 
aforesaid.  So  that  we  labour  now  under  these  difficulties  following. — an 
Indian  War  heavy  upon  us.  The  public  some  thousand  pounds  in  debt; 
not  able  to  pay  off  men  goes  out  to  the  war,  which  greatly  discourages 
them,  there  being  no  way  to  pay  them  but  by  these  fines,  which  will  take 
a long  time  and  be  very  difficult  to  raise,  and  some  customs  laid  on  goods 
imported,  which ; our  trade  now  quite  failing,  comes  to  nothing,  and  lastly 
the  disobedience  and  stubbornness  of  the  people,  which  is  of  more  conse- 
quence than  any  of  the  rest,  and  chiefly  occasioned  by  these  Quakers  and 
some  few  other  evil  disposed  persons,  who  have  been  a plague  to  this 
government  these  4 or  5 years  last  past  who  easily  may  be  known  by 
Governor  Hyde’s  reiterated  complaints  against  them  to  vour  Lordships. 

I out  of  the  great  cofidence  of  have  of  your  Lordships  great  and 
good  character,  and  intending  to  lay  every  thing  from  me  belonging  to 
this  country,  at  your  Lordships  feet,  have  inclosed  a letter  from  me  to 
your  Board,  begging  the  favor,  after  your  perusal,  to  have  it  sealed  and 
delivered  at  the  Board,  and  that  your  Lordship,  with  his  Excellency  the 
Palatine  and  the  rest  of  the  true  and  absolute  Lords  Proprietors,  will 
assist,  what  you  can,  this  poor  distressed  people,  not  oidy  with  armes  and 
ammunition  which  is  greatly  wanted,  but  with  what  influence  your  Lord- 
ships  hath  over  the1  government  of  South  Carolina,  which  are  the  most 
capable  to  assist  us  with  their  Indians,  and  with  the  least  charge,  as  like- 
wise 1 doubt  not  your  Lordships  may  procure  Her  Majcstys  order  to  the 
government  of  Vcrginia,  who  arc  near  and  may  readily  help.  If  your 
Lordships  have  any  intention  of  taking  up  a maun  in  this  government, 


878 


COLONIAL  RECORDS. 


and  if  the  Indians  are  conquered,  there  is  by  report,  a seat  of  extraor- 
dinary land  upon  Neus  River  above  25  miles  higher  than  Baron  Graf- 
fenried’s  settlement.  Navigation  to  it  with  boats  or  shallops — — Col 
Barnwell,  commander  of  the  Indians  from  South  Carolina,  expected  to 
have  had  it:  Gov.  Hyde  had  entered  it,  but  by  his  death  it  is  clear. 
There  is  several  hundred  of  acres  of  clear  plantible  ground,  being  cleared 
about  three  miles  long  the  river  side,  and  will  undoubtedly  be  of  great 
value.  1 will  endeavor  to  reserve  it  untill  I understand  your  Lordships 
pleasure.  I being  informed  that  some  person  here,  supposing  that  the 
gentleman  whom  your  Lordships  have  commissioned  General  Surveyor 
of  this  county  will  not  think  it  worth  his  time  in  coming  over  here  and 
have  therefore  sent  over  to  procure  the  place  for  themselves,  Governor 
Hyde  and  the  couneill  having  in  some  measure  to  make  up  the  great 
charge  I have  been  at  these  wars,  bestowed  the  place  on  me,  and  since 
his  death,  with  consent  of  the  council  bestowed  it  on  a son  of  mine.  If 
your  Lordship  thinks  it  convenient  to  procure  it  for  him,  it  shall  beside 
full  satisfaction  for  the  charges  of  the  commission,  be  always  most  great- 

fully  acknowledged  by 

Both  sent  by  the  Baron. 

How  to  direct  to  Lord  Carteret — To  the  Right  HonbIe  Lord  John  Cart- 
eret, at  the  Lord  Way  mouth’s,  in  St  James  Square  London. 


[From  Pollock’s  Letter  Rook.] 


SENT  BY  LIEUTENANT  WOODHOUSE  AND  THO8 

JOHNSON 

October  3 day  1712 

Gentlemen  Friends  and  Neighbours, 

I have  recieved  and  with  grief  of  heart  considered  your  address  to  the 
Council,  and  shall  lay  it  before  them  as  soon  as  I can  get  them  together, 
and  in  the  meantime  shall  use  my  uttermost  endeavours  in  redressing 
your  wants  of  men,  provisions,  and  ammunition.  Captian  Norton  as  I 
was  informed  by  Mr  Knight,  sailed  last  Saturday  from  pasquotanke  in 
Major  Reed’s  sloop  with  30  or  40  men,  provisions,  and  two  Barrels  pow- 
der and  ten  Barrels  I think*  of  shot.  Mr  Benjamin  Tull  and  George 
Tomson,  who  were  here  last  night,  informed  that  last  Sunday  they  left 
Major  Cole  in  a periago  and  a shallop,  with  provisions  with  him  at 
Croaton.  I have  sent  now  this  morning  by  Mr  Tull  and  Mr  Tomson  a 


C ’OLON I A L R K(  ’ORI)S. 


879 


barrel  of  powder  and  ten  new  guns,  they  are  likewise  irapowered  to  take 
up  and  carry  back  all  deserters  they  can  meet  with  or  apprehend.  I have 
likewise  appointed  Mr  Furnifbld  Green,  Commissary  to  impress  and  sup- 
ply the  army  with  anything  that  is  to  be  had  in  Bath  County  : and  be- 
cause our  corn  here  will  not  keep  to  be  carried  round  to  the  army,  yet 
the  corn  there  in  Bath  county,  in  some  places  may,  and  they  may  be  re- 
paid from  here,  as  soon  as  conveniently  can  be.  As  for  meat,  I have 
writ  to  Mr  Jordan,  and  have  his  answer,  that  he  hath  a Shallop  almost 
ready  to  sail  for  the  army,  with  beef,  and  that  all  the  people  in  general 
are  very  willing  to  assist  the  army  what  they  can.  You  have  two  proc- 
lamations sent  you,  both  of  the  same  tenor,  confirming  all  officers  both 
civil  and  military.  The  first  was  sent  by  Capt’“  Cleeves  about  four  days 
after  the  Governor  funeral : the  other  by  Capt"  Stone. 

Gentlemen  and  Friends,  our  all  lies  now  at  stake,  our  country,  our 
wives,  our  children,  our  estates,  and  all  that  is  dear  to  us.  Let  us  there- 
fore bear  with  patience  some  hardships;  let  strive  against  all  difficulties. 
Who  can  tell  but  God  hath  appointed  you  to  be  the  defenders  and  deliev- 
erers  of  our  country?  We  have  lost  one  opportunity  already  of  deliver- 
ing of  our  country  in  not  taking  Cotechny  fort  last  spring,  and,  now  an- 
other opportunity  is  offered,  for  God’s  sake  let  us  make  us  of  it;  for  if 
we  lose  it  we  can  never  in  reason  expect  such  another.  The  Indians,  as 
we  are  informed  by  Tom  Blount  who  was  in  here  four  days  last  week,  are 
very  scarce  of  provisions,  and  ammunition,  so  that  they  can  not,  as  lie 
says,  stay  in  their  forts.  And  1 doubt  not  the  Ashley  River  Indians  will 
clear  the  woods  of  the  vermin,  and  force  them  into  their  dens,  1 mean 
their  forts,  which  they  cannot  be  able  to  hold  long,  for  want  of  provision, 
Ammunition,  firewood  and  everything  necessary. 

Wherefore.  Gentlemen,  let  us  look  to  God,  and  implore  his  assistance 
and  direction  Let  us  lay  aside  all  animosity,  difference,  and  disscntions 
amongst  ourselves;  Let  us  shun  such,  as  we  would  slum  the  plague,  that 
endeavour  to  raise  mutinies,  or  to  sow  the  seeds  of  dissention  amongst 
us.  As  for  my  own  part,  1 take  God  to  my  witness,  that  I have  not 
been  wanting,  nor  shall  not  to  the  best  of  my  knowledge  and  power,  in 
mv  true  endeavours  for  the  country’s  good.  The  peace  and  prosperity 
whereof  shall  be  still  the  chief  and  only  aim  of  him  who  is  in  all  sin- 
cerity, Gentlemen 


l 


880 


COLONIAL  RECORDS. 


PR  ESI  I ) ENT  POLLOC  K T( ) TI I E GO  V E RN(  )R  OF  VI.  RGINIA . 

[From  Pollock’s  Letter  Rook.] 

Octo.  5th  1712 

HoNd  Sir 

Our  agents  Mr  Tobias  Knight  and  Major  Gale  were  here  the  28th  of 
the  last  Month,  in  order  to  have  waited  upon  your  honor,  concerning  the 
meeting  with  the  Indians.  But  Tom  Blount  having  been  here  some  days 
before,  I have  told  him  that  your  Honour  and  the  courted  in  Virginia 
expected  him  in,  about  that  time,  and  that  it  would  do  well  to  goin  ac- 
cordingly ; he  answered  that  a messenger  from  you  told  him  that  he  should 
be  in  in  forty  days,  or  at  farthest  in  sixty  days,  and  by  that  time  he 
would  be  in  with  you.  He  seemed  to  be  very  earnest  for  peace,  and  to 
have  a trade  as  formerly,  which  I utterly  denied  him,  unless  less  he  would 
engage  to  bring  in  Hancock,  and  cut  of  all  these  that  had  any  hand  in 
killing  and  robbing  the  inhabitants  here,  and  bring  in  their  scalps.  And 
for  his  pretending  the  want  of  ammunition,  I promised  him  if  he  would 
bring  in  twelve  hostages  from  each  town  or  fort  that  I'  would  let  him 
have  ammunition;  only  for  his  own  town  we  would  desire  no  hostages, 
for  the  trust  that  we  put  in  him,  of  which  proposal  he  seemed  pretty  we 
satisfied,  and  was  sure,  he  said,  of  four  of  their  towns  that  would  agree 
with  [us],  and  he  believed  all  would ; only  he  would  go  home,  and  con- 
clude with  the  rest,  and  be  in  here  again  the  17th  of  this  month,  and 
from  hence  he  would  go  staight  to  your  Honor;  at  which  time  our  agents 
will  be  in  with  him.  He  was  earnest  with  our  interpreter  to  go  with 
him,  and  seemed  to  have  no  great  confidence  in  your  interpreter;  and 
then  lie  said  he  would  fully  conclude  peace,  both  with  your  Honour  and 
here,  on  any  terms  that  lay  in  his  power,  and  begged  of  me  to  write  to 
your  Honor  to  be  favourable  to  his  people  until  he  came  in. 

A packet  boat  is  newly  arrived  here  from  South  Carolina,  with  our 
agent  that  was  sent  their  in  June  last,  bv  whom  and  letters  from  Gov- 
ernor Craven  and  some  other  Gentlemen,  we  understand  that  their  Gov- 
ernor, Council,  and  assembly  have  agreed  to  send  one  thousand  Indians 
and  forty  or  fifty  white  men  for  our  assistance,  under  the  command  of 
Mr  James  Moor,  son  to  Col  Moor,  late  Governor  of  South  Carolina,  a 
young:  man  of  a very  good  character.  They  were  to  set  out  the  15th  of 
last  month,  The  Governor  hastens  them  away,  and  is  intended  to  accom- 
pany them  to  the  utmost  inhabitants  of  his  government. 


COLONIAL  RECORDS. 


8X1 


Sir  we  have  as  I am  informed,  many  of  our  people  that  are  away  from 
hence,  and  lurk  in  the  borders  of  your  government,  especially  on 
Cocks  and  Stafford  from  Currituck  who  were  the  chief  instruments  of  a 
meeting  of  their  and  caused  forty  or  fifty  men  to  desert  your  Honor’s 
sending  of  them  two  in  to  us  here,  would  be  of  great  service  to  the 
country. 

Sir  we  labour  here  under  almost  insupportable  difficulties,  having  a 
troublesome  war  upon  our  hands,  great  poverty  and  sickness,  and  the 
worst  of  all  and  unreasonable  and  ungovernable  people.  I hope  your 
Honor  will  assist  us,  what  you  can,  to  bring  this  war  to  an  honorable 
end,  and  favour  me  with  your  advice  in  this  troublesome  juncture,  which 
will  infinitely  oblidge 


PRESIDENT  POLLOCK  TO  GOVERNOR  OF  SOUTH  CAR- 
OLINA. 


[From  Pollock’s  Letter  Book.] 

Hon*1  Sir 

By  your  letter  to  Governor  Hyde  we  are  made  more  and  more  sensi- 
ble of  the  great  and  inseparable  loss  we  have  sustained  by  his  death. 
For  we  not  only  find  the  great  want  of  his  industrious  care  to  reduce 
this  distracted  and  divided  people  into  unity,  and  his  indefatigable  pains 
in  carrying  on  the  war  against  the  Enemy,  although  not  so  effectual  as  he 
desired;  but  we  are  likely  to  lose  our  interest  abroad,  Especially  with 
your  Honor,  but  hope  your  pity  and  charity  to  such  a poor  distressed 
people,  with  the  consideration  of  the  great  glory  will  to  you 

that  South  Carolina  under  your  administration  had  secured  us  from  our 
barbarous  enemies,  saved  our  country,  and  revenged  the  innocent  Chris- 
tian blood  spilt  by  these  cruel  merciless  heathens,  will  move  you  to  fin- 
ish so  good  a work. 

I can  not  find  words  to  express  the  great  obligations  we  have  to  your 
Honor  and  the  Government  of  South  Carolina,  the  safety  of  our  wives, 
our  Children,  our  estates,  and  all  that  we  have  that  is  dear  to  us  being 
owning  to  you.  And  as  1 have  in  some  measure  already  represented 
this  matter  to  the  Lords  Proprietors,  shall  by  the  next  give  them  a full 
and  true  account  of  your  goodness  and  favor  towards  us,  and  1 hope  of 
and  end  of  this  troublesome  war  by  your  means,  as  for  making  good  the 
107 


COLONIAL  RECORDS. 


882 


charge  you  have  been  out  in  this  war,  undoubtedly  it  ought  to  be  repaid 
with  all  gratitude;  but  I hope  your  Honor,  the  couneil,  and  assembly 
will  consider  the  distressed  condition  of  this  people.  We  consist  only 
of  two  counties;  one  whereof  is  in  a manner  totally  wasted  and  ruined 
by  this  Indian  war,  and  the  calamities  attending  it.  The  other  is  but 
little  better,  by  supplying  the  wants  of  the  other  County,  and  by  being 
hi nd red  in  their  .crops  by  this  war.  Notwithstanding  which,  1 have 
great  confidence  our  assembly,  which  is  to  meet  the  fourth  of  the  next 
month  month,  will  endeavour  what  they  can  to  satisfy  the  charges  of  the 
Expedition,  and  can  consider  no  other  way  they  can  be  able  to  do  it, 
than  according  to  these  bills  of  credit  you  take  122|  per  cent,  the  prin- 
cipal to  sink  at  the  end  of  twelve  years. 

I return  my  harty  thanks  for  putting  in  a man  of  so  good  and  great 
a character  [as]  Col  Moore,  commander  of  your  forces,  and  shall  be  am- 
bitious to  serve  him  in  any  thing  in  my  power 

The  members  of  our  Council  being  at  this  time  so  seperated  that  it  is 
imposible  for  me  to  geather  [them]  unless  should  attain  the  sloop  two  or 
three  weeks  longer,  but  can  in  a manner  assure  you  their  sentiments  will 
in  nothing  be  contrary  to  what  I have  writ,  and  being  and  assembly  is 
to  meet  the  fourth  of  the  next  month,  know  not  if  the  winds  be  favoura- 
ble but  your  answer  may  be  in  before  our  assembly  breaking,  and  hope 
by  your  next  return  to  give  Your  Honor,  Council  and  assembly  what 
satisfactions  we  are  able.  We  are  greatly  in  want  of  ammunition,  which 
I hope  your  Honor  will  remember  by  this  vessel,  and  had  it  not  been 
for  those  barrels  of  powder,  twenty  barrels  shot  twenty  guns  you  sent  to 
Governor  Hyde  we  should  have  been  quite  without ; all  of  which  is  sent 
around  to  our  forces  at  Core-town  fort,  who  attend  your  armies  coming; 
and  we  going,  by  information  I had  from  thence  last  week,  to  Catechne 
fort  which  Col.  Barnwell  besieged  last  spring;  having  had  their  scouts 
out  before  on  discovery  who  met  only  with  three  Indians,  one  of  whom 
they  killed  and  brought  in  his  scalp.  By  a letter  from  Governor  Hunter 
of  New  York  understand  of  no  danger  from  the  five  nations  of  senecas, 
they  pretending  they  had  no  hand  in  encouraging  the  Tuskaroras,  and 
are  out  now  against  the  French  Indians.  The  Indians  lately  have  killed 
one  man  [at]  Readings  fort;  and  to  the  number  of  about  200  of  them 
assaulted  it,  but  were  beaten  of  with  the  loss  of  about  five  of  their  men, 
and  did  little  damage,  only  burned  a sloop  that  lay  by  the  fort.  Like- 
wise some  of  them  have  burnt  the  houses  upon  four  plantations  towards 
the  mouth  of  Pamtico  River,  and  attacked  Cap1  Jones’  house,  but  were 
beat  off,  none  killed  of  our  people.  1 shall  add  no  more ; but  your 
Honor’s  favourable  and  speedy  answer  will  be  very  acceptable  to — 


COLONIAL  RECORDS. 


883 


[From  Pollock’s  Letter  Book.] 


Hond  Sir 

Yours  of  the  11th  instant  now  before  me,  and  as  for  the  Tuscaroras? 
should  he  very  unwilling  that  the  innocent  should  suffer  with  the  guilty, 
if  possible  to  distinguish  them,  and  am  altogether  of  your  Honor’s  opin- 
ion, that  there  is  no  dependence  on  their  promises,  they  being  bound  by 
no  ties  of  religion,  honor,  nor  honesty,  But  I am  forced  at  present  to 
bear  with,  and  prolong  the  time  with  Tom  Blount,  by  reason  the  forces 
from  Asldey  River  [are  not]  yet  arrived,  and  we  being  open  to  him. 
Tom  Blount  and  about  sixteen  of  his  men  came  in  here  on  Monday  last, 
being  four  days  later  than  the  time  promised.  He  said  he  came  out  time 
enough  to  be  here  at  the  time  agreed  upon,  but  hearing  that  some  of  the 
Catechne  Indians  were  got  on  this  side  Pamplico  River,  he  followed  them 
two  or  three  days,  which  hindered  him  that  he  could  not  come  in  at  the 
time  appointed.  He  seemed  willing  to  go  to  your  Honor  with  our  inter- 
preter, but  after  some  questions  and  answers,  and  that  I had  told  him  he 
could  expect  nothing  here,  nor  I believed  from  your  Honor,  until  he 
brought  in  Hancock,  and  had  some  assurance  of  his  performance  what 
he  had  promised,  he  presently  answered  that  he  would  go  and  bring  him 
in  if  possible,  and  would  return  [in]  eight  days.  He  seems  not  to  doubt 
finding  of  him,  only  doubts  lie  may  have  more  men  joined  with  him ; 
which  if  he  has,  he  says  he  will  pretend  friendship  with  him,  and  keep 
hunting  with  him  untill  he  get  more  men  from  his  Town  to  assist  him. 
He  is  to  bring  him  in  alive;  so  that  his  own  word  make  it  clear  there  is 
no  dependance  on  his  promises,  who  will  act  so  treacherously  to  those  of 
his  own  nation  and  his  near  relations. 

If  lie  brings  him  in  (which  1 much  doubt)  I will  immediately  give 
vour  Honor  and  account,  and  what  proposal  he  agrees  to  as  to  tin1  bring- 
ing the  hostages  and  whither  he  and  his  men  will  engage  to  cut  oil'  all 
the  Enemie  Indians  bv  themselves  or  in  conjunction  with  our  forces. 

If  he  bring  not  now  in,  I believe  we  must  expect  his  joining  with  the 
other  Tuscaroras  against  us,  which  may  prove  very  fatal  to  this  govern- 
ment, unless  assisted  by  you.  and  I hope  not  only  charity  will  move  your 
assembly  to  assist  us,  as  being  neighbours,  fellow-Christians,  under  the 
same  Queen,  but  also  interest;  for  having  conquered  us  it  will  undoubt- 
edly encourage  more  nations  of  Indians  to  join  them,  which  may  like- 
wise endanger  your  government. 


884 


COLONIAL  RECORDS. 


Hond  Sir  I doubt  not,  on  the  arrival  of  the  South  Carolina  forces,  a 
great  many  of  the  Tusoaroras  will  fly  northerly  on  the  hither  side  Pamp- 
lico  and  Moratoce,  expecting  the  South  Carolina  Indians  will  not  follow 
them  over  these  rivers;  so  that  if  your  Honor  could  move  your  assembly 
to  be  at  the  charge  of  raising  of  300  men,  with  the  Sappona  and  other 
Indians  (as  for  the  Meherrins  and  Natnas,  there  is  no  trust  to  be  put  in 
them)  to  be  ready  at  a day’s  warning  with  five  or  six  weeks  provisions, 
to  march,  to  stop  the  Tuscarora’s  flying  northerly,  and  could  move  them 
likewise  to  entrust  our  assembly  for  eight  or  nine  hundred  yards  of  duf- 
fels, to  clothes  our  people  to  march  out  likewise,  they  being  so  poor  gen- 
erally here  that  they  neither  are  all  clothed  to  endure  a winter  campaign, 
niether  have  they  wherewith  to  buy  it,  neither  is  it  to  be  bought  here, 
having  now  little  or  no  trade. 

It  might  be  a means  of  distroyed  our  Enemie  Indians,  and  bring  the 
rest  to  submit  on  reasonable  terms,  and  would  your  Honors’  favore 
in  having  a great  [share]  in  delivering  this  poor — 

I hope  your  Honor  will  pardon  my  tediousness  and  importunity ; the 
real  necessity  of  this  poor  people  in  general  urging  me  to  use  my  utter- 
most endeavor  in  their  favor. 

I understand  by  Mr  Foster,  our  agent,  whose  letter  have  inclosed?  that 
Col  Barnwell,  by  his  foolish  reflections  on  your  Honor  and  Governor 
Hyde,  hath  lost  the  favour  of  that  government.  I am  in  all  sincerity, 
Hond  Sir  your  most  obedient 

Humble  Servant 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


Mr  URMSTONE  TO  Mr  HODGES 


Sir. 


North  Carolina 

Octr  22ud  1712 


I acquainted  the  Honorable  Society  with  the  death'  of  my  fellow  La- 
bourer the  Revd  Mr  Adams  late  Missionary  in  this  province  per  the  first 
opportunity  after  the  same  and  withall  that  being  disappointed  of  that 
Library  brought  in  by  Mr  Gordon,  and  for  which  I stand  bound,  I de- 
manded that  which  belonged  to  Mr  Adams,  which  upon  inquiry  I found 
safe  and  entire  but  was  refused  it.  The  precinct  where  the  deceased  last 
dwelt,  pretending  the  Books  belonged  to  them  and  would  not  part  with 


COLONIAL  RECORDS. 


885 


them  except  I would  live  with  them.  I am  told  Mr  Rainsford  had  the 
like  answer.  Thus  Society  is  abused  and  their  Missionaries  in  this  as 
well  as  other  cases  ill  treated  by  an  ungrateful  worthless  people  I hope 
you  will  either  cancel  my  obligation  or  send  me  other  books  instead  of 

those  lost  by  Mr  Gordon  I aver  and  testify  that  those  Mr  Adams 

were  brought  in  were  at  the  time  of  his  death  safe  and  entire  as  above 
and  therefore  see  no  reason  his  heirs  should  suffer  but  what  is  since  be- 
come of  them  perhaps  neither  you  nor  I shall  ever  know.  I’ve  more 
than  once  complained  of  the  injust  usage  I have  met  with  in  reference 
to  a very  valuable  collection  of  choice  books  detained  at  Bath,  nowe  the 
seat  of  war  many  of  which  are  spoilt  and  the  rest  will  infallibly,  be 
destroyed  by  the  Heathen,  at  least  the  Ministry  will  never  be  much  bet- 
ter for  them  for  whose  use  they  were  chiefly  intended.  That  place  will 
never  be  the  seat  of  Government  nor  supplied  by  an  Incumbent  a remote 
obscure  dangerous  place  of  it  felt  incapable  of  subsisting  a Minister  and 
inconsistent  with  any  other  part  of  the  Colony.  I have  not  been  fa- 
voured with  a line  since  I arrived  herefrom  the  Society.  1 hope  1 shall 
be  so  happy  within  a short  time  and  that  my  requests  per  Col.  Quarry 
will  be  granted,  otherwise  you  must  expect  to  hear  I am  Bankrupt  & 
forced  to  run  for  it,  since  Col1  Hides  death  the  Quakers  and  their  adherents 
threaten  to  act  over  again  the  late  Tragedy  in  Order  to  settle  and  establish 
themselves  overthrowe  the  Church  & in  the  end  finish  the  ruin  of  this 
poor  country  if  the  Indians  do  it  not  for  them  but  these  Meeting  with 
little  or  no  opposition  cannot  fail  of  destroying  us  all;  We  are  in  ex- 
pectation of  succour  from  Ashley  River  but  that  is  very  uncertain.  Our 
cowardice  and  Quaking  principles  render  us  the  scorn  & contempt  of  all 
our  neighbours.  We  arc  to  have  an  assembly  on  the  4th  of  next  month 
I hear  few  but  quakers  and  their  party  are  chosen  Burgesses  so  that  we 
may  expect  but  little  good,  they  give  out  already  they’l  have  new  Lords 
and  new  Laws  or  rather  no  Laws  that  will  best  please  the  generality  of 
our  Gentry 

I am  good  Sir  &o 

JNO.  URMSTONE 
M issionarv. 


COLONIAL  RECORDS. 


886 


[B.  P.  R.  O.  B.  T.  Virginia.  Vol:  13.  O.  134.] 


COL  SPOTSWOOD  TO  THE  LORDS  OF  TRADE  OCTOBER 

THE  15th  1712 

Virginia  Octr  15th  1712. 

My  Lords 

The  arrival  of  the  Dunwick  Frigate  with  Her  MajtieB  Proclamation 
for  a Cessation  of  Armes  gives  me  the  opportunity  of  a few  minutes  to 
informe  your  Lord1"  of  the  present  scituation  of  affaires  in  these  parts. 

The  Indians  continue  their  incursions  in  North  Carolina  and  the  death 
of  Collonel  Hyde  the  Governor,  which  happened  the  beginning  of  last 
monetli  increases  the  misery  of  that  Province  so  much  weakened  already 
by  their  own  Divisions  that  no  measures  projected  by  those  in  the  Gov- 
ernment for  curbing  the  Heathens  can  be  prosecuted. 

This  unhappy  state  of  Her  Majestys  subjects  in  my  neighbourhood  is 
the  more  afflicting  to  me  because  I have  very  little  hopes  of  being  enabled 
to  relieve  them  by  our  Assembly,  which  I have  called  to  meet  next  week; 

4 for  the  mobb  of  this  countrey  having  trved  their  strength  in  the  late  elec- 
tion, and  finding  themselves  able  to  carry  whom  they  please,  have  gen- 
erally chosen  Representatives  of  their  own  class:  who  as  their  principal 
recommendations  have  declared  their  Resolution  to  raise  no  tax  on  the 
People  let  the  occasion  be  what  it  will.  This  is  owing  to  a defect  in  the 
Constitution  which  allows  to  every  one  tho  but  just  out  of  the  Condition 
of  a servant  that  can  but  purchase  half  an  acre  of  Land  an  equal  vote 
with  the  men  of  the  best  estates  in  the  country 

The  militia  of  this  Colony  is  perfectly  useless  without  arms  or  ammu- 
nition and  by  an  unaccountable  infatuation  no  arguments  I have  used 
can  prevail  on  these  people  to  make  their  militia  more  serviceable  the 
fear  of  enemys  by  sea  (except  Pirates)  are  now  happily  removed  bv  the 
Peace  which  if  on  no  other  account  than  that  alone:  ought  to  he  received 
here  as  the  greatest  and  most  valuable  blessing,  but  tin*  insurrection  of 
our  own  Negi’oes,  and  the  Invasions  of  the  Indians  are  no  less  to  be 
dreaded  while  the  people  are  so  stupidly  adverse  to  the  only  means  they 
have  left  to  protect  themselves  against  either  of  these  events.  I shall  for 
my  own  part  take  all  the  care  I am  capable  of  (under  these  disadvan- 


COLONIAL  RECORDS. 


887 


tages)  for  the  safety  of  Her  Majestys  Subjects  and  still  endeavour  to  tes- 
tify to  your  Lordships  that  I am  with  all  due  respect 

My  Lords 
Your  Lordsps 

Most  Dutiful  and 

Most  Obedient  Humble  Servant. 

A.  SPOTS  WOOD. 

(Endorsed) 

Letter  from  Coll  Spotswood  L‘  Govr  of  Virginia  Dated  the  15th  Oct 
1712 

Reed  Dec  29th  \ 

Read  Feb  26th  } ‘ 


[From  N.  C.  Letter  Book.  S.  P.  G.] 


MR.  URMSTONE  TO  THE  SECRETARY 

Nov.  G.  1712. 
Sir 

The  last  of  Nov.  1713  I rec’d  one  from  the  Honblc  Society  by  Col1 
Nicholson  who  stopping  at  Boston  forwarded  it.  The  very  true  dismal 
accounts  I have  given  of  affairs  here  both  with  relation  to  myself  and 
the  Governor  required  methinks  with  submission  a more  timely  and  suit- 
able answer  if  your — Missionaries  are  not  sold  to  be  slaves  or  banished 
to  a much  worse  place  than  ever  the  Giarii  of  old  were  much  more  what 
they  now  are — This  is  the  first  I ever  was  favoured  with  notwith- 
standing above  50  I have  written,  1 shall  be  ready  to  comply  with  what 
is  expected  of  me  with  reference  to  the  said  Gent  and  accordingly  upon 
a bare  intimation  that  he  expected  to  hear  from  me  I have  acquainted 
that  what  is  expected  of  me  1 cannot  comply  with  by  reason  that  the 
Vestries  have  rejected  misused  and  refused  to  do  anything  for  Missiona- 
ries upon  a supposition  that  our  salary  in  England  is  sufficient  & that  it 
was  never  expected  by  the  Society  that  the  Inhabitants  should  be  at  any 
charge  The  plain  truth  is  our  Holy  religion  (as  with  sorrow  I have  often 
hinted)  is  totally  neglected  disregarded  <&  those  who  promote  the  same  tram- 
pled upon  I am  very  miserable  indeed,  thro  the  baseness  of  the  people 
and  the  mismanagement  of  my  Salary  in  England  which  is  an  accident 
that  happens  to  most  men  that  travel ; this  is  not  the  first  time  I have 


888 


COLONIAL  RECORDS. 


been  abused  by  one  I have  intrusted  & thought  tlm’  mistaken  1 was  safe 
so  unhappy  are  many  & if  Missionaries  what  signify  great  salaries,  I am 
poorer  now  by  far  than  when  I came  hither  & were  I but  able  would 
speedily  quit  the  country,  I have  wrecked  my  brains  ever  since  I arrived 
to  keep  soul  and  body  together  & have  been  almost  continually  in  as  much 
danger  as  in  the  greatest  extremity  that  can  be  Sea  in  fine  death  would 
be  welcome — The  Society  may  perhaps  say  this  is  my  constant  style  but 
am  pursuaded  when  my  reports  are  confirmed  by  Col  Nicholson  they  may 
have  some  further  influence  with  the  Society  I am  desirous  if  possible  to 
stay  here  till  he  comes  among  us  & then  doubt  not  but  he  will  justify 
mv  leaving  this  wretched  country  and  returning  to  England. 

M.r  Rainsford  has  proved  another  Alexander  his  comin  in  has  been  a 
great  detriment  to  me  and  no  service  to  the  country,  1 wish  he  may 
stay  in  it  as  long  as  I’ve  done  but  very  much  doubt  it  never  any  one 
could  do  it  & had  I been  able  should  have  long  ago  taken  me  to  another 
place 

I am  Sir  &c 

JNO  URMSTONE  Miss’* 


[B.  P.  E.  O.  B.  T.  Virginia.  Vol.  13.  O.  138.] 

North  Carolina 

To  the  Honbl°  Alexander  Spotswood  her  Majestys  Lieutenant  Governor 
of  Virginia 

May  it  please  your  Honr 

The  many  instances  of  your  Favours  in  the  distressed  condition  of 
this  Country  by  your  endeavours  to  succour  us  with  men  ; by  your  inter- 
position with  the  Heathen  and  by  your  utmost  endeavours  to  prevent  any 
supply  of  ammunition  and  Arms  to  our  barbarous  Enemys  encourages  us 
to  renew  our  supplications  to  your  Honr  for  some  timely  assistance  under 
the  most  miserable  condition  that  ever  people  groaned.  We  can  with 
very  great  truth  say  we  have  exerted  our  utmost  endeavours  as  well  by 
arms  as  by  Treatys  to  maintaine  the  honour  of  the  British  and  Christian 
Character ; but  what  with  the  greatest  poverty  the  repeated  slaughters 
of  our  men  and  the  disability  of  our  few  remaining  by  wounds  and  con- 
tinual Fatigues  and  Marches  We  are  rendered  not  only  incapable  of  car- 
rying on  an  Offensive  but  even  a Defensive  War,  And  the  barbarous 
Heathen  are  so  well  acquainted  with  our  disability  both  which  renders  all 


COLONIAL  RECORDS. 


889 


treaty.s  vain  and  likewise  makes  us  more  obnoxious  to  their  barbarous 
Crueltys. 

Wherefore  we  humbly  supplicate  vour  Honr  by  all  the  ties  of  Chris- 
tianity and  all  the  ties  of  Humanity  and  Fellow  subjects  to  afford  us 
some  assistance  without  which  the  destruction  of  many  unfortunate  fam- 
ilys  will  follow  what  reputation  that  will  be  to  our  neighbouring  Gov- 
ernments or  the  necessity  of  makeing  use  of  the  Heathen  for  Mediators 
Your  Honr  is  too  good  a Judge  to  be  informed  What  we  can  promise  on 
our  parts  is  provisions  and  the  expense  of  transporting  the  soldiers  which 
is  all  our  Circumstances  will  admit  of  Your  Compassion  to  so  many  of 
her  Majestys  Subjects  will  greatly  add  to  your  illustrous  Character  and 
continue  that  opinion  which  we  really  have  of  your  being  to  the  utmost 
of  your  power  the  Protector  of  the  distressed 

We  are 

Yr  Honr  very  humble  servants 

THO:  POLLOCK 

C GALE  N CHEVIN 

THO:  BOYD 

T:  KNIGHT  W“  REED 

THO:  SNODEN  Speak1 


[R.  P.  R.  ().  Pkopuieties.  B.  T.  No.  27.  r.  109.] 


To  the  Right  HonMo  the  Lords  Commissioners 
of  the  Council  of  Trade  &c: 

May  it  please  your  Lordships, 

The  complaints  of  the  disorders  and  irregularities  of  the  Proprietary 
and  Charter  Colonies  still  increasing  and  it  being  the  opinion  of  this 
Board  that  it  is  of  absolute  necessity  that  the  Legislative  power  of  the 
nation  is  only  capable  of  providing  suitable  remedies  for  so  great  evills 
by  reassuming  the  powers  of  Government  and  placing  them  in  the  hands 
of  his  Majesty.  In  order  to  the  attaining  this  end,  I would  humbly  pro- 
pose to  your  Lordships, 

That  a Commission  of  Inspection  into  the  state  and  complaints  of  the 
Proprietary  and  Charter  Governments  might  be  granted  to  such  person 
or  persons  as  to  your  Lord8'*  shall  judge  fit  for  such  a service  with  suita- 
ble Instructions  to  enquire  into  the  severall  Transgressions  of  the  Acts  of 


108 


COLONIAL  RECORDS. 


X!*0 


Trade  &c.  The  denyall  of  Appeals  to  England  The  raising  and  falling 
of  coyne  to  the  damage  of  the  neighboring  colonies. 

The  quantities  of  Tobacco  yearly  made  in  the  three  Lower  Counties  of 
Pennsylvania  and  how  and  by  whom  shipped  with  the  places  where 

The  state  of  their  Militia  and  Courts  of  Law.  The  Boundaries  of  Penn- 
sylvania more  particularly  where  Mr  Penns  Patent  limited  to  the  Lati- 
tude of  forty  degrees  takes  its  beginning  on  Delaware  River,  that  a true 
account  may  be  given  of  the  Quantities  of  Lands  surveyed  out  of  the 
bounds,  the  one  half  of  the  Quit  rents  being  due  and  reserved  to  his 
Majesty. 

The  Refuge  that  hath  been  given  by  any  of  those  Proprietary  or  Har- 
bour Colonies  to  fugitive  sailers  or  servants  &<•: 

And  to  make  returns  of  these  enquiries  with  the  proofs  against  the 
next  session  of  the  Parliament  by  which  not  only  your  Lordships  but  the 
Honorable  Assembly  may  be  thoroughly  acquainted  with  the  true  state 
of  these  Colonies  and  better  enabled  to  make  a due  regulation  and  settle- 
ment of  them. 

This  my  Lords  as  it  would  be  but  of  little  expence  to  his  Majesty,  so 
it  is  humbly  conceived  would  be  highly  serviceable  towards  the  preven- 
tion of  the  growing  evi  11s  of  those  Colonies  all  which  is  humbly  sub- 
mitted to  your  Lordships  consideration  by 
Your  Lordships  most 
humble  servant 
J.  BASS. 


[From  Calendar  of  Virginia  State  Papers.  Vol.  1.  p.  156.] 


LETTER  TO  GOV.  POLLOCK  ON  INDIAN  AFFAIRS. 

Wmsburgh  13  December  1712. 

To  the  president  of  North  Carolina, 

Sir, 

By  the  return  of  a Servant  wch  the  Baron  of  Graftenzied  (de  Graaffen- 
reidt)  sent  into  ye  Country,  I received  on  the  11th  instant  yours  of  the 
26th  of  Nov.  & 4th  of  this  month,  but  I find  myself  still  under  the  same 
uncertainty  in  relation  to  the  purchase  of  the  *Du£fells,  the  disposition 
of  the  Thousand  pound  raised  by  our  Afsembly  for  yr.  Releif,  The 
removing  the  Scruples  of  our  Council,  ifs  to  declaring  War  against  the 
Indian  Enemy  untill  a previous  declaration  on  your  part,  and  likewise 


*A  variety  of  blanket,  or  woolen  cloth,  out  of  which  blankets  are  cut. 


COLONIAL  RECORDS. 


891 


as  to  sending  you  the  Indian  prisoners  that  are  here,  on  all  wch  I expected 
your  Answer — All  you  say  as  to  the  Duffells  is  that  you  should  have 
occasion  thereof,  if  I thought  convenient,  but  since  this  Country  was 
willing  to  be  at  the  charge  to  purchase  them  upon  yr  Request,  It  might 
have  been  reasonably  expected  yr  Government  should  take  the  trouble  of 
sending  for  them — And  if  the  money  raised  by  our  Afsembly  be  of  use 
for  your  Relei f,  I cannot  see  why  the  Conference,  I proposed  for  laying 
it  out  to  the  best  advantage  should  not  be  taken  notice  of,  unlefs  yr  Gov- 
ernment be  unwilling  to  accept  of  it  upon  the  terms  of  Repayment;  but 
as  to  that  point  my  last  Letter  might  have  satisfied  you,  that  neither  I 
nor  the  Council  intended  to  press  you  thereupon,  nor  do  I expect  any 
present  Engagement  to  be  entered  into  upon  the  Advance  of  that  money — 
Since  you  find  yrself  under  so  great  streights  to  furnish  provisions  to  ye 
South  Carolina  Auxiliarys,  The  money  raised  here  may  be  as  effectually 
applyed  in  the  purchase  of  Corue  & pork  in  this  Country,  for  those 
Forces,  as  in  raising  men,  If  you  think  the  Force  sent  from  South  Car- 
olina will  be  sufficient  to  do  the  work  without  them — 

As  the  taking  of  Hancock  was  in  pursuance  of  an  Engagement  entered 
into  wth  this  Govern1  by  Blounts  people,  and  Hostages  left  for  his  deliv- 
ery here,  he  was  in  effect  a prisoner  to  this  Govrn4 : and  certainly  Blount 
looked  on  him  as  such,  when  he  sent  2 of  his  men  to  give  me  notice  of 
his  coming  in  & ordered  them  to  wait  here  ’till  his  arrival,  and  one  who 
stood  more  on  punctillios  than  I do  would  be  a little  startled  at  the  sud- 
dennefs  of  his  Execution  without  my  knowledge, — especially,  seeing  I 
am  persuaded  you  could  not  suspect  that  I would  shelter  him  against  the 
punishment  due  to  his  crimes:  having  given  you  an  instance  to  the  Con- 
trary, by  delivering  up  James  Cohery,  who  (how  ignorant  soever  some 
of  yr:  people  may  be  of  it)  was  first  seeized  by  our  Tributarys,  carryed 
before  a Majistrate,  and  by  order,  del’d  to  the  Chowans,  to  be  carryed 
into  yr : province,  & after  having  told  you  in  my  last  that  I intended  to  de- 
liver up  to  you  all  the  Indian  prisoners  that  are  here:  among  wch  there  are 
now  two  Waccon  Indians  taken  lately  by  the  Meherins  in  pursuance  to 
my  orders — And  I shall  accordingly  send  them  under  a guard  of  our 
Militia  to  South  Key,  the  27th  instant,  when  I hope  you  will  appoint 
some  to  receive  them  on  that  day.  I send  this  by  Blunts’  men,  who 
together  with  his  brother  are  returning  back  to  him,  their  stay  here  being 
now  unneceffary — I shal  write  to  you  more  fully  wth  the  prisoner,  orelfe 
by  Mr  Richardson,  who  is  just  now  arrived  here,  and  intended  for  yr 
province  as  Recor  Gen"  for  the  Lords  proprietors. 


S92 


COLONIAL  RECORDS. 


[From  Calendar  of  Virginia  State  Papers.  Vol.  1.  p.  l-r>7.] 


TO  GOV  POLLOCK  OF  NORTH  CAROLINA,  ON  THE 
SAME  SUBJECT. 


Wmsburoh  22  December  1712 

To  the  President  of  North  Carolina, 

Sir,  According  to  what  I writt  you,  the  13th  instant  by  ye  return  of 
Blunts  two  Indians  & the  Hostage,  I now  send  the  Indian  prisoners, 
being  eight  in  all,  the  warrant  which  will  be  delivered  with  them,  will 
inform  you  by  whom  they  were  taken  and  when  committed,  and  as  the 
only  crime  they  have  been  guilty  of  against  this  Government  is  their 
coming  in,  contrary  to  our  proclamation,  I shall  leave  them  to  your  Jus- 
tice or  Mercy,  as  you  find  them  guilty  or  otherwise  in  relation  to  the  late 
Maffacre.  It  is  now  above  a month,  since  I sent  you  the  Resolutions  of 
our  Affembly  for  the  Releif  of  your  province,  but  have  not  yet  had  any  an- 
swer either  as  to  you  receiving  the  Duffells,  or  the  application  of  the  Cl  000 
for  the  service  of  your  Country  : I shall  be  glad  to  find  the  circumstances 
of  your  Affairs  are  not  now  so  pressing  as  they  were  then  represented, 
& one  would  be  inclined  to  believe  they  are  very  much  bettered,  since 
the  meeting  I proposed  with  you,  or  some  deputy  from  your  Govern- 
ment to  concert  measures  for  the  more  effectual  application  of  that  Sup- 
ply has  been  so  long  delayed — for  my  part  I have  hitherto  suspended  all 
my  thoughts  thereon,  because  as  I have  already  told  you,  I expected  such 
a meeting,  & have  nothing  more  at  present  to  add,  but  that  I am 

Sr 

Your  most  obedient  humble  fervant. 

(No  signature) 

GOV  POLLOCK  IN  REPLY  ON  THE  SAME  SUBJECT. 


Ciioax,  N.  C.  23  December  1712. 


Hond:  Sr 

I want  words  to  express  the  miferable  state  of  this  poore  Countrev — 
For  Coll : Moore  (who  is  a gentleman  seemingly  of  great  worth)  not 
finding  provifions  ready  at  Bath  County  for  his  forces,  was  neoefsitated 
wth  all  his  Indians,  being  about  nine  bunder,  to  march  into  this  County 
wher  they  mult  by  deltroying  the  place  untill  proVif  ion  is  carrycd  round, 
and  men  raysed  here  to  join  them — The  want  of  having  provifion  car- 
ryed  round  was  cheifly  occasioned  by  the  ignorance  and  obstinacy  of  our 
Affembly,  of  all  wch  Cap1  Jones  can  give  yr  honr  a particular  account — 


COLONIAL  RECORDS. 


893 


Now  being  informed  by  Coll : Moor  that  the  Tufeororoes  have  taken  into 
their  Forts,  having  in  his  comeing  in  laid  three  days  befor  on  of  them, 
And  thought  it  unadvifable  to  stay  longer,  being  in  want  of  provifions, 
Tools  and  some  more  whitt  men,  his  indians  not  being  very  ready  in 
attacking  Forts  wthont  Englifh — For  woh  reafon,  what  men  of  ours  can 
be  rayfed  muft  March  wth  him,  who  are  generally  badly  provided  in 
clothing  to  march  this  sealbn — 

Wherfor  would  earnestly  entreat  yr:  honor  to  order  the  tin ff  el  is  for  us 
at  Mr  John  Cottons  at  Blackwater,  Likewil’e  a dol'en  spades,  twenty  bra  Is 
pans,  and  about  fifty  or  frxty  hand  granads,  they  being  very  neceffarv 
for  the  ready  takeing  of  the  Forts.  1 shall  have  a boat  or  cannoe  at 
John  Cottons  on  Monday  nixt.  It  will  be  of  extraordinary  l'ervice  to 
the  Countrey  at  this  time  For  the  Army  being,  to  march  out  the  lirl’t  of 
the  nixt  month,  If  it  come  not  before  that  time  fhall  have  no  men  togoe 
out — 

As  for  yr:  honor9  difpofing  of  the  money  by  your  Aflembly,  it  being 
impracticable  for  any  of  yr  Forces  to  come  at  this  time,  not  only  by  rea- 
fon of  the  Badnel'f  of  the  seafon,  and  the  want  of  provifions  being  yet 
carryed  round,  but  chiefly  to  have  vr  Forces  as  a referve.  For  1 hope 
that  Coll : Moore,  wth  his,  and  fome  of  our  men  will  be  able  to  reduce 
our  enemy  Indians  to  a low  Condition  by  the  midle  of  Febrv  next ; bv  wch 
time  it  is  probable  that  many  of  Coll : Moores’  Indians,  having  got 
Slaves  or  other  Booty  may  dcfert.  Only  about  two  or  three  bunder  woh 
Coll:  Moor  doubts  not  he  can  keep,  so  that  If  then  we  can  have  fome 
forces  from  you,  they  may  be  a great  means  to  give  the  finishing  stroke 
& bring  enemys  that  ar  left  to  a Peace  on  Reasonable  terms.  And  intend 
to  fend  in  ane  agent  in  Convenient  time  before  them,  at  wch  time  yr: 
honor  may  order  matters  as  you  fhall  see  the  pofture  of  our  affairs  at 
that  time  requires,  of  wch  fhall  particularly  informe  yr  honor  from  time 
to  time — I have  often  complaints  brought  to  me  of  the  infolency  of  the 
Meherrin  Indians  on  this  lvde  Meherrin  River,  wth  a jealoufy  of  their 
Killing  and  driveing  back  the  peoples  stocks,  on  John  Beverly,  who  lives 
near  them,  againstt  whom  they  have  a great  hatred,  haveing  had  a mare 
or  twoe  fhot  lately — Alfo  having  ordered  the  Rangers  and  hunters,  for 
to  take  npc  any  Indians  they  should  meet  wth  on  this  fyde  Meherrin 
River;  and  haveing  taken  on  of  them,  brought  him  in  to  the  for  sd 
Beverlvs — in  a little  time  about  eighteen  of  the  Meherrin  Indians  came 
upe,  molt  of  them  armed  and  forced  them  to  lett  loofe  the  indians  they 
had  taken,  giveing  them  threatening  and  abufive  language — so  that  be- 
fvdes  their  Killing  the  peoples  stocks,  fupplying  the  Tulcaroroes  wth 


K94 


COLONIAL  RECORDS. 


ammunition,  i am  in  groat  doubt  they  may  doe  further  mifoheifon  this 
shore,  and  lay  it  on  other  indians — All  wch  I hope  yr:  honor  will  either 
redr  elf;  or  not  take  offence  If  wee  take  such  meafures  wth  them  as  wee 
fliall  see  moft  for  our  own  fatty — Tom  Blunt,  the  indian  comeing  in 
befor  I had  finifhed  hath  hindered  mv  sending  flies  two  dayes,  so  that  i 
boloive  if  the  boat  or  cannoe  for  the  duffells  he  at  Mr  Cottons  by  Wed- 
nesday the  laft  of  this  month,  it  may  be  time  enough — Coll : Moore 
hath  prom i fed  Tom  Blunt,  (upon  his  being  true  to  the  Englifh)  protec- 
tion, and  to  fecure  him  and  the  people  of*  his  Fort  from  his  indians — 
Tom  Blunt  is  very  del* irons  of  having  in,  his  brother  (as  he  cals  him) 
and  his  confine  now  in  your  prison,  whom  the  Bearer  Wm  Charleton 
our  interpreter  knows — whom  if*  your  honor  will  be  fo  favourable  as  to 
let  us  have  them  lent  to  Mr  Cottons,  to  be  brought  downe  in  our  boat  it 
will  be  a great  Kindneff,  and  may  lie  of  great  l'crvice  to  us,  Blunt  ac- 
eufing  us,  for  giveing  him  nothing  for  all  he  is  done  only  words,  as  he 
lays — He  had  intended  to  have  come  or  tent  in  now,  to  yr:  honor,  But 
Coll  : Moore  intending  to  march  in  by  his  towne,  he  thought  it  neoeffary 
for  him  to  be  at  his  towne;  of  all  woh  our  interpreter  can  give  you  a full 
account — 

Hond  Sr,  I am  afhamed  that  neceffity  forces  me  to  trouble  yo  fo  much. 
But  I doubt  not  ye  will  confider  our  prefent  Condition,  And  Continue 
yr  Favours  to  us,  woh  fhall  be  planted  in  indelible  chareetars  in  his  heart, 
who  is 


Hond  Sr 


your  most  obedient  Humble  fervant, 

TIIO:  BOLLOCK 


Hond : Sr 

Tom  Blunt  just  now  informes  me  of  on 
Meherrin  Indian  fatly  at  his  towne,  named 
Tut-sech,  baf:  queat — fo  that  it  is  not  to 
be  doubted  but  that  they  supply  them  wth 
what  ammunition  they  ufe  and  eary  what 
newes  they  know  of — wch  I doubt  not  yr 
honor  will  confider 


T.  P. 


COLON  I A L RECORDS. 


895 


[From  Calendar  of  Virginia  State  Papers.  Vol.  1.  p.  159.] 

GOV.  POLLOCK’S  REPLY  TO  GOV  SPOTSWOOD  ON  IN- 
DIAN AFFAIRS  AND  THE  PROPOSED  AID  TO 
THE  PEOPLE  OF  N.  CAROLINA. 

Choan,  N.  C.  December  28th,  1712. 

Hond  Sr 

Yours  of  the  13th  Reed  by  the  Indians  last  night,  wherein,  I obfervc 
that  I have  not  anfwered  yrs:  of  Nov.  the  18th  so  fully  it  seems  as  I 
ought  to  have  done — First  as  for  the  Duffells,  I gave  your  honor  aco* 
of  the  great  want  of  it,  and  intended  to  have  fent  for  it  as  foon  as  i 
understood  from  yr:  honor  wlier  I was  to  have  it.  But  neceffity  Forc- 
ing, begged  in  my  lal’t  the  favour  of  having  it,  and  fome  other  neoeffa- 
ryes  brouglit  to  Sth  Key,  the  charges  of  wch  may  be  taken  out  of  the 
£1000.  And  the  1000ft) : left  to  yr : honors’  dispofall  I thought  was  a 
good  referve  for  the  laft  caft.  And  that  it  was  not  policy  to  venture  all 
at  on  hazard.  For  Knowing  the  inftability  of  the  Sth  Carolina  indians 
by  their  leaving  Coll  : Barnwell  last  year,  can  have  no  certan  dependanee 
of  their  finifhing  the  war  at  this  time — But  I concluded  that  when  they 
had  done  what  they  could  againft  the  Tufcaroroes,  Then  what  forces  yr 
honor  can  raise  wth  that  Fund,  might  I thought,  wth  our  help  bring  the 
enemy  to  a reafonable  peace,  as  I writt  to  you  by  Charleton — And  as 
for  a declaration  of  war  againft  our  enemyes  I propofed  jt  to  the  Coun- 
sell here,  who  after  due  confideration,  thought  it  altogether  unneeeffary, 
after  haveing  palled  here  severall  Acts  of  Afl’embly  declaring  warr,  and 
after  the  continuance  of  the  war  againft  them  15  months  & several  of 
both  l'ides  Killed  and  taken  A indeed  it  leems  to  me  a little  prepofter- 
ous.  Whow  lbever,  if  the  upper  Towns  of  the  Tufcororoes  doe  not 
performe  their  Preliminary  Articles  i intend  to  lay  the  breateh  before  the 
Counlell,  and  have  a Proclamation  issued  out  declaring  warr,  and  fend  in 
one  of  them  to  yr:  honor.  woh  i hope  may  Remove  all  feruples — As  for 
sending  for  the  indians  Prifoners,  i was  very  willing  to  fee  firft  if  ther 
indians  would  have  kept  their  Preliminary  Articles  wth  us,  firft,  haveing 
no  Prisons  to  Keep  them  in  here — Your  honor  needs  not  doubt  but  that 
the  favour  of  the  duffells  A money  was  accepted  of  here,  wth  all  the  ac- 
knowledgement and  gratitud  wee  wer  capable  of  Efpetially  being  to  be 
lodged  in  yi*  hands  who  wet'  know  will  manadge  it  for  our  belt  advan- 
tadge,  as  you  will  see  by  the  addreff  of  thanks  from  our  Assembly  woh  i 
hope  y®  have  Reed  by  Charleton,  before  now,  being  disappointed  of  it  a 
long  time  by  the  mismanadgement  of  some  Persons  whom  the  Affembly 
trufted,  of  woh  Cap1  Jones  can  give  the  best  account — 


COLONIAL  RECORDS. 


896 


I had  sent  in  a Depty:  or  twoe  before  now,  to  concert  what  measures 
yonr  honors  thinkes  heft  in  laving  out  that  money — Only  thinking  that 
ther  was  no  p relent  ncceffity  of  laying  out  any  (fave  only  for  the  cariadge 
of  the  Duffells  & the  other  things  sent  for  the  Sth  Key)  And  lykewife 
all  our  men  capable  to  be  sent,  as  deputys  being  otherwife  employed  in 
that  troublesome  juncture,  thought  it  might  be  delayed  until  the  army 
was  marched  out — It  is  true  provifions  is  lyke  to  be  very  short  wth  us, 
But  I will  l'trive  hard  to  provide  the  army  (if  poffible)  And  had  rather 
the  Inhabitants  should  pinch  a litle  this  fuminer,  then  the  money  be  im- 
ployed  for  that  life,  woh  I doubt  not  yr:  honor,  will  find  waves  to  imploy 
it  more  for  advantage — And  intend  as  soon  as  the  Army  is  out  and 
have  a litle  profpeet  whow  (how?)  our  affaires  are  lvke  to  succeed,  then 
to  fend  in  a depty  or  twoe  to  give  yr:  honor  a true  1‘tate  of  our  Condi- 
tion, and  to  agree  on  fuch  meafures  as  you  f hall  thinke  moft  advantage- 
ous for  the  peace  of  this  Government — 

As  for  Hancock,  it  is  time  they  had  obliged  themselves  to  deliver  him 
both  to  you  and  to  us,  And  having  brought  him  in  here,  and  the  offence 
he  had  committed  being  againft  this  Govern4,  And  as  wee  apprehended, 
it  was  on  account  ye  preffed  his  bringing  in,  so  that  it  never  entered  our 
thoughts  that  ther  was  any  neceffity  of  tending  him  into  you,  or  that 
you  defired  it,  otherwise  wee  would  certainly  have  sent  him  in  by 
Blunt,  who  was  very  willing  to  goe — And  I am  confident  non  in  this 
Governt  ever  imagined  ye  would  have  fheltered  him  from  his  deserved 
punifhment — 

Hond  Sr  I would  have  sent  a boat  or  a cannoe  to  Sth  Key  before  now, 
But  I proteft  it  is  as  much  as  wee  can  to  spare  this  cannoe  now  to  send — 
All  the  boats  & cannoes  wee  can  gett  here,  not  being  sufficient  to  vary 
provifions  for  the  indians  who  ly  here  destroying  the  place  untill  pro- 
vifions is  carved  round  to  Bath  County  wch  I hope  now  will  be  in  a fhort 
time — 

I am  well  fatisfyed  that  ther  is  a receaver  Gen11  come  in,  by  whom  I 
hope  wee  fhall  have  some  Inftructions  from  the  Lds:  Proprietors,  And 
should  be  glade  to  have  the  honor  to  see  him  here. 

Hond  Sr  If  I have  miffed  in  this  or  my  former,  threw  inadvertency  or 
mifapprehenfione,  I hope  y®  will  impute  it  to  the  great  preffure  of  bufi- 
ness  I now  ly  under — The  army  here  to  be  provided  for,  Provil’ion  and 
some  other  ne  ceffaryes  to  be  sent  round  to  Bath  County  ^ men,  horses 
and  arms  to  be  rayfed  and  twenty  other  things,  too  long  here  to  Recite, 
The  Counsell  not  near  mee,  all  wch  I hope  yr:  honor  will  confider,  And 
afl’ure  you  ther  shall  not  the  least  thing  flipe  me  intentionally,  that 


COLONIAL  RECORDS. 


X97 


may  any  wayes  offend  you,  but  shall  approve  myself  on  all  occafions 
to  be 

Hond  Sr 

Your  most  obedient  Humble  servant 

THO:  POLLOCK 


[Extracts  From  Journal  of  South  Carolina  House  of  Assembly,  17120 


[No.  4 — Page  4 — Page  363  in  original.  J 

Upon  reading  the  4th  paragraph  in  Gov”  speech 

Resolved  ; 

That  the  Governor  & council  be  addressed  to  use  what  means  they 
shall  think  most  speedy  & convenient  to  obtain  intelligence  from  North 
Carolina  of  the  state  of  our  friends,  enemies  & our  own  army  lately  sent 
there,  & that  this  House  will  readily  concur  in  the  charges  incident  to 
that  design. 

[Page  7 — Page  36S  original.] 

Ordered  That  Thomas  Nairnc  & Henry  Noble  Esq”  carry  the  follow- 
ing message  to  the  Governor  & Council ; vizt. 

May  it  please  your  Hon” 

The  House  of  Commons  taking  notice  of  that  part  of  yr  Hon”  speech 
recommending  to  us  the  consideration  of  some  means,  to  be  used  to  gain 
intelligence  from  North  Carolina  of  the  state  of  our  friends,  enemies  & 
our  army  lately  sent  there;  do  not  think  we  can  more  effectually  answer 
that  intimation,  than  bv  requesting  yr  Hon”  to  take  such  measure  therein 
as  you  shall  think  most  proper  & expeditious,  assuring  vr  Hon”  that  this 
House  will  readily  concur  with  an  order  to  defray  the  charges  incident 
thereto  out  of  the  Public  Treasury. 

Wm  RHETT  Speaker. 

[Page  8 — Page  369  original.] 

The  House  inett  according  to  adjournment. 

As  Messages  from  the  Gov.  & council  by  Thomas  Hepworth  Esq. 
with  a written  message  viz: 

Gentlemen ; 

We  are  glad  you  concur  with  our  opinion  in  sending  to  get  the  quick- 
est intelligence  from  North  Carolina,  the  endeavors,  that  have  been  used 
hitherto  proving  fruitless,  we  intend  forthwith  to  send  a vessel  to  Vir- 
ginia believing  the  most  effectual  way  to  assure  our  end. 


109 


COLONIAL  RECORDS. 


«!)S 


Wo  have  further  under  our  consideration  that  it  is  necessary  to  send 
up  to  our  Creek  Indians,  & use  the  best  methods  to  keep  them  at  home 
to  prepare  them  to  be  in  readiness  to  go  to  War  against  our  Norther 
enemies,  in  case  it  shall  lie  found  requisite,  when  we  have  advice  of  the 
circumstances  of  our  affairs  in  those  parts. 

We  do  further  believe  it  advisable  to  send  to  our  Northern  Indians 
the  Elaws  & Wacksaws  &e  to  assure  them  of  our  protection,  A:  that  we 
will  take  the  best  methods  we  can  to  keep  them  from  the  insults  of  their 
enemies,  and  encourage  to  plant  good  quantities  of  corn  to  supply  our 
forces  in  case  we  shall  have  occasion  to  send  anv  that  way. 

CHARLES  CRAVEN. 

[Pane  93 — Page  77  in  original.] 

Ordered:  That  Mr  Henry  Wigington  & Mr  Ralph  Izard  wait  upon 
the  Govr  & Council  & acquaint  them  that  if  they  have  received  any  Let- 
ters or  Memorials  from  the  Government  of  North  Carolina,  they  would 
please  send  them  for  the  perusal  and  information  of  this  House.  Henry 
Wigington  E*'1  & Mr  Ralph  Izard  being  returned  informed  the  House 
that  they  had  acquainted  the  Governor  & Council  with  the  Message  of 
this  House,  who  answered  that  this  House  should  hear  from  them  imme- 
diately. 

f Page  78  in  the  original.] 

A message  from  the  Governor  & Council  by  Thos.  Hepworth  Esqr 
who  brought  the  following  message  in  writing. 

Gentlemen : _ 

The  private  instructions  of  Mr.  Foster  received  & signed  by  Governor 
Hyde,  we  send  you  with  this  upon  which  he  grounded  that  address  he 
delivered  to  you  this  day,  indeed  his  credentials  are  short  and  not  regu- 
lar, but  we  attribute  that  to  the  circumstances  they  are  under,  some 
charges  lie  was  to  answer  if  any  complaint  was  made  by  Col.  Barnwell 
either  on  the  Govr  or  Government,  but  no  such  thing  appearing  before 
us  in  publick  manner,  we  look  only  upon  the  means  how  to  succor  them 
& therein  must  desire  yr  assistance,  that  nothing  may  be  wanting  on  our 
parts  to  save  them  & secure  the  province  to  the  Lords  Prop" 

CHARLES  CRAVEN. 

FOSTER’S  INSTRUCTIONS 

After  having  Canoe  hands,  provisions  & other  necessaries  you  are  with 
the  first  conveniency  & all  the  expedition  you  can  make  the  best  of  yr 
way  to  Charles  Town  in  South  Carolina.  When  you  are  arrived  deliver 


COLONIAL  RECORDS. 


899 


yr  Letters  as  they  are  directed  & with  all  the  expedition  you  can  take  the 
advice  of  some  person  you  think  most  capable  to  advise  you  on  the  best 
& quickest  methods  in  managing  the  concerns  you  go  about  which  are: 

First;  To  obviate  what  misrepresentations  & false  aspersions  may  have 
been  cast  upon  the  Governor  & Government  (if  any  such  be)  by  Col.  Barn- 
well or  any  others.  Then  you  are  to  use  yr  utmost  endeavor  to  procure 
if  possible  1000  Indians  for  our  assistance  with  a few  white  men  under 
a good  Commander  of  known  courage  & conduct,  that  will  not  be  biased 
by  fear,  friendship,  or  interest  to  represent  to  them  that  Col.  Barnwell 
being  much  disliked  here  will  not  do  well  for  that  place. 

Lastly;  You  (are)  must  endeavor  to  procure  us  10  or  12  Barrels  of 
powder,  with  shot  answerable,  & 2 or  3 thousand  good  gun  Hints. 

For  the  first  you  must  endeavor  to  find  out  what  false  representations 
•or  reflections  hath  been  east  upon  the  Governor  or  Government,  by  Col 
Barnwell  or  any  other  & seeing  the  only  thing  he  seemed  to  complain  of 
here  & to  lay  as  the  cause  of  his  bad  success,  especially  in  not  taking 

Fort  was  his  want  of  provisions,  If  so,  you  must  lay  before  the 

Governor  & Council,  That  by  reason  of  our  disturbance  last  summer 
with  Col.  Cary  & by  reason  of  the  great  drought  we  had  there  were  very 
small  crops  of  corn  made  here,  & likewise  the  Assembly  a short  time  be- 
fore Col.  Barnwell’s  arrival,  refusing  to  agree  to  the  raising  of  men  & 
provisions  for  the  defence  of  the  Country  & then  having  no  notice  of 
Col.  Barnwell’s  coming  until  his  arrival,  was  the  reason  we  were  not  so 
well  provided  at  his  arrival  as  we  would  otherwise  have  been. 

And  then  we  must  lay  before  them  that  before  the  men  appointed  by 
the  Assembly,  that  was  after  Col.  Barnwell  came  in  [Page  79 — in  origi- 
nal Page  95]  could  secure  the  corn  to  be  spared  in  each  of  their  Districts 
all  of  the  people  that  had  any  corn  to  spare  had  laid  it  out  with  the  ves- 
sels, & it  was  conveyed  out  of  the  country.  But  you  may  assure  them 
that  the  Govr  used  his  utmost  endeavor  both  himself  & by  his  friends  to 
supply  them.  You  may  likewise  lay  before  them  that  the  fewness  of  the 
vessels  here,  & the  difficulty  and  tediousness  of  the  passage  from  this 
Country  to  Pamplico  & Neuse,  with  the  greatness  of  the  number  of  the 
people  there  to  be  maintained  was  a great  hindrance.  That  Col.  IVs 
army  (may  be)  was  not  as  fully  provided  for  as  we  desired. 

You  may  likewise  lay  before  them  that  they  were  never  in  such  great 
want  of  provisions  as  to  hinder  them  from  any  action  as  particularly  at 
Hancock’s  where  you  having  been  present  can  particularly  inform  them 
that  the  whole  forces  stayed  there  3 or  4 days  after  the  fort  could  have 
been  taken. 


900 


COLONIAL  RECORDS. 


Then  as  for  procuring  assistance  from  these  you  must  lay  before  them 
we  are  in  great  need  of  assistance  as  ever,  Our  greatest  <&  most  numerous 
Enemies  the  Tusquerora  Indians  being  little  or  nothing,  either  weakened 
or  discouraged  having  lost  but  about  thirty  men  by  the  best  information 
we  can  hear,  since  Col.  B’s  arrival  here  & then  Col.  B & all  his  forces 
having  been  against  Hancock  fort  twice  & not  taken  it  hath  much  en- 
couraged them. 

Then  as  for  the  pretended  peace  that  Col  B said  he  had  made  with 
them,  that  there  is  nothing  in  it,  Barnwell  himself  saying  it  was  a sham 
business  to  put  them  off  until  he  was  better  prepared  for  them,  neither 
hath  he  ever  yet  given  accounts  to  us  what  it  was,  & then  if  there  was  a 
peace  Col.  B himself  hath  broken  it  bv  killing  & taking  several  of  the 
Indians  since,  who  being  along  with  Tusqueroras  in  Hancock  Fort,  were 
equally  concerned  in  the  peace  with  them. 

You  may  likewise  lay  before  them  the  late  massacre  of  the  people  at 
Neusc  & the  shooting  of  some  negros  at  Movetticos  so  there  is  great  ne- 
cessity of  present  help,  which  we  the  more  earnestly  desire  of  them,  not 
only  as  being  under  the  same  Queen,  the  same  Lords  Proprs  in  the  same 
Province  but  because  we  hope  they  will  finish  a good  an  honorable  work 
as  they  have  begun. 

And  likewise- represent  to  them  that  help  from  Virginia  or  from  the 
Cyneper  Indians  by  means  of  the  Govr  of  New  York  [Page  96 — Page 
81  original]  would  not  do  so  well,  neither  for  us,  nor  them,  it  being  a 
fair  wav  for  the  Lords  Prop”  to  lose  their  Province  to  the  Queen  by  rea- 
son of  not  being  able  to  defend  it.  And  that  if  the  five  nations  of  In- 
dians should  come  in  and  destroy  the  Tuscaroras  they  would  not  only 
have  all  the  advantage  of  the  slaves  but  by  pretending  a privilege  in  the 
Tusquerora  country  that  they  had  conquered,  they  would  become  bad 
neighbors  to  their  Indians,  either  to  destroy  them,  join  with  them  against 
the  Government. 

Then  you  must  lay  before  them  the  great  advantage  may  be  made  of  • 
slaves,  there  being  many  hundreds  of  (them)  women  A children  may  we 
believe  3 or  4 thousand. 

Next  you  may  represent  to  them,  that  for  their  Indians  subsisting 
when  they  come  in,  the  Tusqueroras  for  their  own  relief,  as  we  are  in- 
formed have  planted  great  quantities  of- which  is  generally  ripe  next 

month,  as  also  generally  here  their  is  appearance  of  good  crops  of  wheat 
which  is  safe  got  in  (no  grain  being  to  be  transported)  will  be  sufficient 
to  maintain  them. 


COLONIAL  RECORDS. 


901 


Then  lastly  as  for  the  ammunition,  you  must  lay  before  them  the  gen- 
eral want  of  it,  & that  the  effects  of  this  country  not  being  very  vendible 
in  Virginia  will  not  purchase  it.  But  knowing  that  they  are  generally 
in  want  of  corn,  if  they  send  in  ten  or  12  barrels  of  powder,  with  shot 
answerable,  and  2 or  3000  flints  that  the  Government  will  take  care  here 
if  they  will  send  in  Vessels  & take  their  price  for  it  next  Spring,  or  they 
shall  have  it  here  in  Indian  corn,  at  country  prices  which  is  twenty  pence 
a bushel,  otherwise  the  Govern  will  send  next  Spring  effects  to  raise 
the  money  as  to  pay  for  it. 

EDWARD  HYDE. 


[Page  82  in  original. J 

Ordered;  That  the  said  message  be  read,  which  was  read  accordingly, 
as  also  the  said  instructions. 

Ordered;  That  Mr  Sam1  Wragg  & Henry  Wigington  Esqr  carry  the 
following  message  to  the  Govr  & council. 

May  it  please  yr  Hon™  The  House  of  Commons  is  ready  to  concur 
with  you  in  prosecuting  the  most  speedy  means  for  the  relief  of  t he  Gov- 
ernment A people  of  North  Carolina,  & in  order  thereto,  this  House 
prays  a grand  conference  of  both  Houses  this  evening  at  such  place  as 
yr  Hon™  shall  direct. 

[Page  9(1 — Page  85  original.] 

Friday  August  8th  1712. 

The  House  met  according  to  adjournment. 

Read:  The  petition  of  Col.  John  Barnwell. 

Ordered : That  it  lie  upon  the  Table. 

| Page  101 — 87  in  original.] 

The  House  resuming  the  Debate  on  the  affairs  of  North  Carolina,  A 
the  assistance  of  that  Government  again  implore  from  hence. 

Resolved:  That  this  House  will  again  assist  their  Brethren  of  North 
Carolina,  & prosecute  the  war  against  the  Tusqueroras  by  applying  tin* 
money  yet  unexpended  of  the  sum  of  £4,000  raised  for  the  relief  of  that 
Government. 

[Page  226 — 206  original.] 

Thursday  Dec  17th  1713. 

Upon  motion 

Ordered:  That  a Bill  be  drawn  and  prepared  for  settling  a communi- 
cation between  this  Province  A North  Carolina  A that  committee  be  ap- 
pointed for  that  purpose,  A.  that  Col.  Robert  Daniel,  Col.  John  Fenwick, 
Maj.  George  Evans,  Mr  Arthur  Langhorne,  and  Mr  Bon’].  De  La  Cons- 
seillicrc,  or  any  three  of  them  be  the  said  committee,  and  they  to  bring 
in  the  same  next  session. 


COLONIAL  RECORDS. 


902 


House  of  Assembly,  No  4,  1712. 

TPage  102.  | 

The  House  taking  under  consideration  the  great  service  performed  by 
Col.  John  Barnwell  in  the  late  expedition  against  the  Tusqueroras  for  the 
relief  of  the  Government  of  North  Carolina. 

[l’age  89  In  the  Original.] 

Resolved;  That  the  thanks  of  this  House  be  given  to  the  said  Col. 
John  Barnwell  for  his  said  services. 

Ordered;  That  Col.  John  Fenwick  Capt.  Peter  Haim  & Mr  Benjamin 
Godin  wait  upon  Col  John  Barnwell  tfc  return  him  the  thanks  of  this 
House  for  his  great  services  performed  in  heading  our  forces  in  the  late  . 
expedition  against  the  Tusqueroras  for  the  relief  of  the  Government  of 
North  Carolina. 

The  House  adjourned  to  the  Morrow  morning  X,  o the  clock 

Saturday  August  tin*  9th  1712. 

The  House  met  according  to  adjournment. 

[Page  140 — Page  129  in  Original.  | 

The  House  taking  under  consideration  the  great  service  performed  by 
Col.  John  Barnwell,  a member  of  this  House,  in  the  late  expedition  to 
North  Carolina  against  the  Tusquerora  Indians  in  actual  rebellion  against 
that  Government. 

Resolved ; 

That  the  sum  of  Sixty  pounds  be  presented  to  the  said  Col.  John 
Barnwell,  by  the  Publick  Receiver,  out  of  the  Publick  Treasury  as  a 
Publick  mark  & testimony  of  the  acknowledgement  of  this  House  for 
his  extraordinary  services  performed  in  the  late  expedition  against  the 
T usqueroras. 

Ordered ; 

That  an  order  be  drawn  to  that  purpose,  & signed  by  Mr  Speaker  and 
sent  to  the  Govr  & Council  for  their  Concurrence. 

[Page  158 — Page  147  in  the  original.] 

A message  from  the  Governor  & Council  by  Thomas  Hepworth  Esqr 
with  a written  message  relating  to  Col.  John  Barnwell  with  several 
papers  &c. 

Ordered ; 


COLONIAL  RECORDS. 


903 


That  the  said  message  & papers  lye  upon  the  Table  for  the  perusal  of 
the  members  of  this  House. 

Gentlemen  ; 

I will  be  always  with  the  greatest  regret  when  I am  obliged  to  lay 
anything  before  the  House  that  may  touch  any  members  of  that  Body, 
where  I lurve  received  so  many  favours,  & for  whom  I conceive  so  just 
a respect.  The  Honor  of  your  House  being  concerned  as  well  as  my 
own  makes  me  send  you  the  enclosed  papers,  that  you  may  better  know 
how  much  Col.  Barnwell  hath  done  in  the  service  of  his  country  & what 
reward  he  meets.  I always  thought  both  Houses  readily  concurred  in 
sending  another  army  to  North  Carolina,  but  I find  by  Col.  Barnwells 
Letter  to  Col.  Hyde,  that  it  was  wholly  owing  to  the  great  interest  he 
had  in  the  assembly,  otherwise  our  Brethren  had  been  wholly  neglected 
by  us;  they  had  suffered  more  had  he  been  absent  from  Parliament,  than 
South  Carolina  did  by  his  being  sent  thither. 

I TPaRe  159.  J 

But,  whatsoever,  affront  he  put  upon  Mr  Hyde  when  in  his  Govern- 
ment he  intended  to  have  made  satisfaction  by  preferring  to  this.  I 
must  own  his  country  would  have  been  obliged  to  if  he  had  succeeded  in 
his  design,  but  I have  not  faith  enough  to  affirm  his  Interest  would  have 
prevailed. 

When  I reflect  after  what  manner  he  hath  treated  you  Gent.  I can 
hardly  stop  my  resentments,  but  by  remembering  he  is  one  of  yr  body 
for  whom  I have  so  great  a veneration. 

CHARLES  CRAVEN. 

Ordered  : That  the  papers  sent  by  the  Governor  to  this  House  together 
with  the  said  messages,  be  read,  and  accordingby  the  following  papers 
were  read,  viz.: 

COL.  BARNWELLS  LETTER  TO  GOVERNOR  HYDE. 

South  Carolina,  Aug“  18,  1712. 

Rioht  IIon1  It  is  seven  weeks  since  my  misfortune,  & I fear  it  will 
be  as  much  more  before  I recover  my  limbs,  which  the  ehirurgeon  gives 
me  hope  of  recovering  In  the  meantime  I suffiJr  inexpressible  torments, 
that  1 write  this  in  great  haste.  I hope  you  will  find  (me)  that  I have 
been  a faithful  friend  to  you  in  all  respects  which  I would  be  more  able 
to  be,  had  I been  well  and  done  myself  the  IIonr  of  waiting  on  you.  I 
am  not  able  to  enter  into  particulars,  because  of  my  pains,  only  I assure 


COLONIAL  RECORDS. 


90  I 


you  that  notwithstanding  all  the  good  diligence  of’  our  two  good  friends 
the  Governor  and  Mr  Hart,  our  Assembly  would  let  the  war  fall, 
except  only  by  the  Indians.  Had  I not  taken  the  part  of  poor  North 
Carolina  A represented  vr  case  A bv  my  influence  which  is  considerable, 
caused  them  to  exert  once  more,  which  if  it  does  not  succeed,  I did  en- 
gage, if  I recover  to  go  myself,  at  my  own  charges.  I am  sorry  1 cannot 
enter  into  particulars.  Mr  Mitchell’s  deposition  is  truth,  only  I am  sorry 
he  is  so  reserved  as  not  to  tell  all,  I affirm  upon  interrogatory  examina- 
tion, you  would  be  surprised  to  find  the  time  & alteration  that  would  be 
given  to  the  whole  proceedings,  lie  was  my  bosom  friend,  and  knows  the 
very  bottom  of  my  designs.  I did  nothing  without  his  advice  A con- 
sent, and  even  when  I hesitated  about  anything,  he  would  tell  me,  lay 
him  in  tin!  Gapp — I took  him  to  lie  a gentleman  of  Honr  & probity  and 
do  still  believe  upon  occasion  he  would  do  me  justice. 

As  to  the  other  Deposition,  I am  loth  to  say  the  Gent  swore  [Page  100 — 
Page  150  in  original  J falsely  it  maybe  it  was  to  the  best  of  their  knowledge. 
Prejudice  caused  them  to  see  them  in  another  (light)  dress  than  they  were 
designed,  but  as  they  swore  several  matters  of  fact  most  falsely,  so  I can 
procure  twenty  evidences  to  the  contrary.  I am  not  ignorant  what  was  the 
design  of  these  depositions,  & I call  God  to  witness  my  sincerity  in  serving 
you,  & North  Carolina  that  I did  not  deserve  such  unkind  usage  from  thence. 
It  is  my  comfort  that  my  country  has  resented  my  service  after  another 
manner,  & tho’  yr  Honr  had  the  benefit  of  them  yet  in  a most  solemn  & 
hon1  manner,  they  returned  me  their  thanks  &c,  & I hope  by  this  time 
you  will  likewise  have  another  opinion  of  me,  and  as  I have  done  on  yr 
acct.  here  all  the  friendly  offices  I could,  you  would  be  pleased  to  inter- 
cede in  my  behalf,  with  yr  Assembly  to  do  me  Justice.  If  this  misfor- 
tune had  not  befallen  me,  I should  never  trouble  them,  but  this  having 
disappointed  all  my  projects,  I am  forced  to  become  supplicant  to  you, 
& if  I live  to  go  to  Great  Britain  I do  not  doubt  so  to  represent  you, 
that  if  the  Lords  proprietors  do  not  find  a more  advantageous  way  of 
rewarding  industry  of  serving  their  interests,  that  at  least  South  Carolina 
may  be  ottered  you,  besides  my  blood  lost  in  South  Carolina,  & the  misery 
I do  still  undergo  for  their  sakes.  I lost  five  horses  that  cost  me  £84. 
I disbursed  about  £50  at  several  publick  works  of  which  I have  a 
voucher  of  £39.  for  Corefort,  the  rest  being  small  sums,  I disbursed  for 
rum  & other  necessaries  for  the  sick  & wounded  men  to  Capt.  Drink- 
water  & others  about  £16;  for  this  1 have  the  voucher,  & by  an  act  of 
Assembly,  I was  to  have  20s  a day.  I crossed  Neuse  River  28th  day  of 
January,  and  was  wounded  the  5th  day  of  July,  3 days  before  I got  into 
South  Carolina  Government. 


COLONIAL  RECORDS. 


OOf) 


I could  have  most  of’  these  demands  paid  me  by  the  Treasury  here, 
only  I was  willing  the  money  should  be  employed  in  a second  expedition, 
on  condition  the  Government  would  address  you  to  get  me  paid  in  North 
Carolina.  I will  not  apologize  forgiving  you  this  trouble  because  I hope 
to  give  you  sufficient  proofs  of  my  real  friendship,  so  that  you  may  have 
no  reason  to  repent  of  doing  me  a kindness;  wishing  you  succession  of 
health  & prosperity  I conclude 

Your  Honrs  most  affectionate 
friend  and  faithful  servant 

JNO.  BARNWELL. 


[From  the  MSS.  Records  oe  the  Friends  Monthly  Meetings  in  Pasquotank 

Precinct.] 


At  a Monthly  Meeting  Held  in  Pasquotank  at  Symonses  Creek  the 
21st  12th  mo  1712— 

Frends  Meet  &c.  The  frend  appointed  upon  ae‘  of  John  Turner  A 
Esther  Beliuan  makes  report  he  hath  so  done 

And  the  said  Friends  appearing  Desired  that  they  might  be  Clear  from 
each  other 

Friends  desired  them  to  be  Careful  not  to  do  the  Like  any  more 


DE  GRAFFENRIED’S  MANUSCRIPT,  COPIED  FOR  THE 
COLONIAL  RECORDS  OF  NORTH  CAROLINA  FROM 
THE  ORIGINAL  MSS.  IN  THE  PUBLIC  LIBRARY 
AT  YVERDON,  SWITZERLAND,  AND  TRANS- 
LATED BY  M.  DU  FOUR. 


Preface. 

Though  Several  persons  have  asked  me  to  relate  my  sad  adventures 
in  America,  I should  not  have  felt  disposed  to  it, — had  I not  been  very 
glad  to  Justify  myself,  as  well  towards  my  Society,  as  towards  some  other 
people,  which  could  perhaps  have  had  “ .sinEter  ’’’thoughts  about  my  be- 
haviour, as  if  1 had  undertaken  that  colony  with  levity  and  imprudence, 
or  as  if  I had  spent  my  time  in  Carolina,  in  luxury  and  leisure,  in 
what  they  would  be  greatly  mistaken,  and  this  relation  will  prove 
the  contrary.  There  will  be  found  in  it  some  particulars  which  might 
110 


COLONIAL  RECORDS. 


not. 


have  been  omitted,  but,  on  account  of  the  disorderly  proceedings  of  some 
people, — who  acted  dishonestly  towards  the  poor  colonists  and  myself, — 
having  gone  as  far  as  the  blackest  and  most  unjustifiable  deeds,  I could 
not  but  mention  them  (though  very  charitably  since  I name  nobody),  in 
order  not  to  be  accused  mvself,  and  to  bring  my  innocence  to  light. 

Motived  of  my  departure  from  Bern. 

Of  course  some  will  be  eager  to  know  for  what  reasons  I came  to  an 
undertaking  so  great  and  so  far  off  from  my  native  country;  some  know 
them,  and  for  them  it  is  unnecessary  to  point  to  them.  The  others  will 
have  to  content  themselves  by  knowing  that,  from  the  very  time  when  I had 
the  honor  to  be  at  the  deceased  duke  of  Albemarle’s  who  was  then  estab- 
lished by  the  King  Charles  II  as  viceroy  of  Jamaica,  by  the  relation 
which  he  made  to  me  of  the  beauty,  goodness,  and  riches  of  English 
America,  I conceived  thereof  such  a flattering  idea,  that  on  the  urgent  invita- 
tion of  that  lord,  I should  have  gladly  followed  him  in  that  travel,  if  I had 
not  been  dissuaded  from  it  by  the  strong  remonstrating  of  my  parents, 
who  wanted  me  to  settle  in  my  country.  Rut  notwithstanding  all  the 
pleasantness  1 could  enjoy  there,  there  was  always,  so  to  speak,  some 
charm  and  attraction  for  me  in  the  above  mentioned  countries.  As  for- 
tune did  not  eye  me  as  favorably  as  I could  have  wished,  after  I had 
ended  my  great  and  important  lieutenantship  (bailiwick)  of  Yverdon,  to 
the  satisfaction,  thank  God,  of  my  lords,*  of  the  neighboring  States,  and 
of  mv  dependants,  with  a good  and  clean  conscience, — but  having  made 
no  money,  on  account  of  several  mishaps, — as  I was  not  a man  to  enrich 
myself  at  the  expense  of  my  poor  dependants,  besides,  on  account  of  the 
troubles  in  Neuchatel,  which  were  the  occasion  of  much  loss  to  me, — 
seeing  that  the  new  Reform  deprived  me  from  any  chance  of  obtaining  some 
new  and  profitable  office  for  some  length  of  time, — I conceived  the  hope 
of  making  a more  considerable  fortune  in  those  far  off  countries  of  Eng- 
lish America. 

In  order  to  care  better  for  my  numerous  family,  according  to  my  char- 
acter and  rank,  I took  the  strong  resolution  to  undertake  that  important, 
dangerous,  long,  and  toilsome  voyage, — with  all  the  more  courage  that  I 
was  solicited  to  it  by  letters,  as  well  from  the  said  countries,  as  from  Lon- 
don. 

I hesitated  a long  time,  whether  I should  communicate  my  plans  to  my 
friends  and  relations,  but,  foreseeing  that  they  would  deter  me  from  them, 
I said  nothing,  even  to  my  next  relatives,  and  started  secretly.  How- 


The  Senate  of  Bern,  (Translator)  which  he  represented  as  a bailli. 


COLONIAL  RECORDS. 


907 


ever,  before  leaving  the  country,  I stopped,  on  the  frontier,  at  a friend’s, 
and  made  some  disposition  about  my  private  affairs,  which  I had  not  been 
able  to  settle  before  my  departure,  and  sent  it  to  a relative  with  an  expo- 
sition of  my  design,  but,  unluckily,  that  parcel  of  papers  was  either  inter- 
cepted or  lost.  This  loss  was  the  cause  of  much  trouble  and  confusion ; 
receiving  no  answer  during  eight  or  ten  days,  I departed  with  a firm 
resolve  not  to  return  any  more  ; but  man  proposes  and  God  disposes. 

When  T arrived  in  Holland,  certain  persons  of  note  would  have  nearly 
averted  me  from  my  purpose  in  making  other  propositions  to  me,  but 
not  finding  them  suitable  to  my  taste,  I pursued  my  way  to  England, 
where  I at  once  met  my  friends.  Some  persons  of  high  rank  and  dis- 
tinction encouraged  me  much  in  my  plans,  and  promised  to  help  me  as 
much  as  possible, — so  that  I could  conclude  a contract,  on  the  proposition 
of  the  Lords  Proprietors  of  Carolina,  bv  which  they  granted  to  me  very 
favorable  conditions  and  privileges  for  the  foundation  of  my  colony. 

My  sojourn  in  London, — and  arrival  of  ten  thousand  Palatines  & Ger- 
mans. 

At  that  very  time,  more  than  20000  Souls  came  from  Germany  to  Eng- 
land, under  the  name  of  “Palatines,”  but  intermingled  with  many  Swiss 
and  people  of  other  German  provinces, — a fact  which  gave  much  anxiety 
to  the  Court,  as  well  as  to  the  inhabitants  of  London  and  neighboring 
provinces,  on  account  of  the  great  trouble  and  enormous  expense  caused 
by  these  people.  Therefore  an  edict  was  promulgated,  on  the  Strength 
of  which  everyone  was  allowed  to  take  Some  of  these  people  to  take  care 
of  them, — and  a great  number  of  them  had  been  sent  into  the  three  king- 
doms, with  less  success,  however,  than  was  expected,  partly  on  account  of 
their  idleness,  partly  on  account  of  the  jealousy  of  the  poor  subjects  of 
the  realm.  And  so  it  was  resolved  to  send  a great  part  of  these  people 
to  America,  to  which  purpose  the  queen  contributed  large  sums. 

Assistance  of  the  Queen  for  the  transportation  of  my  people  to  Virginia 

and  Carolina.  ■ 

Iu  these  circumstances,  several  distinguished  persons  which  knew  about 
my  enterprise,  advised  me  to  avail  myself  of  so  favorable  an  occasion, — 
and  gave  me  some  hopes  that  if  I took  with  me  a considerable  number 
of  those  people,  the  queen  would  not  only  assume  the  expense  of  their 
transportation,  but  also  bestow  upon  them  considerable  assistance, — this 
really  took  place  and  this  last  sum  amounted  to  4000  lb.  Sterling.  The 
Queen  or  the  Royal  Council  had  promised  to  give  lands  on  the  River 
Potomac,  as  many  as  we  should  desire,  with  strong  commendations  to  the 


908 


COLONIAL  RECORDS. 


Governor  of  Virginia.  All  this,  with  the  advantageous  promises  of  the 
Lords  Proprietors  of  Carolina  gave  not  little  authority  to  my  undertak- 
ing, for  which  I hoped  to  achieve  a eonsumation  not  less  successful  than 
its  beginning  appeared  to  be. 

Measures  taken  for  the  transportation  of  the  colonists. 

I accordingly  took  indescribable  pains  for  the  transportation  and  sub- 
sistence of  that  new  colony:  (1)  I selected  to  that  object  young  people, 

healthy  and  laborious,  and  of  all  kind  of  avocation  and  handicraft;  (2) 
I laid  up  stores  of  all  kinds  of  implements;  (3)  good  provisions  of  vic- 
tuals; (4)  good  ships,  well  equipped,  also  good  stewards  and  overseers,  to 
take  care  of  everything  and  to  maintain  these  people  in  good  order  and 
discipline;  (5)  and  in  order  that  no  negligence  or  fault  might  be  charged 
upon  me,  I did  or  undertook  nothing  without  the  knowing,  advice  and 
instruction  of  the  royal  committee.  (6)  I had  appointed  as  first  directors 
of  that  crowd  three  persons,  notables  from  Carolina,  who  happened  to  be 
then  in  London,  and  who  had  lived  already  several  years  in  Carolina. 
One  was  general-receiver,  another  general  Surveyor,  the  third  a justice  of 
the  peace;  all  of  them  appeared  to  that  effect  before  the  Royal  Com- 
mittee, where  they  received  their  instructions  and  were  confirmed  in  their 
authority  above  these  people  on  sea  and  on  land,  (in  my  absence);  indeed, 
I could  not  depart  then  on  account  of  a small  colony  from  Bern,  which 
was  to  follow  shortly  afterwards, — besides  I had  some  other  business, 
which  I had  to  attend  to ; (7)  I had  selected  from  among  that  crowd  twelve 
subdirectors,  both  sensible  and  able, — and  gave  them  charge  to  take  good 
care  of  the  others. 

Visit  of  my  lords  assessors  of  the  R.  Committee  to  the  Ships  etc. 

After  the  Royal  Committee  had  confirmed  all  the  contracts  passed  be- 
tween the  Lords  Proprietors,  myself,  and  those  people,  and  ratified  the 
clauses  on  which  we  unanimously  agreed,  I requested  the  Lords  of  the 
said  Royal  Committee  to  kindly  commit  a few  members  to  visit  the 
transports,  to  see  that  everything  was  in  order,  as  well  concerning  the 
provisions,  as  concerning  the  sailors,  the  ship  itself  and  the  space,  and  to 
warn  the  captain  of  the  ship,  that  he  should  support  and  feed  those  peo- 
ple sufficiently  and  cleanly.  Those  measures  were  taken  and  recorded  bv 
the  Royal  Committee. 

Departure  of  the  colony. — Convoy  of  Rear-Admiral  Noris. 

On  the  day  before  the  departure  of  that  Colony,  I went  with  Mr  Cesar, 
the  German  minister  of  the  Reformed  Church  of  London,  to  Gravesend, 


COLONIAL  RECORDS. 


909 


to  comfort  and  cheer  up  those  people  and  to  wish  them  a happy  voyage; 
I stated  in  a little  speech  all  that  I could  judge  to  be  good  and  proper 
in  the  circumstances,  and  the  Revd  Minister  made  a sermon  full  of  feel- 
ing on  the  subject.  As  to  me,  I could  not  sail  with  them  at  the  time,  as 
I expected  still  another  small  colony  from  Bern,  as  stated  above,  and 
some  members  of  my  Society,  with  whom  I was  desirous  to  meet  in 
order  to  discuss  different  particulars  about  that  important  enterprise,  and 
to  take  afterwards  the  adopted  measures.  And  so,  after  having  com- 
mended them  to  the  divine  care  and  protection,  1 ordered  their  depart- 
ure,— with  many  precautions  however  concerning  the  war.  To  that 
effect  I had  obtained  from  the  Earl  of  Pembroke,  great  admiral  of  Eng- 
land, this  signal  favor, — that  he  ordered  Knight  Noris,  rear-admiral,  to 
escort  both  our  vessels  with  his  squadron  as  far  as  the  latitude  of  Portu- 
gal. 

Causes  of  the  death  of  many  colonists. 

Though  in  January  (1710),  the  weather  then  was  very  mild,  but  when 
they  had  crossed  the  channel  they  were  overtaken  by  such  a terrible  storm 
and  by  winds  so  contrary  that  it  took  them  13  weeks  to  cross  the  sea. 
For  that  reason,  those  poor  people  were  much  worried  and  all  fell  sick, 
to  which  state  of  things  the  salted  food,  to  which  they  were  not  accus- 
tomed, and  the  lack  of  space, — both  were  much  conducive.  More  than 
half  of  them  died  on  the  sea  and  many  died  for  drinking  too  much  water 
and  eating  raw  fruit  to  excess  after  the  landing.  In  that  way,  that  col- 
ony was  shattered  before  it  had  settled. 

One  of  the  vessels  plundered  by  a French  captain. — l.sf  Misha]). 

N.  B.  One  of  these  vessels,  loaded  with  the  best  goods  and  most 
well-to-do  colonists  had  the  misfortune  to  be  assailed  and  plundered  by 
a French  captain,  at  the  very  mouth  of  James  River,  in  sight  of  an  Eng- 
lish man  of  war,  which,  being  anchored  and  partly  dismasted,  could  not 
come  to  its  help.  This  is  the  first  storm  of  adversity. 

Arrival  of  the  Palatine  colonists  in  Virginia. 

After  what  was  left  of  that  colony  had  recruited  and  restored  them- 
selves a little  in  Virginia,  where  they  had  been  welcomed,  thev  started 
with  their  goods  and  chattels  on  their  way  to  Carolina;  they  had  20  miles* 
to  go  by  land,  what  took  much  time  and  money, — indeed,  they  dared  not 


*The  MS.  hits  it,  textnallv,  20  miles  (written  in  figures).  It  probably  stands  for 
more.  (Translator.) 


mo 


COLONIAL  RECORDS. 


to  go  at  sea  on  account  of  the  privateers, — and  besides,  the  waters  are  so 
low  at  the  month  of  the  Carolinian  rivers,  that  big  ships  could  not  cross 
their  opening  and  sail  up  stream. 

Arrival  of  the  Palatines  in  North  Carolina. 

They  arrival  in  the  County  of  Albemale  on  the  River  Chowan,  at  the 
residence  of  a rich  settler,  Co'  Pollock,  of  the  Council  of  North  Carolina, 
he  took  care  of  them,  supplied  them  with  all  necessaries,  set l pro  pecunia, 
fin1  money,  and  put  them  into  great  boats  to  cross  the  Sound  and  enter 
the  County  of  Hath,  where  they  were  located  by  the  Surveyor-general  on 
a tongue  of  land  between  the  News’  and  Trent  rivers,  called  Chattawka, 
where  afterwards  was  founded  the  small  city  of  New  Bern, — and  here 
begins  the  second  cross  accident. 

Indeed,  that  Surveyor  general,  instead  of  settling  these  poor  people, 
every  one  on  his  own  plantation,  in  order  to  gain  time  and  to  enable  them 
to  clear  and  clean  out  their  lands,  located  them,  in  his  personal  interest, 
on  part  of  his  own  land  on  the  southern  bank  of  the  river  Trent,  at  the 
very  hottest  and  most  unhealthy  place,  instead  of  locating  them  at  least 
northwards  on  News’  River,  where  they  would  have  found  a cooler  situ- 
ation. What,  furthermore,  was  very  dishonest  in  that  Surveyor,  is  the 
fact  that  we  had  paid  him  a heavy  price  for  that  piece  of  tongue  of  land, 
about  one  thousand  “arpents,”*  not  knowing  that  he  had  no  title  to  that 
and  that  the  place  was  still  inhabited  by  Indians.  He  sold  it  to  us  as 
free  of  all  incumbrance  and  attested  that  there  were  no  Indians  on  it. 

There  those  poor  colonists  were  forced  to  stay  until  September  in  the 
greatest  poverty,  and  to  sell  nearly  all  their  clothes  and  movables  to  the 
neighboring  inhabitants,  in  order  to  sustain  their  life. 

I leave  it  to  the  reader  to  think  how  this  sight  impressed  my  little 
Bernese  colony,  which  unto  then  was  in  want  of  nothing,  had  a happy 
voyage,  from  their  departure  to  their  arrival  in  Carolina,  in  a good  sea- 
son, well  supplied  with  all  kinds  of  provisions,  well  equipped,  with 
plenty  of  room  on  the  vessel, — when  their  eyes  presently  beheld  such  a 
sad  state  of  things,  sickness,  want,  and  desperation  having  reached  their 
very  climax. 

The  colony  in  great  distress. 

I could  not  enough  insist  on  the  wretched  and  sorrowful  state  in  which 
I found  these  poor  people  on  mv  arrival ; nearly  all  sick  and  at  the  last 

*“  Arpents”  an  old  French  measure  varying  in  different  provinces  from  3 roods  to  2 
acres  English.  (Translator.) 


COLONIAL  RECORDS. 


911 


gasp,  and  the  few  who  had  kept  their  health  despairing  entirely.  ( rod 
knows  in  what  labyrinth,  even  danger  for  my  own  life,  I found  myself 
then ! 

2 (l  mishap. 

But  before  going  on  with  my  relation  I will  also  mention  my  departure 
from  London,  and  afterwards  I shall  continue  the  successive  narration  of 
events;  it  will  not  he  out  of  purpose  to  speak  also  of  my  departure  from 
London  and  then  go  on.  As  my  Palatines  departed  in  January  1710,  I 
followed  them  and  departed  myself  from  Newcastle  at  the  beginning  of 
June,  with  my  Swiss,  who  embarked  in  Holland,  under  care  of  two  of 
my  associates,  in  a ship  from  New  England,  having  contracted  with  the 
owner,  a merchant  from  Boston,  the  capital  of  that  province,  for  their 
transportation,  as  the  ship  was  about  ready  to  sail. 

I departed  from  London  at  (lie  end  of  the  month  of  May,  and  took 
for  that  a very  convenient  coach,  which  is  most  like  to  the  “diligence” 
or  stage-coach  from  Paris  to  Lyon.  1 cannot  but  speak  of  something 
which  T remarked  on  that  travel.  As  I had  to  stay,  over  Sunday,  in  a 
small  town  called  Strafford,  I was  anxious  to  see  the  country-seat  of  the 
Earl  of  Essex,  where  I was  most  civilly  received.  After  having  seen  all 
the  apartments  and  curiosities  which  are  found  in  that  magnificent  palace, 
I observed  in  a great  cupola  excellent  pictures,  and  in  the  Earl’s  private 
room  a great  many  curiosities,  but  in  a line  hall  I nearly  caused  the  com- 
pany to  laugh,  in  the  following  way.  1 thought  I saw  on  a marble  table 
a lute,  flutes,  and  other  musical  instruments,  a few  books  of  music,  a pack 
of  playing-cards  carelessly  thrown  down,  a small  bag  of  game-counters 
and-fishes,  and  several  other  trifles.  When  I came  nearer  the  table  I 
saw  that  all  that  was  only  painting  instead  of  the  real  things  which  I 
fancied.  Assuredly  I was  most  surprised  to  see  the  work  of  a second 
Applies.  What  was  most  striking  was,  that  the  surface  of  the  table  was 
as  well  polished  as  if  the  whole  had  been  naturally  grown  in  the  marble. 
After  having  been  refreshed  with  a very  good  collation,  I expressed  my 
thanks  and  took  leave  to  pursue  my  way. 

After  a few  days’  travelling,  we  arrived  at  York,  where  1 had  just 
time  enough  to  view  the  structure  of  the  cathedral,  which  is  very  beauti- 
ful, and  from  there  I saw  nothing  very  remarkable,  until  1 came  to  New 
Castle. 

Lieutenant-Governor  of  North  Carolina. 

The  cause  of  all  my  misfortunes  was  the  behavior  and  faithlessness  of 
the  superior  and  inferior  Inspectors,  but  above  all  the  temerity,  faithless- 


/ 


912 


COLONIAL  RECORDS. 


ness,  avarice  and  lack  of'  charity  of  (blond  Cary,  from  which  causes  pro- 
ceeded not  only  the  above  stated  misfortunes,  but  all  other  misadven- 
tures, and  my  own,  as  well  as  the  colony’s,  total  ruin.  That  colonel 
availed  himself,  at  that  time,  of  the  Governor’s  death  to  meddle,  (against 
every  right  and  justice,  and  against  the  orders  of  the  Lords  Proprietors), 
with  the  government,  yea,  I know  it  from  a certain  source,  he  proposed 
to  till  his  pocket  with  the  income  of  the  Lords  Proprietors  and  to  sail 
for  Madagascar,  a favorite  resort  for  all  kinds  of  thieves  and  pirates. 

Third  Mishap. 

This  same  Colonel  Cary,  when  the  new  Governor,  Mr  Hyde,  a near 
relation  to  Queen  Ann,  the  three  directors  above  mentioned,  and  I,  pre- 
tended to  exhibit  before  him  and  the  Council  our  patents,  orders  and  let- 
ters, impudently  turned  us  away,  in  defiance  of  the  injunctions  of  the 
Lords  Proprietors,  refused  to  hear  us,  and  scorned  all  our  protestations, 
so  much  so  that  all  the  fine  promises  of  the  LL.  Prop8  on  which  I 
relied  and  on  which  all  that  enterprise  was  founded  were  useless  and 
came  krnothing.  This  brought  me  with  the  whole  colony  in  dreadful 
troubles  and  unutterable  anxieties,  and  had  an  influence  on  all  mishaps 
which  took  place  since. 

Rebellion  of  Colonel  Cary  and  his  follower*. 

Finally,  that  C.  Cary  became  an  open  and  declared  rebel  and  brought 
together  a gang  of  tramps  and  rioters  by  means  of  promises  and  plenty 
of  good  drinks  to  which  he  treated  them, — so  much  so  that  the  new 
Governor,  Mr  Hyde,  dared  not  to  undertake  it  to  put  himself  in  posses- 
sion of  his  Government  by  force, — all  the  less  so  that  his  letters  patent 
were  not  yet  ready,  although  orders  had  already  been  issued,  on  the 
strength  of  which  Col.  Trent,  Governor  of  South  Carolina  was  to  install 
him,  and  had  already  written  to  that  effect  to  the  Council  of  North  Car- 
olina ; unfortunately  that  same  Governor  Trent  suddenly  died,  which  fact 
was  the  cause  of  all  these  disturbances. 

However,  this  interreign  did  not  suit  me,  and  in  such  pressing  need 
and  want  (inasmuch  as,  on  account  of  the  troubles  caused  by  that  rebel- 
lion, everybody  kept  his  little  provisions  for  himself,)  the  question  was 
whether  I should  risk  my  life,  and  leave  all  that  colony  to  rack  and  ruin, 
and  let  them  starve,  or  if  I should  run  into  debts  to  relieve  these  poor 
people.  In  such  pressing  need  an  honest  man,  a good  Christian  could 
not  hesitate.  As  luckily  my  name  and  character  were  good  enough  in 
America,  where  my  plans  were  much  talked  of, — I first  sent  to  Pennsyl- 
vania for  provisions  of  flour;  I had  luckily  already  ordered  some  there 


COLONIAL  RECORDS. 


013 


from  London,  by  way  of  precaution,  fearing  that  affairs  would  not  go 
on  as  easily  in  Carolina  as  was  thought  at  the  time.  I did  not  fail  to 
send  also  to  Virginia  and  into  the  Province  itself  for  the  necessary  pro- 
visions, but  all  that  got  on  so  slowly  that  during  that  time  these  new  col- 
onists were  obliged  to  sell  their  clothes  and  implements,  in  order  to  get 
the  necessary  victuals  from  the  neighboring  inhabitants,  and  keep  them- 
selves from  starvation. 

In  the  mean  time  I took  steps  to  get  the  land  surveyed  in  distributing 
to  every  family  its  own  portion  of  it,  so  that  they  should  not  lose  time, 
and  in  order  that  they  could  root  up  the  trees,  build  their  cabins,  etc.  At 
last  the  provisions  in  grain,  salt,  butter,  salt  pork,  and  several  kinds  of 
vegetables,  were  brought  to  me  at  heavy  expense.  As  to  cattle,  it  was 
supplied  with  difficulty,  since  our  people  would  not  go  for  it  where  it 
could  be  found,  and  I could  not  deliver  it  to  them  at  their  very  doors. 
However,  some  expedients  were  found,  and  our  colonists,  within  18 
months,  managed  to  build  homes  and  make  themselves  so  comfortable, 
that  they  made  more  progress  in  that  length  of  time,  than  the  English 
inhabitants  in  several  years. — For  instance,  there  was,  in  the  whole  prov- 
ince, only  one  wretched  water  mill ; the  wealthiest  people  use  handmills, 
and  the  poorer  class  are  obliged  to  pound  their  grain  in  mortars  made  of 
oak,  or  rather  tree-stocks  which  are  dug  out,  and,  instead  of  sifting  it  in 
a regular  sieve,  they  shake  it  barely  in  a kind  of  basket,  which  operation, 
of  course,  occasions  much  loss  of  time.  On  the  contrary,  our  people 
found  out  brooklets,  convenient  to  build  on  them  a kind  of  wheelworks 
connected  with  pestles  which  they  put  in  motion,  so  by  means  of  water 
power  they  pounded  their  grain,  & had  their  time  left  for  other  work, 
what  did  them  much  good.  I had  mvself  already  begun  the  construction 
of  a very  convenient  water-mill.  But,  alas ! as  we  already  hoped  to  enjoy 
the  fruits  of  our  labors  after  much  expense,  trouble,  and  care, — notwith- 
standing such  cross-accidents,  mishaps  and  inconveniences, — when  there 
was  a fine  appearance  of  a happy  state  of  things,  the  fourth  storm  of 
infortune  rushed  upon  us  in  the  shape  of  the  Indians,  who  plotted  a black 
treachery,  the  which  proceeded  from  the  vengeance  and  jealousy  of  the 
rebel  adherents  of  Col.  Cary,  the  author  of  all  our  misfortunes. 

Here  follows  my  relation  and  tragic  adventures  on  my  travel  to 
Catechna.  I change  the  Governor’s  letter  into  a relation  and  keep  for  its 
time  the  particulars  about  the  Indian  war.  This  sad  adventure  is  in  a 
relation  inserted  at  page  [923],  as  it  consists  in  a letter  written  to  Govr 
Hyde,  written  before  this  narration. 


Ill 


914 


COLONIAL  RECORDS. 


As  the  said  Col.  Cary,  by  his  unruly,  “ crabbed  ” and  treacherous  pro- 
ceedings, was  cause  of  the  commotion  and  tumult  of  the  whole  province, 
it  will  not  be  out  of  place  to  mention  here  something  more  particular 
about  these  disturbances,  and  to  continue  the  narration  of  what  took  place 
after  Col.  Trent’s,  the  Govr  of  S.  C’s  death. 

As  soon  as  we  had  arrived  to  a village  on  the  frontier  between  Vir- 
ginia & Carolina,  called  Homer  Town , a small  crowd  of  inhabitants  of 
North  Carolina  came  to  greet  me  and  offered  the  government  to  me;  they 
insisted  among  other  motives  of  persuasion,  on  the  fact  that  it  was  due 
to  me  since,  in  an  interreign,  and  in  the  Governor’s  absence,  the  land- 
grave occupied  the  first  rank  and  held  the  “ presidial.”*  Having  already 
heard  from  the  Govr  of  North  Carolina’s  death,  in  London,  I replied 
that  though  I was  duly  invested  with  that  dignity  of  a Landgrave,  1 
would  not  avail  myself,  at  the  moment,  of  that  title.  I thanked  them 
for  the  honor  which  they  did  me,  and  in  my  turn  pointed  to  the  follow- 
ing considerations : “that  the  new  governor,  Mr  Hyde,  was  already  in 
“Virginia,  that  I had  been  an  ocular  witness  of  his  election  as  such  by 
“the  LL.  Prop',  and  had  congratulated  him  in  the  rooms  of  these 
“distinguished  gentlemen, — that,  far  more,  he  was  a near  relative  to  the 
“Queen, — that  he  had  been  approvingly  confirmed  by  her  Majesty, — 
“and  that  it  would  be  ungracious  in  me  to  meddle  with  such  kind  of 
“business, — that,  though  that  lord  had  not  yet  received  his  letters 
“patent,  they  could  follow  soon,  and  that,  accordingly,  the  inhabitants 
“of  North  Carolina  ought  to  make  no  difficulty  in  receiving  him  as 
“ their  governor, — the  more  so,  that  Govr  Trent  had  already  notified  it 
“to  the  Council  of  N.  Carolina,” — but,  as  these  persons  did  not  like  to 
have  such  a gi’eat  tory  for  their  governor,  my  answer  did  not  please  them, 
— so  they  partook  of  a collation  with  me,  and  returned  home. 

Arrival  in  Carolina. 

A few  days  afterwards,  I advanced  further  in  the  Province  with  my 
people  and  stopped  in  the  County  of  Albemarle,  on  the  River  Chowan, 
at  the  Col1  Pollock’s,  a Member  of  the  Council,  and  among  the  wealthi- 
est of  the  Province.  Immediately  the  council  was  assembled  and  they 
urged  much  upon  me,  in  order  that  I should  attend  it,  though  I did  not 
want  to  do  it,  in  such  delicate  matters, — then,  when  we  were  in  session, 
they  explained  the  situation  of  affairs  in  the  Province.  It  was  not  very 


^Unless  this  word  “ presidial  ” is  meant  for  presidence,  what  would  he  one  of  de  Graf- 
fenried’s  minor  errors  of  expression,  it  properly  means:  “ inferior  court  of  judicature.” 
Translator. 


COLONIAL  RECORDS. 


915 


hard  for  me  to  guess  that  they  wished  very  much  to  enlist  me  in  their 
party,  as  much  on  account  of  my  character  as  on  account  of  the  many 
fine  people  which  I had  with  me  and  at  my  disposal, — inasmuch  as,  on 
whatever  side  I should  be,  I could  turn  the  scales  in  favor  of  those  which 
I should  join.  After  due  consideration  of  these  matters,  it  was  thought 
that  I ought  to  write  an  earnest  letter  to  Col.  Cary,  putting  his  duty  be- 
fore him  and  telling  him  that,  if  he  would  not  yield  to  reason,  I threat- 
ened to  throw  myself,  with  all  my  people,  on  the  side  of  the  new  Govr, 
Mr  Hyde,  what,  being  done,  would  enable  him  to  other  measures.  How- 
ever, he  gave  me  a very  proud  and  impudent  answer.  Afterwards,  hav- 
ing reflected  upon  his  “sinister”  proceeding,  he  repented  a little,  and  we 
came  at  last  to  an  understanding,  which  was  subscribed  and  undersigned 
on  both  sides.  The  substance  of  it  was,  that  Col.  Cary  with  his  followers 
should  recognize  Mr  Hyde  as  president  of  the  Council,  until  the  coming 
of  more  precise  orders  from  the  LL.  Proprietors.  For  the  mean  time 
I pursued  my  way  to  the  quarters  where  I proposed  to  settle  with  my 
people,  to  New  Bern,  from  where  the  Palatines  had  written  to  me,  with 
earnest  entreaties  that  I should  make  haste  and  bring  them  the  necessary 
victuals,  in  the  utmost  distress  in  which  they  found  themselves.  I there- 
fore got  some  provisions  together,  but  I could  not  have  enough  of  them 
for  so  many  people.  Meanwhile  some  one  wrote  to  Govr  Hyde  not  to  fail 
to  come  immediately  with  his  family,  from  Virginia  to  Carolina,  on  the 
River  Chowan,  to  Col.  Pollock’s,  and  on  a plantation  belonging  to  a good 
old  English  nobleman,  whose  name  was  Duekenfleld,  where  he  found 
pretty  good  lodgings. 

Colonel  Cary  comes  to  Newbern. 

When  Col.  Cary  saw  that  he  could  not  play  the  trick  which  he  in- 
tended as  said  above,  he  did  his  utmost  to  get  artfully  hold  of  the  agree- 
ment made  and  contrived  cunningly  to  tear  from  it  his  name  and  signature. 
He  then  begun  his  old  course  again,  and  by  means  of  good  liquor,  rum, 
and  brandy,  to  which  he  treated  the  rabble,  lie  secured  many  adherents, 
and  they  flnallv  came  to  an  open  rebellion  against  Mr  Hyde.  But,  as 
that  disturber  of  public  peace  was  well  aware  that  he  would  have  in  my- 
self a powerful  adversary  to  contend  with,  he  had  recourse  to  the  follow- 
ing trick. 

Under  pretence  of  a visit  lie  came  to  see  me  at  Newbern,  the  place  of 
my  residence,  where  he  dined  with  me.  After  the  meal  we  drank  a bot- 
tle of  Madeira  wine  together  and  spoke  seriously;  as  lie  was  the  one  who 
(according  to  my  lctters-pntent  and  to  the  orders  of  the  LL.  Proprietors) 
was  to  supply  me  with  all  necessaries,  out  of  the  revenue  of  the  Province 


5)10 


COLONIAL  RECORDS. 


uiul  refused  to  do  anything,  1 was  glad  to  have  an  occasion  to  blame  him 
for  it  and  to  point  out,  in  his  presence,  to  the  enormity  of  his  criminal 
proceedings.  Seeing  himself  convinced  by  so  many  good  reasons,  and 
on  another  hand  desirous  to  wheedle  me,  so  that  I should  not  work  too 
hard  against  him,  he  promised  me,  in  the  presence  of  4 witnesses,  to  de- 
liver to  me  within  3 weeks,  in  partial  payment  of  the  LL.  Proprietors’ 
orders,  the  worth  of  500  lb.  sterl.  in  cattle,  grain,  and  other  provisions. 
Concerning  Gov.  Hyde  lie  said  he  would  leave  things  in  statu  quo,  and 
then  departed,  but  I did  not  rely  much  on  what  he  said,  and  told  him, 
in  his  face,  that  1 feared  the  acts  would  not  answer  the  promises. 

This  trip  of  Cary  had  not  been  undertook  without  some  bad  intention, 
and  he  achieved  what  he  had  planned,  then  he  did  not  fail  to  inculcate 
to  all  planters  of  the  neighborhood  that  they  should  deter  my  colonists 
from  siding  with  Gov'  Hyde,  in  what  they  well  succeeded,  and  not  one 
dared  to  walk  out  from  the  quarters,  having  been  threatened  that  if  they 
did  not  remain  neutral,  they  would  be  destroyed  by  the  Indians  and 
Carolinian  residents. 

Invitation  of  Governor  Hyde. 

Some  time  later,  Governor  Hyde  sent  me  by  an  express  messenger  a 
parcel  of  letters-patent,  among  which  was  one  by  which  he  had  appointed 
me  as  a Colonel  and  Commander  of  the  County  of  Hath ; the  names  of 
the  inferiors  were  left  in  albo ; he  left  their  nomination  with  me,  and 
earnestly  entreated  me  to  assist  him  with  all  my  might  against  the  Rebels. 
Knowing  well  how  cowardly  was  the  disposition  of  my  people,  I replied 
to  the  Governor  that  my  men  were  by  no  means  disposed  to  take  any 
part  at  all,  but  desired  to  keep  a strict  neutrality ; this  did  not  please' 
the  Governor  and  soon  afterwards  there  came  a more  precise  order  with 
the  express  clause  that,  if  nothing  could  be  done,  I at  least  should  im- 
mediately go  and  attend  the  Parliament  or  General  Assembly  which  was 
to  be  held.  I could  not  decline,  so  much  the  less,  that  my  titles  and 
public  character  bound  me  to  do  it  as  a duty,  and  so  I resolved  to  go, 
not  without  taking  my  precautions,  inasmuch  as  I had  been  threatened, 
as  well  as  my  colonists,  and  the  road  was  nothing  but  safe,  and  the  dis- 
tance a two  days’  march  across  big  rivers  and  more  or  less  dangerous 
woods. 

My  arrival  at  the  Government-house. 

Having  arrived  safely  at  the  Governor’s  we  discussed  together,  before 
appearing  in  Parliament,  the  measures  to  be  taken  in  order  to  secure  us 
against  the  insults  of  Col.  Cary  and  his  adherents. 


COLONIAL  RECORDS. 


917 


Arrival  of  the  impostor,  R.  Roach. 

Without  delay  we  ordered  for  our  guard  a body  of  the  most  trust- 
worthy people,  in  order  to  avoid  a surprisal,  and  our  greatest  care  was  to 
win  to  our  side  the  inhabitants  of  the  Province.  Unhappily,  just  at  that 
time,  there  arrived  from  London  a certain  riotous  and  turbulent  person, 
called  Richard  Roach.  He  was  the  cause  of  much  trouble;  he  was  the 
agent  of  one  of  the  LL.  Proprietors,  but  a merchant,  and  a member  of 
the  Sect  of  Shakers,  and  had  come  to  that  country  for  the  purpose  of 
trading.  He  was  immediately  won  to  the  side  of  the  Rebels,  what  much 
strengthened  them,  since  he  was  abundantly  provided  with  powder,  lead, 
and  firearms,  what  suited  them  very  well.  That  impostor  was  very 
boisterous  and  of  the  utmost  impudence.  In  order  to  excite  Rebellion 
all  the  more,  he  presumed  to  spread  atrocious  lies  and  slanders  against 
Govr  Hyde,  saying  that  he  had  other  orders  from  the  LL.  Prop',  but 
not  in  favor  of  Edward  Hyde;  this  made  the  disturbance  greater,  fos- 
tered Rebellion,  and  gave  us  much  trouble.  That  same  scoundrel  did 
also  injure  me  much  privately;  he  played  on  me  the  trick  of  making 
unavailable  a bill  of  exchange  of  200ft).  Sterlg.  He  pretended  to  have 
orders  to  protest  or  seize  it,  though  his  master  from  whom  I had  got  the 
bill,  was  paid  long  ago  in  due  form.  This  was  a very  great  and  uncon- 
ceivable damage  to  me  in  a moment  of  greatest  need. 

The  Rebels  attack  the  Government  and  t Council. 

These  Rebel  ringleaders,  Col.  Cary,  Richard  Roach,  & Email.  Low 
(who,  although  a Shaker,  erected  himself  into  a Colonel),  came  during  a 
certain  night  in  a well  equipped  bigantine  loaded  with  (50  or  <S0  men  and 
a few  cannons,  in  order  to  besiege  us  at  Col.  Pollock’s,  that  is,  at  the 
Council  member’s  in  whose  house  the  Council  was  always  held,  as  well 
on  account  of  his  dwelling’s  situation,  as  on  account  of  his  means  and 
credit.  Towards  morning  these  avowed  Rebels  and  declared  enemies 
fired,  from  their  brigantine,  two  cannon  shots  against  the  house  where  we 
were,  and  only  scratched  the  roof  of  the  house ; the  report  begun  the 
alarm.  Thereafter,  our  body  of  guards,  about  63  men  strong,  took  po- 
sition and  we  shot  also  a couple  of  cannon  balls  in  the  direction  of  the 
brigantine,  but  without  causing  any  damage. 

Then  these  Rebels  disembarked,  out  of  their  brigantine,  on  two  boats, 
their  best  men,  with  the  intention  to  set  them  on  shore  and  take  us  by 
surprise,  not  suspecting  that  we  had  many  people  with  us.  When  we 
saw  their  movements  we  took  also  our  position,  and  went  behind  a row 
of  bushes  on  the  shore  of  the  river,  which  is  there  about  two  good  miles 


918 


COLONIAL  RECORDS. 


broad.  The  Rebels,  seeing  among  our  people  my  servant,  who  was 
dressed  in  a yellow  livery  coat,  were  frightened,  as  they  thought  that  my 
whole  colony  was  at  hand.  We  sent  after  them  a few  cannon  balls  which 
slightly  struck  their  mast;  this  had  such  good  result  that  the  boat  crews 
did  not  dare  to  land,  but  returned  aboard  the  brigantine.  Finally,  fear 
seized  them  in  such  a way,  that  they  hauled  up  sails  and  took  fiight. 

Flight  of  the  Rebels. — An  amnesty  for  the  deceived. — Gov.  Hyde  recog- 
nized by  Parliament. 

We  did  not  fail  to  pursue  them  at  once  and  embarked  our  best  men 
on  a big  boat,  but  they  could  not  overtake  them.  The  brigantine’s  crew, 
however,  being  struck  with  panic,  found  a place  convenient  for  landing, 
went  on  shore,  and  the  leaders  fled  through  the  woods.  And  so  our  peo- 
ple conquered  the  brigantine,  and  brought  it  back,  together  with  its  lit- 
tle crew  and  the  ammunition,  to  the  place  where  we  were  assembled.  This 
event  sowed  division  among  the  Rebels  and  other  evil-disposed  persons 
and  strengthened  our  party.  Having  consulted  among  us,  we  found  that 
we  ought  perhaps  to  publish  an  amnesty  for  all  who  had  been  maliciously 
enticed  by  the  leaders,  but  the  leaders  themselves  were  denounced  pub- 
licly. A list  was  made  out  of  all  who  had  submitted  to  the  new  Gov- 
ernment, and  given  their  written  adhesion,  and  then  we  called  together  a 
Parliament,  where  all  matters  concerning  these  disturbances  were  dis- 
cussed, the  most  turbulent  were  secured  and  imprisoned,  and  to  those 
who  confessed  their  faults,  an  amnesty  was  granted.  During  all  that 
was  going  on,  I was  obliged  to  take  the  “ presidial,”  most  unwillingly, 
then  the  matter  was  delicate  and  dangerous.  My  first  aim  was  to  work 
with  all  my  might  in  order  that  the  new  Governor,  Mr  Edward  Hyde, 
should  be  recognized,  in  which  I was  successful,  and  so  got  rid  of  a 
heavy  burden.  So  every  thing  was  quiet  again  and  every  one  went 
home. 

The  fire  of  Rebellion  kindled  again  by  Roach  and  others. 

But  that  calm  did  not  last  long;  the  authors  of  the  disturbance  again 
gathered  together  and  R.  Roach,  mentioned  above,  established  himself  on 
an  island  with  ammunition  and  provisions,  and  made  every  effort  to  bring 
together,  the  dispersed  and  Runaway  Rebels.  The  Governor  himself, 
with  his  party,  tried  to  dislodge  him  from  his  island,  but  lie  was  so 
strongly  entrenched  that  nothing  was  done  and  the  government’s  force 
had  to  retire. 

That  seditious  fire  broke  out  again  and  was  carried  to  such  a pitch  that 
the  second  outbreak  was  nearly  more  serious  than  the  first;  in  this  dan- 


COLONIAL  RECORDS. 


919 


gerous  situation,  it  was  considered  expedient  to  look  for  help  to  the 
neighboring  State,  and  decided  that  1 should  be  delegated  with  two  mem- 
bers of  Council  to  Mr  Alexander  Spotswood,  Governor  of  Virginia,  to 
ask  him  to  assist  us,  and  a letter  was  sent  to  him  in  advance,  in  order  to 
impart  to  him  our  intentions.  He  very  civilly  appointed  a place  and 
day  for  us  to  meet  him  on  the  frontier  between  Virginia  and  North  Car- 
olina, as  he  had  anyway  the  intention  to  drill  his  troops  in  that  neigh- 
borhood. 

My  deputation  to  the  Governor  of  Virginia  for  help. — The  required  help 

obtained. 

I started  for  that  appointment  by  water,  on  the  same  brigantine  which 
we  had  taken  from  the  Rebels,  because  it  was  not  safe  to  travel  by  land, 
and  besides,  we  were  glad  to  take  along  some  provisions  in  the  neighbor- 
hood. But  when  we  had  sailed  some  small  distance,  such  a terrible  storm 
arose,  that  we  were  compelled  to  turn  back.  We  therefore  took  a canoe 
(it  is  a long  and  narrow  boat  dug  out  of  one  solid  piece  of  wood, — and 
daily  used  on  those  rivers)  and  we  paddled  up  stream,  after  the  wind  had 
somewhat  subsided,  but  though  we  made  all  possible  haste,  we  could  not 
arrive  in  time  at  the  appointed  place;  but  the  Governor  of  Virginia  had 
given  orders  so  that  he  should  be  at  once  informed  of  my  arrival,  at  Wil- 
liamsburg, the  place  of  his  Residence.  As  soon  as  I had  come,  I wrote 
a letter  with  my  compliments  and  apologies  to  that  lord,  who  did  not  fail 
to  come  to  the  appointed  place  on  the  following  day,  with  his  Secretary 
and  two  other  gentlemen.  We  consulted  there  together,  and  the  Gover- 
nor received  us  very  civilly.  The  job  was  harder  than  I expected;  after 
I had  exhibited  my  credentials,  I stated  my  request,  but  strong  objections 
to  it  were  made  at  once : “That  the  Virginians  did  not  feel  inclined  to 
“fight  against  their  brothers  and  neighbors,  inasmuch  as  they  were  all 
“equally  subjects  of  the  Queen  of  Great  Britain,  that  besides  the  case 
“ was  somewhat  embarrassing,  the  more  so  that  Mr  Hyde  had  not  yet 
“got  his  letters-patent.”  Some  other  expedients,  therefore,  were  to  be 
found,  and  Govr  Spotswood,  to  whom  I had  been  recommended  in  the 
name  of  the  Queen,  and  who,  for  the  first  time  he  saw  me,  was  desirous 
to  please  me  and  not  to  send  me  away  without  granting  me  some  favor, 
asked  me  if  I had  to  propose  some  other  means  or  expedients  which 
would  be  of  an  easier  achievement.  I therefore,  seeing  that  these  Vir- 
ginians were  not  disposed  to  help  us,  and  that  they  perhaps  somewhat 
partook  of  that  free  and  democratic  spirit,  bethought  myself  that  per- 
haps something  might  be  obtained  in  the  shape  of  regular  troops.  I ac- 


i)2( ) 


COLONIAL  RECORDS. 


con  I i ugly  asked  the  Governor,  in  his  capacity  of  rear-admiral  of  the  Vir- 
ginia ( V>ast,  to  be  so  kind  as  to  send  ns  a well-equipped  man-of-war,  which 
request  he  granted.  I le  at  once  sent  us  a brave  captain,  who  did  his  duty 
very  well.  I did  not  doubt  but  that,  as  soon  as  he  would  appear  with 
the  red  coats,  (the  livery  of  the  crown,  common  to  all  men  in  Her  Maj- 
esty’s pay,)  it  would  have  an  excellent  effect. 

The  Virginian  Mari-of-  War  comes  to  the  rescue. 

I took  leave  of  that  lord,  and  departed  for  home,  and  before  my  de- 
parture that  lord  showed  me  extraordinary  favor,  invited  me  to  come  to 
his  home  and  offered  me  his  services  in  whatever  could  be  in  his  power. 
I arrived  at  the  Government-house  and  reported  what  I had  done,  and 
my  negotiation  was  approved  and  met  with  general  applause,  as  well 
from  the  Governor  and  Council,  as  of  all  well-intentioned  people,  what 
fact  did  not  little  increase  my  credit. 

After  some  time  the  captain  of  the  ship  arrived  with  his  brave  sailors, 
and  after  he  had  complimented  us  and  handed  the  letter  of  Govr  Spots- 
wood  in  presence  of  the  Council,  we  asked  him  to  declare  before  the 
General  Assembly  and  all  the  people,  that  if  the  rioters  would  not  return 
to  their  duty,  he  had  orders  to  deal  with  them  with  the  greatest  severity. 
That  had  indeed  such  good  effect  that  no  body  dared  to  stir,  and  the  au- 
thors of  the  disturbances  took  flight.  At  the  same  time,  we  received  let- 
ters from  London,  stating  that  the  LL.  Proprietors  had  appointed  Mr 
Edward  Hyde  as  Governor  of  North  Carolina,  and  that  his  letters-patent 
had  been  handed  to  a trustworthy  person  who  was  to  bring  them, — what 
calmed  much  the  popular  excitement,  and  the  evil-intentioned  came  to 
confusion. 

Colonel  Cary , made  a prisoner  in  Virginia,  is  sent  to  London. 

That  Col.  Cary,  so  often  mentioned  above,  was  arrested  in  Virginia 
with  other  persons  concerned  in  his  plot,  and  sent  to  London  in  a well 
equipped  ship.  He  was  prosecuted,  what  created  much  sensation. 
Happily  for  him,  however,  two  lords  took  his  part  and  saved  his  life; 
he  was  liberated  on  bail,  and  a judge  was  assigned  to  him  in  Carolina, 
in  order  that  he  could  defend  himself  there, — where  the  case  was  delayed 
so  long  that  to-day  sentence  is  not  passed, — but  I believe  that  he  is  not 
very  anxious  to  hasten  the  judgment  of  an  affair  so  risky. 

All  these  troubles  had  been  not  little  conducive  to  the  invasion  of  the 
Savages,  in  as  much  as  some  of  the  rioters  had  defamed  Govr  Hyde,  in 
the  opinion  of  the  Indians,  to  such  a degree,  that  they  held  him  for  their 
declared  enemy.  I could  ascertain  that  fact  myself,  when  I Mas  made  a 


COLONIAL  RECORDS. 


921 


prisoner  by  the  Savages.  Believing  that  I was  the  Governor,  they  dealt 
very  roughly  with  me,  until  an  Indian  who  understood  English  and 
knew  me  told  told  them  that  I was  not  Govr  Hyde;  I had  then  a rather 
better  time. 

My  return  to  New-Bern — 2d  departure  for  the  Gov(-seat — The  Govr  pre- 
sents himself  to  the  Genal  Assblv. 

After  every  thing  was  calmed  down,  I went  back  to  Newbern,  in  order 
to  see  what  my  poor  colonists  were  doing,  but  1 could  not  stay  there  long. 
The  Govr  having  at  last  received  the  letters-patent,  called  a General 
Assembly  together,  in  order  to  present  himself.  I had,  of  course,  to  be 
there,  and  was  very  glad  to  improve  that  occasion,  and  to  apply  to  that 
new  Governor  for  what  I could  not  obtain  from  Col.  Cary.  I found, 
indeed,  the  Governor  very  willing  to  do  me  justice,  but  when  it  came  to 
measures  of  execution,  he  was  himself  so  pinched  and  straitened,  that  he 
hardly  had  enough  to  supply  his  own  wants.  I was  accordingly  com- 
pelled to  apply  to  the  Parliament  of  the  Province  to  ask  for  what  1 had 
not  been  as  yet  able  to  obtain  in  account  with  the  LL.  Proprietors, — 
what  was,  however,  the  very  foundation  of  mv  enterprise.  Disappointed 
as  I was  by  the  breaking  of  so  many  line  promises  made  formerly  to  me, 
I found  myself  in  great  perplexity,  with  all  my  people  dependent  on  me 
and  my  expense,  so  that  it  was  impossible  to  go  on  in  the  same  way  ; to 
get  new  means  of  support  from  my  own  country  would  have  taken  much 
time;  as  we  could,  however,  not  live  on  air,  I asked  the  Province  to 
assist  me  on  the  same  conditions  to  which  the  LL.  Proprietors  had 
agreed  towards  me,  and  to  provide  me  with  victuals  and  necessaries  for 
two  or  three  years  on  credit,  which  advance  money  I should  pay  back 
afterwards.  1 was  not  more  successful  with  these;  under  pretence  that 
the  civil  war  had  exhausted  them,  I was  not  complied  with,  and  obliged 
to  return  home  deprived  of  every  thing.  1 nevertheless  made  still  my 
efforts,  and  aided  the  colony  the  best  I could,  as  it  has  been  told  above. 

Hereafter  the  narration  of  the  Indian  war  takes  place. 

Motives  or  causes  of  the  Indian  llur. 

What  kindled  that  Indian  or  Savages’  war  were,  above  all,  the  sland- 
ers and  insinuations  of  a few  rioters  against  Govr  Hyde  and  against  me. 
They  made  the  savages  believe  that  I had  come  to  expel  them  from  their 
lands,  and  that  they  would  be  compelled  to  settle  much  further,  towards, 
or  even  in,  the  mountains  ; I convinced  them  that  such  was  not  my  in- 
tention, and  they  could  ascertain  it  by  the  gentleness  and  civility  of  my 


112 


1)22 


COLONIAL  RECORDS. 


behaviour  towards  them,  and  by  the  payment  which  I made  to  them  of 
the  lands  where  I had  settled  at  first,  and  where  I had  founded  the  small 
town  of  Newbern,  although  I had  already  paid  double  their  worth  to  the 
Surveyor  Lawson,  who  sold  them  to  me  as  free  of  whole  incumbrance, 
not  telling  to  me  that  there  were  Indians.  Again,  I had  made  peace  and 
alliance  with  the  King  and  his  Indian  dependents,  which  were  well  sat- 
isfied with  me;  (3)  an  important  cause  was  the  carelessness,  negligence, 
and  lack  of  precaution  of  the  Carolinian  residents;  (4)  it  was  the  rough 
treatment  of  some  turbulent  Carolinians,  who  cheated  those  Indians  in 
trading,  and  would  not  allow  them  to  hunt  near  their  plantations,  and 
under  that  pretence  took  away  from  them  their  game,  arms,  and  ammu- 
nition. There  even  was  an  Indian  killed,  which  most  incensed  them, 
and  not  unjustly. 

These  poor  Indians,  insulted  in  many  ways  by  a few  rough  Caroli- 
nians, more  barbarous  and  inhuman  than  the  Savages  themselves,  could 
not  stand  such  treatment  any  longer,  and  began  to  think  of  their  safety 
and  of  vengeance,  what  they  did  very  secretly.  Unfortunately,  believ- 
ing myself  entirely  at  peace  with  them,  I contemplated  a pleasure  trip 
up  the  river,  and  this  was  just  the  place  where  they  had  a general  appoint- 
ment to  discuss  the  matter  mentioned  above.  What  made  me  feel  all 
the  safer,  was  that,  some  10  or  14  days  before,  I had  been  lost  in  the 
woods,  as  I came  from  surveying  some  lands,  and  been  overtaken  by  night ; 
following  a path,  I suddenly  met  a party  of  Indians  which  had  moved 
from  Chattawka,  the  place  Newbern  actually  stands.  The  reader  may 
think  whether  I should  have  dared  to  present  myself  there,  had  I not 
really  lived  in  peace  with  those  Indians;  I,  however,  could  not  help 
feeling  some  secret  apprehension, — they  would  have  had  a good  occasion 
to  revenge  themselves  on  me,  if  1 had  done  them  any  harm, — but,  hap- 
pily, they  received  me  very  well.  As  I was  very  thirsty,  having  wan- 
dered all  day  through  the  woods, — fearing  that  drinking  much  water 
would  hurt  me, — they  sent  at  a sick  woman’s  house,  for  some  cider  which 
had  been  bought  for  her,  and  gave  it  to  me,  (a  great  kindness  indeed, 
coming  from  heathen  !).  The  King  made  me  a present  of  a large  piece 
of  venison,  they  had  bonfires  through  all  the  night,  and  danced  and  sung 
during  I was  alone  with  my  footman  in  the  small  tent  which  I got 
pitched  to  lie  down,  but  I could  not  sleep  on  account  of  that  noise. 
Next  morning,  the  King  gave  me  an  escort  of  two  Indians  who 
saw  me  home ; after  having  given  them  plenty  to  eat,  I made  them  a 
small  present  and  sent  to  the  King  in  return  of  his  cider  two  bottles  of 
rum,  a kind  of  brandy  made  out  of  sugar-dregs,  which  were  gladly  re- 


COLONIAL  RECORDS. 


92.°, 


ceived,  as  I have  heard  since.  This  same  King  took  a large  part  in  my 
liberation  (together  with  Divine  Assistance,  and  secondly  to  it,)  when  I 
was  made  a prisoner  and  sentenced  by  the  Indians  of  the  Upper- River. 

Fourth  cross-accident. 

How  I was  made  a prisoner  by  the  Indians,  sentenced  to  death  and 
miraculously  liberated.  What  took  place  among  the  Indians,  and  what 
I observed  during  my  confinement.  How  at  last  I returned  and  arrived 
home  at  Newbern.* 

(A  copy  of  the  relation  written  to  Mr  Edward  Hyde,  Govr  of  N. 
Carolina,  on  the  23d  of  October  1711,  concerning  my  miraculous  rescue 
from  the  Indians  or  Savages.) 

My  most  noble  and  honored  Lord  : 

I have  at  last  escaped  from  the  cruel  hands  of  this  barbarous  nation, 
the  Tuscaroras,  by  the  providence  and  miraculous  assistance  of  the 
Almighty,  and  have  arrived  at  my  small  home  in  New  Bern,  but  half 
dead.  I have  been,  indeed,  compelled  to  go  on  foot,  quite  alone,  during 
two  whole  days,  and  with  the  greatest  speed  possible,  through  the  woods 
of  Catechna,  and  was  obliged,  as  night  overtook  me,  to  halt  near  a horri- 
ble ditch,  full  of  water  and  brushwood. 

I leave  you  to  think,  sir,  the  pitiful  way  in  which  I spent  this  night, 
fearing  to  be  overtaken  by  savage  strangers,  or  torn  to  pieces  by  the  many 
bears  who  growled  all  the  night  through  around  me  and  quite  near  to  the 
place  where  I was.  Besides,  I was  quite  lame,  for  having  walked  so 
long  and  at  such  speed,  and  had  no  arms  for  my  safety,  not  even  a knife, 
nor  anything  to  strike  fire,  T was  nearly  dead  with  cold,  shivering  under 
the  north  wind  which  blew  during  the  whole  night.  At  daybreak,  when 
I attempted  to  rise  from  mv  damp  and  cold  couch,  mv  legs  were  so  stiff 
and  swollen  that  I could  not  take  one  step, — but,  as  I could  not  stay 
there,  1 had  to  walk  at  any  cost,  and  I supported  myself  on  two  sticks 
to  proceed  on  my  way. 

Arrival  at  Neicbem. 

I had  much  trouble  in  crossing  that  ditch,  what  1 achieved  by  creeping 
along  the  long  offshoot  of  a tree.  At  last,  with  much  pains,  I reached 
, my  quarters.  As  I drew  near  the  house,  and  saw  it  fortified  and  full 
with  people,  I felt  a little  better  at  heart, — indeed,  I was  afraid  to  find 

*De  Grnffenried’s  orthography  for  Newbern,  most  of  the  time,  is  the  German  form, 
New  Bern.  (Translator). 


621 


COLONIAL  RECORDS. 


everything  burnt  and  ruined  by  the  Indians,  as  well  as  the  houses  of  the 
poor  colonists,  and  expected  to  find  but  very  few  of  my  people,  since  I 
knew  only  too  much  about  the  cruel  raid  of  the  Indians  along  the  rivers 
Pamptego,  News,  and  Trent,  where,  resolved  to  lay  waste  the  whole  coun- 
try, they  burnt,  killed,  and  plundered  whomsoever  and  whatever  they 
found  in  their  way. 

When  my  good  people  saw  me  coming  from  afar,  tanned  by  exposure 
like  an  Indian,  but  on  another  hand  considered  my  figure  and  my  blue 
jerkin,  they  knew  not  what  to  think,  but,  in  their  firm  belief  that  I was 
dead,  they  rather  believed  that  1 was  an  Indian  spy  dressed  in  my  jerkin, 
coming  to  watch  something;  the  men  even  took  up  their  arms,  but  when 
1 came  nearer  walking  with  two  sticks,  and  quite  lame,  they  well  saw  by 
my  look  and  attitude  that  1 was  not  an  Indian  or  Savage.  However, 
they  did  not  know  me  at  once,  but  a few  came  in  my  direction  to  recon- 
noitre me.  When  I saw  them  so  puzzled,  I began  to  speak  to  them  from 
afar,  with  such  a weak  voice  however,  that,  in  their  surprise  they  fell 
back  a few  steps,  and  hallooed  to  the  others  to  come,  that  it  was  their 
fin'd,  whom  they  thought  to  be  dead.  And  so  all  came  in  crowds,  men, 
women,  and  children,  shouting  and  crying  out,  part  of  them  weeping, 
others  struck  dumb  with  surprise.  It  was  really  a strange  sight,  and 
this  medley  of  sadness  and  joy,  of  wailing  and  delight,  moved  myself  to 
tears. 

After  having  exchanged  a few  words  with  those  people  around  me, 
exhausted  as  I felt,  I at  last  came  home,  and  after  having  closed  the  door 
of  my  private  room,  I made  my  ardent  prayers,  giving  glory  to  the  Good 
God  for  my  miraculous  and  gracious  rescue,  which  may  well  be  held,  in 
these  times,  for  a miracle. 

The  following  day  I asked  what  had  taken  place  in  my  absence,  but  I 
heard  such  sad  news  that  I felt  nearly  broken-hearted.  The  worst  was, 
that  besides  60  or  70  Palatines  and  Swiss  who  were  slaughtered,  the 
others,  who  ran  away,  were  robbed  and  plundered,  and  part  of  those  who 
remained  left  my  house  and  the  townlet,  where,  however,  was  the  stores 
of  their  own  goods;  they  did  that  bv  the  instigation  of  one  certain  Wil- 
liam Brice,  an  ungrateful  man,  for  whom  I had  done  much  good,  and 
whom  even  the  Palatines  and  myself  had  rescued  from  the  greatest  want. 
Without  even  thinking  of  our  kind  acts,  and  in  order  to  secure  the  de- 
fence of  his  own  house  with  the  exclusion  of  others,  he  debauched  and 
led  away  from  me,  by  all  kind  of  promises  and  artful  tricks,  my  people, 
in  order  to  turn  them,  with  a few  English  residents,  into  a garrison.  So 
1 had  to  content  myself  with  a crowd  of  women  and  children,  having  not 


COLONIAL  RECORDS. 


925 


more  than  40  men  able  to  bear  arms;  all  these  people,  however,  area 
heavy  burden  for  me;  my  whole  provision  in  grains,  in  great  and  small 
cattle  has  to  be  used  in  this  sad  plight;  if  we  do  not  receive  very  soon 
the  needed  assistance,  we  have  to  die  or  to  leave  the  place  and  the  post. 

Therefore,  my  noble  and  most  honored  Lord,  we  earnestly  entreat  you 
to  supply  us  with  the  necessary  provisions  and  amunition, — and  with 
well-armed  troops,  in  order  to  drive  back  those  barbarous  ruffians;  if 
not,  the  evil  will  grow  more  and  more,  and  it  is  to  be  feared  that  the 
whole  country  might  come  to  ruin. 

It  is  surprising,  yea,  scandalous  to  see  such  coldness  and  such  lack  of 
sympathy  in  the  inhabitants  of  Albemarle  County,  who  can  look  on  with 
folded  arms,  when  a savage  and  barbarous  nation  slaughters  their  nearest 
brethren.  They  even  ought  not  to  expect  a better  fate,  inasmuch  as  they 
draw  upon  themselves  these  same  misfortunes  by  such  profound  lethargy, 
when  they  ought  to  take  more  to  heart  the  ruin  of  their  brethren  and 
their  own  danger,  it  is  not  less  surprising  to  see  so  little  energy  and 
good  order  among  the  office  holders,  your  1 1 igh  Lordships  being  excepted 
in  best  form  : I am,  indeed,  persuaded  that  your  Lordship  has  not 
failed  to  give  all  necessary  orders,  but  that  they  have  not  been  executed, 
what  is  to  be  regretted. 

Mv  most  honored  Lord, — The  above  statement  is  only  to  explain  how 
I came  home,  but,  for  my  justification,  I must  show  how  I did  fall  in 
the  hands  of  that  barbarous  nation. 

Beginning  of  my  fatal  trip  to  Catechna,  or  at  the  Indian  Nation’s,  called 

Tuscoruros: 

One  day,  as  the  weather  was  very  fine,  and  there  was  good  appearance 
that  it  would  last,  Surveyor-general  Lawson  proposed  to  me  to  go  up 
Nous’  River,  hinting  that  there  were  plenty  of  good  wild  grapes,  which 
we  eduld  gather  for  refreshing  ourselves.  This  statement  was,  however, 
not  strong  enough  to  prevail  on  me.  A few  days  afterwards,  he  came 
back,  giving  better  reasons,  lie  remarked  that  we  could  see,  in  the 
meantime,  whether  the  River  may  be  navigated  in  its  higher  course,  and 
that  a new  road  to  Virginia  might  be  laid  out  there,  the  actual  route  being 
long  and  difficult, — and  likewise  visit  the  Upper  country.  I had,  indeed, 
been  anxious  for  a long  time  to  know  and  see  by  myself  how  far  it  is 
from  here  to  the  mountains. 

I accordingly  resolved  to  take  that  trip,  and  we  took  provisions  for 
15  days;  I,  however,  asked  Mr  Lawson  whether  there  were  any  danger 
«>n  account  of  the  Indians,  especially  on  account  of  those  which  we  did 


920 


COLONIAL  RECORDS. 


not  know.  He  answered  that  there  was  no  danger  in  that  direction,  as 
he  had  already  taken  that  trip  once,  that  surely  there  were  no  savages 
living  on  that  branch  of  the  River,  that  they  used  to  be  very  far  from 
it.  But,  in  order  to  feel  all  the  safer,  we  took  with  ns  two  Indian  neigh- 
bors, which  we  knew  well,  and  to  whom  1 had  done  much  good,  with 
two  negroes  to  row.  One  of  the  Savages  knew  English,  and  we  thought 
that,  as  we  had  those  two  Indians  with  ns,  we  had  nothing  to  fear  from 
the  others.  So  we  went  peacefully  on  our  way;  it  had  not  rained  for  a 
long  time,  the  River  was  not  very  high,  and  the  current  all  the  slower 
for  it;  the  whole  day  we  went  up  the  river, — by  night  we  pitched  our 
tents  near  the  water,  and  early  in  the  morning  we  proceeded  further. 

May  your  Lordship  please  to  take  notice  that  Surveyor-General  Law- 
son  required  my  horses,  saying  that  we  could  go  through  the  woods,  to 
see  where  the  road  to  Virginia  might  be  begun  most  conveniently.  At  first 
I would  not  consent;  at  last,  he  asked  only  for  one,  which  I granted. 
One  of  the  Indians  went  on  horseback  by  land,  but  he  was  compelled  to 
cross  the  river  at  one  place,  what  was  our  misfortune,  for  he  came  to  the 
great  village  of  Cateehna  (1  do  not  know  whether  he  lost  his  way,  or  if 
he  did  that  by  treachery).  There  he  was  at  once  asked  what  he  was 
doing  there  with  that  horse,  (they  do  not  use  horses  in  those  parts);  he 
answered  that  he  was  to  bring  it  back  to  us,  and  that  we  were  going  up 
stream.  This  immediately  alarmed  the  inhabitants  of  Cateehna ; they 
crowded  together  from  the  whole  neighborhood,  kept  the  horse,  and  told 
our  Indian  that  he  ought  to  warn  us  at  once  not  to  advance  further  in  their 
country,  that  they  would  not  allow  it,  and  t^at  we  had  to  turn  back,  by 
the  orders  of  the  King  who  resided  there.  Our  Indian  accordingly  gave 
us  a signal  in  firing  his  gun,  in  order  that  we  should  stop.  We  stopped 
indeed,  after  having  also  let  off  our  gun ; it  was  already  late  when  he 
brought  this  bad  piece  of  news,  we  landed  at  the  next  spring  to  pass  the 
night,  but  we  already  met  Indians,  armed  as  if  they  had  come  from  hunt- 
ing. I said,  that  I did  not  like  the  looks  of  things  altogether,  and  that 
we  ought  to  turn  back  at  once;  but  the  Surveyor-general  laughed  at  me. 
We  had  hardly  turned  our  backs,  when  things  began  to  look  serious,  and 
laughter,  in  a twinkle,  expired  on  his  lips. 

How  we  were  arrested  by  a gamy  of  Indians. 

Such  a number  of  Indians  came  out  from  the  bushes,  some  even  swim- 
ming across  the  river,  and  overtook  us  so  suddenly,  that  it  was  impossible 
to  defend  ourselves,  for  fear  of  being  killed  on  the  spot,  or  cruelly  mis- 
treated. They,  accordingly,  took  us  prisoners,  plundered  our  things,  and 
led  us  away. 


COLONIAL  RECORDS. 


027 


We  had  already  made  a good  two  day’s  journey,  not  far  from  another 
village  called  Coerntha.  The  river  there  is  still  pretty  broad,  but  it  is 
not  deep  over  2 or  3 feet,  and  this  place  is  as  yet  very  far  from  the 
mountains. 

Arrival  at  Hencock’ s Towne  or  Cateehna. — Reception  of  Ki ny  Hencock. — 

dr  eat  Indian  Festival,  or  Assembly. 

We  had  entreated  the  savages  to  leave  us  there,  over  night,  with  a few 
guards  if  they  doubted  us,  remonstrating  that  we  could  any  how  not  go 
very  far  on  foot,  and  telling  them  that  we  should  go  the  next  day  down 
the  River,  to  see  the  King  at  Cateehna  and  justify  ourselves,  but  we 
could  not  succeed.  Such  a rare  and  considerable  capture  made  them 
proud;  indeed,  they  took  me  for  the  Governor  of  the  Province  himself; 
we  were  compelled  to  run  with  them  all  the  night  through  the  woods, 
across  thickets  and  swamps,  till  we  arrived  at  about  3 o’clock  in  the  morn- 
ing at  Cateehna  or  Hencocks-Towne,  (that  is  to  say : the  village  of  lien- 
cock),  where  the  King,  called  Hencock,  was  sitting  in  state,  with  his 
Council,  on  a kind  of  scaffold, — though  the  Heathen  or  Savages  usually 
sit  on  the  ground.  After  an  oration,  apparently  much  exaggerated,  made 
by  the  leader  or  captain  of  our  escort,  the  King  stood  up  with  his  Coun- 
cil, and  came  to  us  with  the  first  captain-of-war,  approaching  us  and 
speaking  to  us  very  civilly;  but  we  did  not  understand  their  language, 
with  exception  of  a very  few  words.  Soon  afterwards,  the  King  went 
into  his  cabin  or  den,  and  we  remained  near  the  tire,  guarded  by  7 or  8 
savages.  Towards  10  o’clock,  every  savage  came  out  of  his  den,  one 
here,  one  there,  and  they  discussed  at  length  the  question,  whether  we 
ought  to  be  bound  as  criminals  or  not.  They  concluded  negatively,  in- 
asmuch  as  we  had  not  been  heard  as  yet.  Towards  midday,  the  King 
himself  brought  us  to  eat  a kind  of  bread  made  out  of  buck-wheat, 
called  “ Dumplins,”  and  some  venison,  in  a disgusting  “cap”  ; I eat  some, 
indeed,  though  unwillingly,  but  I felt  very  hungry;  we  were  at  liberty 
to  walk  through  the  village.  Towards  evening,  there  was  a great  festi- 
val, or  an  assembly  from  all  places  of  the  neighborhood,  to  discuss  two 
matters:  (1)  How  they  would  avenge  themselves  for  the  rough  dealings 
of  a few  wicked  English  Carolinians  who  lived  near  the  Pamptego,  News, 
& Trent  Rivers;  (2)  to  feel  their  way  as  to  the  help  which  they  could 
expect  from  their  Indian  neighbors. 

[N.  B.  It  must  be  observed  that  it  was  neither  I nor  mv  colony,  who 
were  the  cause  of  that  terrible  slaughter  or  Indian  war,  as  it  may  be  seen 
at  page  [44  MSS.]. 


COLONIAL  RECORDS. 


f)2X 


In  (lie  evening,  there  came  a great  many  Indians  from  every  direction 
with  the  neighboring  Kings.  The  “Assembly  of  the  Great,”  as  they 
style  it,  (consisting  of  40  elders  siting  on  the  ground  around  a (ire  accord- 
ing to  their  custom)  took  place  at  ten  o’clock  at  night  in  a great  and  beau- 
tiful open  ground  (especially  devoted  to  great  festivals  and  executions). 
King  Hencock  presided.  There  was,  in  the  circle,  a place  set  apart  for 
us,  with  two  “ mats”  (a  kind  of  mattresses  made  with  rush),  a mark  of  great 
deference  and  honor;  we  therefore  sat  on  them,  and  on  our  left  side  our 
“speaker,”  the  Indian  who  had  come  with  us  and  who  knew  English  very 
well.  The  King  beckoned  to  the  Speaker  of  the  Assembly,  who  made  a 
long  speech  with  great  gravity,  and  it  was  ordered  that  the  youngest  of 
the  Assembly  should  represent  A:  defend,  the  interest  of  the  Council  or 
Indian  Nation,  what  he  made  indeed  in  best  form,  as  I could  observe  it; 
he  was  seated  nearest  to  our  own  speaker  and  interpreter, — the  King  put- 
ting always  the  questions,  and  then  the  jtro  and  con  were  discussed,  and 
they  consulted  over  the  matter  of  these  questions.  After  that,  they  came 
to  a conclusion. 

Our  examination  before,  the  Assembly  of  forty  Elders. — Our  liberation. 

The  first  question  was:  to  what  purpose  we  had  undertaken  that  jour- 
ney ; our  answer  was  that  we  had  come  up  the  river  for  our  recreation 
and  to  gather  grapes,  to  see  whether  the  river  would  be  fit  for  navigation, 
in  order  that  goods  could  be  brought  to  them  by  water  and  trade  carried 
on  with  them,  and  that  a friendly  intercourse  could  be  held  with  them. 
After  that,  the  King  asked  us  why  we  had  not  acquainted  him  with  our 
plan.  Then  the  question  was  of  their  general  complaint,  and  of  the  fact 
that  the  Indians  had  been  badly  abused  by  the  inhabitants  of  the  rivers 
Pamptego,  News,  & Trent,  what  could  not  be  suffered  any  more;  they 
spoke  the  name  of  the  offenders,  and  especially  of  Surveyor-general 
Lawson,  who,  being  present,  excused  himself  as  well  as  he  could  After 
having  discussed  at  length,  and  come  at  last  to  the  votes,  they  concluded 
that  we  could  be  liberated  and  the  following  day  was  appointed  for  our 
return  home. 

Second  examination. — Lawson  quarrels  with  Cortom , and  causes  our  mis- 
fortune. 

The  following  day,  it  was  some  time  before  we  could  get  our  canoe  or 
small  boat;  in  the  mean  time  some  of  the  “Great”  and  two  foreign 
Kings  came  and  were  curious  to  know  which  were  our  reasons  of  justifi- 
cation. They  caused  us  to  be  examined  a second  time  in  the  cabin  of 


COLONIAL  RECORDS. 


029 


King  Hencock,  2 miles  distant  from  the  village.  We  made  the  same 
answer  as  before.  Unfortunately,  the  King  of  the  village  Core  was  there 
and  reproached  Mr  Lawson  for  something,  and  they  begun  to  quarrel 
with  some  violence,  what  spoilt  things  entirely;  though  I made  every 
effort  to  get  Lawson  to  quit  his  quarreling,  I could  not  succeed. 

Our  examination  being  ended  at  last,  we  all  rose,  and  I walked  about 
with  Lawson,  and  upbraided  him  for  his  imprudence  in  such  delicate 
conjuncture.  All  at  once  3 or  4 of  the  “Great”  pounced  upon  us,  took 
us  violently  by  our  arms,  and  led  us  back  to  the  place  where  we  had 
been  before.  No  mats  were  spread  before  us, — they  took  our  hats  and 
periwigs  and  threw  them  into  the  fire,  after  that,  some  young  rascals 
plundered  us  anew,  and  searched  our  pockets,  what  had  not  arrived  the 
first  time,  when  they  contented  themselves  with  taking  our  heavier  lug- 
gage. 

Thus  is  the  4th  cross-accident. — Lawson  and  I are  sentenced  to  death. 

After  that,  a council  of  war  was  held,  and  we  were  sentenced  to  death, 
without  being  told  what  was  the  cause  of  such  sudden  change,  though  I 
could  nearly  guess  at  it.  We  sat  on  the  ground  through  the  whole 
night,  until  daybreak,  in  the  same  position.  We  were  then  were  led  to 
the  great  execution  ground,  a bad  sign  for  us;  I addressed  Mr  Lawson, 
reproached  him  bitterly,  and  told  him  that  his  imprudence  was  the  cause 
of  our  misfortune,  and  that  we  had  nothing  better  to  do  than  to  make 
peace  with  our  God,  what  I did  with  great  zeal. — When  we  arrived  on 
the  said  spot,  the  Council  was  already  assembled.  Before  we  entered  the 
circle,  I happened  to  see  a savage  dressed  like  a Christian,  who  knew 
English,  and  asked  him  if  he  did  not  know  the  cause  of  our  condemna- 
tion. He  reluctantly  answered  me:  “Why  Lawson  had  quarreled 
with  Cor  Tom?  That  we  had  threatened  that  we  would  avenge 
ourselves  on  the  Indians,” — upon  which  I took  that  Indian  aside,  and 
promised  him  all  1 could  think  of,  if  he  would  hear  me  and  show  my 
innocence  to  some  of  the  “Great.” 

The  Indians  hind  US  and  lay  us  on  the  ground  before  the  Indian  tribunal. 

It  was  hard  to  persuade  him,  but,  at  last,  he  listened  to  me,  and  I 
accordingly  told  him  that  1 was  very  sorry  that  Mr  Lawson  had  so  im- 
prudently quarreled  with  Cor  Tom,*  that  the  Councillors  had  seen  them- 
selves how  I had  reproached  Mr  Lawson  more  than  once,  that  I was  not 

MS.  has  it  “Cortom”,  in  this  passage.  (Translator) 

113 


COLONIAL  RECORDS. 


930 


to  be  blamed  for  that , — as  to  the  alleged  threaten ings,  “nobody  had  ever 
thought  of  them,  there  was  to  be  some  misunderstanding,  Lawson 
accusing  my  negroes  of  having  troubled  his  rest  the  first  night, — and 
T had  threatened  my  negroes  in  a loud  voice,  on  account  of  their 
impudence,”  that  no  other  word  had  been  spoken.  After  the  Indian 
had  listened  to  me,  he  left  me,  and  I repeated  my  promises.  I cannot 
say  whether  that  scoundrel  spoke  for  me  or  not,  but  a quarter  of  an  hour 
afterwards,  the  elder  “Greats”  came  back  and  took  us  to  the  execution- 
ground,  binding  our  hands  and  feet:  they  did  the  same  to  my  bigger 
negro.  Then  began  our  sad  tragedy,  which  I would  like  to  tell,  if  it 
was  not  too  long  and  dreadful, — but, — since  I begun,  I will  go  on. 

Relation  of  the  Indian  ceremonies  of  execution. — The  Barov  de  la  lion- 

tan  does  not  acknowledge  it  in  his  relation  on  Canada, — bid  other  authors 

do. 

In  the  centre  of  that  great  place,  we  were  seated  on  the  ground,  the  Sur- 
veyor-general and  myself,  bound  and  undressed,  with  bare  heads;  behind 
me,  was  the  bigger  one  of  my  negroes,  and  in  front  of  us,  a great  fire; 
near  it,  was  the  conjuror  or  High  Priest  (an  old  grizzled  Indian ; the 
priests  are  generally  magicians, — and  even  conjure  up  the  Devil);  he 
made  two  white  rounds, — whether  of  Hour  or  white  sand  I do  not 
know, — just  in  front  of  us,  there  was  a wolf’s  skin,  and  a little  further 
an  Indian  Savage  standing,  in  the  most  dreadful  and  horrible  position 
to  be  imagined ; he  did  not  move  from  the  spot,  with  a knife  in  one 
hand,  and  an  axe  in  the  other, — it  was  apparently  the  executioner.  Fur- 
ther still,  on  the  other  side  of  the  fire,  there  was  a great  mob  of  Indian 
rabble,  consisting  of  young  men,  women,  and  children,  who  danced  with 
frightful  contortions.  In  the  centre  of  the  circle  was  the  Priest  or  Con- 
juror, who  made  his  threatenings  and  exorcisms,  when  there  was  a pause 
in  the  dance;  there  were,  at  the  four  angles,  officers  armed  with  guns, 
who  stimulated  the  dancers  by  stamping  with  their  feet,  and  when  a 
dance  came  to  an  end,  they  fired  their  guns. 

In  some  part  of  the  circle,  two  Indian  savages  were  seated  on  the 
ground  and  beat  a small  drum;  they  sung  a mournful  tune,  rather  fit  to 
provoke  tears  and  anger  than  joy.  After  they  were  tired  of  dancing, 
they  all  ran  into  the  woods  with  dreadful  outcry  and  howling,  and  soon 
came  back  with  their  faces  painted  in  black,  red,  and  white.  Some  of 
them  had  their  hair  flying,  greased  all  over  and  sprinkled  with  minute 
cotton  and  small  white  feathers,  and  some  arrayed  in  all  kinds  of  furs. 
In  short,  they  were  dressed  in  such  frightful  way,  that  they  looked  rather 


COLONIAL  RECORDS. 


931 


like  a set  of  Devils  than  like  any  other  creatures;  yes  indeed,  never  was 
the  Devil  represented  with  a more  frightful  appearance  than  these  sav- 
ages running  and  dancing  as  they  came  forth  from  out  the  woods,  drew 
up  at  the  old  place  once  more,  and  danced  around  the  fire. 

Meanwhile,  two  lines  of  armed  Indians  stood  behind  us  as  guards,  and 
never  moved  from  their  post,  till  everything  was  over.  Behind  this 
guard  the  Council  of  war  sat  on  the  ground  in  a circle,  and  were  busy 
with  consultation.  Towards  evening,  the  mob  left  off  dancing,  in  order 
to  bring  wood  from  the  forest,  and  to  keep  up  the  fires  in  different  places; 
— especially,  they  made  one  far  in  the  woods,  which  lasted  all  night, 
and  so  great  that  I thought  the  all  forest  to  be  in  fire.  I leave  you  to 
think,  my  most  honored  Lord,  what  a fearful  and  sad  sight  that  was  to 
me.  I was  wholly  resolved  to  die,  and  accordingly  I offered  up  my  fer- 
vent prayers  during  the  whole  day  & night.  Alas!  I had  all  kind  of 
thoughts,  all  the  circumstances  of  my  whole  life  being  called  to  my  mind, 
in  as  far  as  I could  remember  them,  even  unto  the  least  sins.  T tried 
and  recalled  all  what  I had  read  in  the  Holy  Scripture,  the  Psalms,  and 
other  good  books, — in  short,  I prepared  myself,  the  best  I could,  to  a 
good  and  “ salutary”  death.  Yes,  the  good  God  gave  me  such  grace,  as 
to  await  death  with  great  firmness,  though  I foresaw  a terrible  execution. 
After  having  suffered  dreadful  anguish,  harder  to  bear  than  the  fear  of 
death  itself,  I nevertheless  kept  1 know  not  what  a faint  hope,  though  I 
coidd  see  no  chance  of  liberation.  As  my  past  sins  occurred  to  my 
mind,  I found,  in  the  meanwhile,  a great  consolation,  in  considering  the 
miracles  which  the  Lord  Jesus  had  made,  in  his  time,  on  the  earth.  This 
created  in  me  such  confidence  that  I addressed  forthwith  my  ardent  pray- 
ers to  my  Divine  Saviour,  not  doubting  that  He  would  grant  them,  and 
perhaps  change  these  savage  and  barbarous  hearts,  harder  than  rocks,  to 
be  more  favorably  inclined  towards  me,  so  that  by  my  strong  entreaties 
and  solicitations,  they  might  be  moved  to  pity  and  compassion  in  my 
behalf,  so  that  they  would  pardon  me, — what,  indeed,  happened  by  God’s 
miraculous  Providence. 

The  Council  of  war  delay  my  execution  and  send  delegates  to  the  Tmco- 

ruros. 

Really,  tin1  sun  was  nearly  set,  when  the  Council  assembled  once  more, 
probably  to  make  an  end  of  that  fatal,  frightful,  and  mournful  cere- 
mony ; 1 turned  round  some  little,  though  1 was  bound,  knowing  that 
one  of  them  knew  English  pretty  well,  and  I made  a short  discourse 
showing  my  innocence  and  insinuating  that,  if  they  ^vould  not  spare  me, 


932 


COLONIAL  RECORDS. 


the  great  and  powerful  Queen  of  England  would  avenge  my  blood,  as  I 
had  brought  that  colony  in  those  countries  by  her  orders,  not  to  do  them 
any  wrong  but  to  live  on  good  terms  with  them.  I further  stated  what- 
ever I thought  fit  besides,  to  induce  them  to  some  mitigation,  offering 
them  my  services,  if  I were  liberated.  After  1 had  done  speaking,  I re- 
marked that  one  of  the  notables  (who  had  seemed  already  disposed  to  do 
me  some  good, — who  had  even  brought  me  to  eat  once, — and  who  was  a 
relation  to  King  Taylor,  from  whom  I had  bought  the  land  where  New 
Bern  now  stands),  that  that  notable  spoke  earnestly,  apparently  in  my 
favour,  as  it  came  out.  Then  it  was  forthwith  resolved,  to  send  a few 
members  to  their  neighbors,  the  villages  of  the  lusearoros,  and  to  a certain 
King  Tom  Blunt,  in  high  repute  among  them. 

The  result  was  that  I was  to  live,  but  that  poor  Surveyor-General  Law- 
son  was  to  be  executed. 

Opinion  of  the  other  Indian  neighbors,  that  King  Heneock  should  liberate 

me, — but  deed  as  he  pleased  with  Lawson. 

I spent  that  whole  night  in  great  anguish,  awaiting  my  fate,  (always 
bound  in  the  same  place),  in  continuous  prayers  and  sighs.  Meanwhile 
I also  examined  mv  poor  negro,  exhorting  him  in  the  best  way  I knew, 
and  he  gave  me  more  satisfaction  than  I expected, — but  I left  Surveyor- 
General  L.  offer  his  own  prayers,  as  being  a man  of  understanding,  and 
not  overreligious.  Towards  3 or  4 in  the  morning,  the  delegates  came 
back  from  their  mission  and  brought  an  answer,  but  very  secretly.  One 
of  them  came  to  me  to  unbind  me;  not  knowing  what  this  meant,  I sub- 
mitted to  the  will  of  the  All  mighty,  rose,  and  followed  him  as  a poor 
lamb  to  the  slaughter.  Alas ! I was  much  astonished  when  the  Indians, 
a few  steps  from  the  former  place,  whispered  into  my  ear,  in  a gibberish 
intermingled  with  English,  that  I had  nothing  to  fear,  that  they  would 
not  kill  me,  but  that  Lawson  would  die,  what  affected  me  much.  About 
twenty  steps  away  from  the  place  where  I had  been  bound,  the  Indian 
led  me  to  the  cabins  or  dens,  but  I had  no  appetite.  All  at  once,  came 
quite  a crowd  of  Indians  around  me,  and  did  unanimously  show  much 
pleasure  at  my  liberation.  This  very  same  man  brought  me  back  to  the 
old  place,  but  a little  further,  where  the  Council  was  assembled,  and  they 
congratulated  me  in  their  way,  and  smiled  at  me. 

I was  however  forbidden  to  speak  the  least  word  to  Mr  Lawson,  and 
to  have  any  intercourse  with  him.  They  also  liberated  my  negro,  but  I 
never  saw  him  since  then.  Poor  Lawson  being  always  left  in  the  same 
place,  I could  understand  that  all  was  over  for  him,  and  that  he  would 


COLONIAL  RECORDS. 


933 


not  be  pardoned;  he  took  accordingly  leave  from  me,  and  told  me  to  say 
farewell,  in  his  name,  to  his  friends.  Alas ! It  grieved  me  much  to  see 
him  in  such  danger,  not  to  be  able  to  speak  with  him,  nor  to  give  him 
any  consolation;  so  I tried  to  show  him  my  compassion  by  a few  signs. 

Some  time  afterwards,  the  man  who  had  spoken  in  my  favor  to  the 
Council,  took  me  by  the  hand  and  led  me  to  his  cabin,  where  I was  to 
keep  (piiet  awaiting  new  orders. 

Execution  of  Surveyor- General  Lawson. 

In  the  meanwhile,  they  executed  that  unfortunate  Lawson;  as  to  his 
death,  I know  nothing  certain;  some  Indians  told  me,  that  he  was  threat- 
ened to  have  his  throat  cut,  with  the  razor  which  was  found  in  his  pocket, — 
what  also  acknowledged  the  small  negro,  who  was  not  executed, — but  some 
said  he  was  hung,  some  said  he  was  burnt.  The  Indians  kept  that  exe- 
cution very  secret.  God  have  mercy  upon  the  poor  soul ! 

The  Indians  assert  that  they  are  going  to  war  against  the  Carolinians. — 
The  Indians,  though  they  had  liberated  me,  do  not  yet  allow  my  returning 
home. 

The  day  after  Surveyor-General  Lawson’s  execution,  the  notables  of 
the  village  came  to  me,  making  me  acquainted  with  their  design  to  make 
war  in  North  Carolina,  and  that  they  were  especially  embittered  against 
the  people  on  the  Rivers  Pamptego,  New,  Trent,  and  Cor  sound,  and  that 
they  had  accordingly  good  reasons  not  to  let  me  go,  till  they  would  have 
ended  their  expeditions.  What  was  I to  do?  I had  to  take  patience, 
and  reasoning  was  of  no  avail.  It  was  a painful  position,  to  hear  such 
bad  news  and  to  see  myself  unable  to  help  these  poor  people,  or  even  to 
give  them  the  least  warning.  True,  they  promised  me  that  no  harm 
would  be  done  to  Chattooeka  (the  old  name  of  the  town  of  Newborn), 
but  that  all  people  of  the  Colony  ought  to  go  into  the  town,  if  not,  they 
could  not  answer  for  the  evil  which  could  happen, — good  words  enough, — 
but  how  was  1 to  let  it  know  to  these  poor  people,  since  not  one  of  the 
Indians  was  willing  to  carry  them  a message?  Accordingly,  I could  but 
submit  the  whole  to  the  Divine  Will. 

The  Indians  come  back  with  their  booty,  and  bring  Carolinian  prisoners. 

Those  who  began  that  robbery  and  plunder  were  500  men  strong,  well 
armed.  They  consisted  in  gangs  from  different  places,  one  part  were 
Tuseoruros  (however,  the  most  important  villages  of  that  nation  did  not 
take  part  in  the  affair),  the  others  were  Marmusekits  from  the  rivers 


934 


COLONIAL  RECORDS. 


Rory,  Wetock,  Pamptego,  News,  Trent,  and  Cor  Indians.  They  went 
in  small  platoons,  plundering  & killing  the  poor  people  of  Pamptego, 
News,  and  Trent. 

A few  days  afterwards,  the  robbers  came  back  with  their  booty.  Alas! 
What  a sad  sight  for  me,  to  see  the  women  and  children  prisoners!  It 
nearly  rent  my  heart.  1 could  well  speak  with  them,  but  with  much 
precaution ; the  first  came  from  Pamptego,  the  others  from  News  Trent. 
The  very  Indian  with  whom  I lodged  happened  to  bring  with  him  the 
young  boy  of  one  of  my  tenants,  and  much  clothing  and  furniture  which 
I well  knew.  Alas!  What  was  not  my  apprehension,  in  seeing  those 
spoils,  that  my  whole  colony  was  ruined, — especially  when  I privately 
asked  that  young  boy  about  what  had  happened.  He  cried  bitterly,  and 
told  me  how  that  same  Indian  with  whom  we  were  lodging  had  killed 
his  father,  mother,  and  brother,  yes,  the  whole  family ! Nevertheless,  1 
did  not  dare  to  look  as  if  it  affected  me.  1 had  to  remain,  for  six  weeks, 
a prisoner  in  that  hateful  place,  Catechna,  always  in  fear  of  unutterable 
dangers  and  sorrows.  Many  events  took  place  during  that  time;  I was 
once  much  perplexed:  all  men  had  gone  to  that  plundering-expedition, 
the  women  were  all  gone,  also,  out  of  the  village,  in  order  to  gather  wild 
cherries,  others  went  to  dig  some  kind  of  roots,  called  “ Potatos ”,  which 
are  yellow,  very  good  and  dainty.  On  that  day,  I was  all  alone  by  my- 
self in  that  village.  I struggled  hard  to  decide  whether  I should  take 
flight  and  return  home,  or  not,  I had  a long  struggle  about  it;  in  that 
doubt  I thought  it  best  to  pray  for  my  God’s  help,  in  order  that  He 
would  impress  upon  my  mind  what  I was  to  do  in  such  delicate  and 
dangerous  conjuncture.  I accordingly  said  my  prayers,  and  then  exam- 
ined the  pro  & con,  and  found  at  last  that  the  best  I could  do  was  to  stay 
there, — confident  as  1 was  that  He,  who  had  drawn  me  out  from  the  first 
danger  would  assist  me  further.  Indeed,  if  only  one  Indian  had  met  or 
see  me,  I should  have  been  a dead  man,  and  no  mercy  could  have  been 
expected ; besides,  they  would  have  been  so  incensed  that  they  would  have 
gone  to  the  town  before  my  coming  home,  (as  I did  not  know  the  way 
very  well),  and  would  have  taken,  plundered,  burnt  and  killed  everything 
and  everybody.  Experience,  since,  has  shown  that  I made  a wise  choice. 

Aft  er  these  heathen  had  done  with  the  greatest  part  of  their  barbarous 
expedition,  they  came  home  and  rested  for  some  time.  I looked  for  a 
favorable  occasion,  when  I could  meet  the  leading  men  of  the  village  in 
good  humour,  to  ask  them  whether  I could  not  soon  return  home.  In 
order  to  impress  them  favorably,  I proposed  we  should  conclude  a pri- 
vate peace,  and  promised,  at  the  same  time,  to  every  one  of  the  “Greats” 


COLONIAL  RECORDS. 


935 


of  the  ten  villages  a jerkin  made  of  some  cloth,  and  something  more  for 
my  ransom  to  the  King,  2 bottles  of  powder,  500  grains  of  small  shot,  2 
bottles  of  rum,  which  is  a brandy  distilled  from  sugar-dregs.  The  I ndians 
wanted  much  more,  as,  for  instance,  some  guns,  more  powder  and  lead  or 
small  shot,  but  I remonstrated  to  them  that  those  things  were  contra- 
band, and  that  it  was  forbidden,  under  pain  of  death,  to  sell  or  give  such 
goods  to  the  enemy, — that  I was  at  least  to  remain  neutral,  and  to  assist 
neither  one  side  nor  the  other;  if  not  we  could  not  conclude  a serious 
peace.  They  finally  yielded  to  these  reasons  and  others,  and  we  accord- 
ingly agreed,  as  may  be  seen  by  the  treaty  of  peace  concluded  with  those 
Indians. 

Baron  of  Bernberg  and  Landgrave  of  Carolina. 

Treaty  of  Peace  between  De  Graffenried  and  the  Indians 
of  the  Nation  of  Tuscorurok  and  their  Neighbors. 

Be  it  known  to  all  men  by  these  presents,  that  in  the  month  of  October, 
1711,  has  been  agreed  Between  the  Baron  and  Landgrave  de  Graffenriedt, 
Governor  of  the  German  Colony  of  North  Carolina,  and  the  Indians  of 
the  Nation  of  Tuscoruros  with  their  neighbors  from  Core,  Wilkinson’s 
Point,  King  Taylor,  those  of  Pamptego  and  others  from  that  country,  as 
follows : 

(1)  That  both  parties  will  let  bygones  be  bygones  and  be  good  friends 

in  the  future; 

(2)  The  undersigned,  Governor  of  the  German  Colony,  must  be  abso- 
lutely neutral  in  time  of  war  between  the  English  and  the  Indians. 

Item:  He  will  keep  quiet  in  his  house  and  town  and  let  pass  neither 
the  English  nor  the  Indians,  and  do  no  harm  to  the  Indians,  as  well  as 
these  will  not  harm  the  others.  In  eventual  misunderstanding  between 
the  ones  and  the  others,  they  shall  not  avenge  themselves,  but  complain 
reciprocally  to  the  magistrates  about  that  question. 

(3)  The  said  Governor  of  the  German  Colony  promises  to  remain 
within  his  limits  and  to  take  no  more  lands  from  them  without  due 
warning  to  the  King  and  his  nation. 

(4)  Item,  he  promises  to  procure  a cessation  of  hostilities  for  fifteen 
days,  so  that  fit  and  able  persons  may  be  selected  and  appointed  to  pro- 
pose good  and  reasonable  terms  of  peace,  which,  if  possible,  be  accepta- 
ble to  both  parties, — and  in  order  that  this  negotiation  be  not  inter- 
rupted. 

(5)  The  Indians  are  allowed  to  hunt  wherever  they  please,  unmolested, 
except  that  they  shall  not  enter  our  plantations,  for  fear  they  should  scare 
away  the  cattle,  and  on  account  of  the  danger  of  fire. 


COLONIAL  RECORDS. 


(6)  Merchandise  and  provisions  have  to  he  sold  to  the  Indians  at  a 
reasonable  price;  besides,  it  is  agreed  that  no  harm  will  be  done  to  our 
houses,  which  shall  bear  the  sign  below  marked  on  their  door. 

The  conditions  and  clauses  above  shall  be  exactly  kept,  to  testify  which 
both  parties  sign  hereunto  with  their  usual  signatures. 

Instead  of  seal,  N.  De  Graffenried.  Governor  of 
the  mark  of  News  the  German  Colony. 

Instead  of  seal  Tuscoruros’  Indians  and 

their  usual  mark  J* ' their  neighbors. 

But  after  we  had  entirely  agreed,  however,  these  distrustful  savages 
would  not  let  me  go  home  without  having  sure  & certain  securities. 
They  wanted  me  to  send  my  little  negro  to  Newbern,  in  order  that  all  I 
promised  should  be  brought  to  Catechna;  however,  not  one  Indian  was 
found  to  go  with  him,  though  I offered  to  draw  up  a pass.  I told  them 
that  not  one  of  my  people  who  had  remained  would  come  up  the  river, 
frightened  as  they  were  by  the  recent  murders,  and  that  my  negro  could 
not  pull  a loaded  boat  up  the  river,  all  alone  by  liimself.  As  we  could 
not  agree,  I left  it  to  decide  to  the  Indian  with  whom  I was  lodged,  and 
he  settled  the  matter  in  a way  which  satisfied  them  as  well  as  me. 

The  Governor  of  Virginia  sank  to  liberate  me  from  captivity. 

On  the  very  day  on  which  I intended  to  send  my  negro  to  Newbern  with  a 
letter  directed  to  the  person  to  whom  I had  entrusted  the  care  of  my  house, 
in  order  that  he  should  bring  halfway  the  said  ransom,  for  every  party’s 
security,  some  strange  Indians  came,  with  a horse,  sent  by  the  Governor 
of  Virginia,  and  bringing  a letter  or  injunction,  the  copy  of  which  fol- 
lows : 

Injunction  of  the  Gov'  of  Virginia,  translated  from  the  English  orig- 
inal : 

We,  Alexander  Spotswood,  Lieutenant  Governor  Commanding  the  Col- 
onies & Province  of  Virginia  as  in  the  name  of  Her  Britanic  Majesty. 

To  the  Indian  Nation  who  hold  Jhe  Baron  de  Graffenried  prisoner. 

Having  been  informed  that  the  Baron  de  Graffenried  Governor  & head 
of  the  German  Colonies  in  North  Carolina  is  a prisoner  among  you, 
We  intimate  and  command  you  in  the  name  of  the  Queen  of  Great 
Britain,  whose  subject  he  is,  that  at  sight  of  this  order  you  liberate  him 
and  send  him  to  our  Government.  And  we  let  you  know  by  these  pres- 
ents that  if  you  kill  him  or  do  him  any  violence  or  harm  whatever,  We 
shall  avenge  his  blood,  and  spare  neither  men,  nor  women  or  children 

Given  under  our  great  seal,  October  8,  1711. 


A.  SPOTSWOOD. 


COLONIAL  RECORDS. 


937 


Nobody  but  I could  read  that  letter;  it  was  rather  stiff,  and  I did  not 
know  what  countenance  I had  to  assume.  At  last,  I thought  that  the 
messengers  knew  anyway  its  substance,  so  I read  it  to  the  notables  of 
the  village.  After  I was  through,  I observed  something  in  their  mien 
that  did  not  please  me.  I told  them  the  substance  of  it.  They  then 
held  a Council,  and  it  was  resolved  to  let  me  go  to  that  village  of  the 
Tuscororos,  where  was  the  Indian  trader  from  Virginia,  who  had  been 
in  the.village  some  time  before  when  Mr  Lawson  was  executed,  then  went 
back  and  related  our  sad  adventure  to  the  Governor,  when  that  generous 
Lord,  Mr  Spotswood,  immediately  sent  back  that  Virginia  trader  (who 
traded  with  the  Indians,  understood  and  spoke  their  language  well)  with 
the  letter  above,  to  the  Tuscaroroes. 

My  excursion  to  those  Indians,  at  Tasqui,  where  loas  the  Virginian  mer- 
chant, by  orders  of  the  Governor. 

The  Governor  himself  went  to  the  first  Indian  village,  called  Rato- 
way, and  stayed  there  with  a strong  escort,  giving  orders  to  the  neigh- 
boring militia  to  hold  themselves  ready  for  immediate  action  in  case  that 
no  good  answer  would  be  received.  Accordingly,  early  in  the  morning, 
I started  on  horseback  with  the  Indian  messengers  and  4 of  the  notables 
of  Catechna,  who  accompanied  me  to  the  most  important  village,  called 
Paski;  they  walked  as  quick  as  I rode  on  my  horse,  and  we  arrived  in 
the  evening  at  twilight.  There  was  found  a trader  from  Virginia. 
That  village  was  fortified  with  palisades,  and  the  houses  or  cabins 
were  neatly  made  out  of  tree  bark,  they  stood  in  a circle,  and  in  the 
midst  of  them  was  a beautiful  round  place,  in  its  centre  a big  fire, 
and  around  it  the  Council  sitting  on  the  ground,  that  is  the  leaders 
of  the  Tuscoruros’  nation.  Places  were  left  for  the  merchant  already 
mentioned,  for  me  and  for  the  Indians  who  came  with  me;  after  I had 
greeted  that  Gentleman,  we  seated  ourselves. 

Meanwhile,  I already  secretly  rejoiced,  in  the  hope  of  being  able  to 
go  to  Ratoway  (where  the  Govr  of  Virginia  expected  me)  and  to  be  at 
last  free  to  get  away  from  the  savages,  but,  alas ! 1 was  not  yet  to  suc- 
ceed. 

Assembly  of  Tasqui  on  my  behalf;  they  acknowledge  that  I ought  to  be 
liberated. 

The  speaker  of  the  Assembly  began  a great  oration,  and  asked  the  4 
Indians  who  had  come  with  me  what  was  the  cause  of  my  detention  and 
my  crime.  After  the  Indian  delegates  had  been  heard,  and  I was  recog- 


114 


COLONIAL  RECORDS. 


038 


nized  as  innocent,  it  was  concluded  that  the  Govr  of  Virginia  was  to  he 
complied  with  and  that  satisfaction  should  he  given  him,  and  it  was  set 
forth  what  dangers  could  ensue  in  case  of  a refusal. 

The  merchant  of  Virginia,  as  being  our  interpreter,  spoke  for  me  the 
best  he  could,  but  the  7 Indian  delegates  from  Catechna  would  not  yield 
to  this.* ** 

My  return  to  Catechna. 

They  feared  to  lose  their  ransom,  though  the  merchant  from  Virginia 
offered  security  tor  it;  their  pretext  was  that  they  dared  to  do  nothing 
without  the  consent  of  the  others  and  of  the  King.  They  promised, 
however,  to  let  me  go  as  soon  as  the  King  & Council  would  have  assem- 
bled, but  they  insisted  upon  keeping  my  negro  as  a security,  until  the 
ransom  would  be  paid.  On  the  following  day,  quite  disappointed,  and 
in  terrible  perplexity,  I took  leave  from  the  Virginian  merchant,  who 
felt  very  sorry  about  the  harsh  behaviour  of  these  Savages,  and  I returned 
in  a very  sad  mood.  When  we  drew  near  to  Hencock  Towne  or  Catechna, 
at  a distance  of  about  3 or  4 miles  from  it,  we  heard  much  shouting,  and 
I saw  some  Indians  coming  forth,  here  and  there,  from  out  the  bushes, 
what  seemed  to  me  a bad  foreboding  and  frightened  me,  not  without 
reason,  the  more  so  that  they  ran  to  me,  quite  out  of  breath  and  dismayed, 
saying  that  the  English  and  Palatines  were  quite  near;  they  mimicked 
the  Palatines  in  their  gestures,  with  an  angry  countenance,  uttering  the 
words:  “Ta,*Ta,”*  and  giving  me  thereby  to  understand  that  my 
people  appeared  to  be  also  against  them,  among  their  enemies.  They 
led  me,  through  a roundabout  way,  across  an  ugly  ditch,  from  where  I 
saw  a fire  from  afar.  I was  much  frightened,  and  did  not  doubt  but 
that  I was  going  to  be  burnt  on  that  inflamed  wood-pile,  or  to  be  secretly 
slaughtered  in  that  terrible  desert.  After  I had  said  my  prayers  I 
studied  how  I could  make  them  believe  that  the  Palatines  had  not  joined 
with  the  English  ; I explained  to  them  that  these  words:  “ja,  ja,”  were 
not  German,  but  that  it  was  a corrupt  English : “aye,  aye,”  which  means 
in  English:  “yes”  and  in  French:  “oui.”  I kept  them  in  that  belief 

* It  may  be  observed  that  the  number  of  delegates  is  given  now  as  4,  now  as  7,  and 
in  the  first  instance  (page  79  MSS.)  as  4.  It  was  thought  best,  for  fear  of  incorrectness,  to 
follow  exactly  the  version  given  by  the  copy  of  the  MSS.,  whenever  such  differences 
exist.  In  the  same  way,  the  village  where  the  events  above  took  place,  is  called  Pasqui 
in  the  main  text,  but  Tasqui  in  the  margin, — and  the  Tnscaroras,  nearly  always  Tus- 
coruros.  (Translator.) 

** German  “jor,  jor”:  yes,  yes.  (Translator.) 


COLONIAL  RECORDS. 


939 


the  best  I could  ; when  we  arrived  to  the  place  where  was  the  fire,  I was 
surprised  to  see  the  whole  populace  of  Catechna  where  I had  been  a 
prisoner  with  their  movables  and  some  provisions. 

Place  where,  on  my  return  to  Catechna,  I found  all  the  women  ci • children 

entrenched  for  safety’s  sake. 

Though  in  the  midst  of  a dreadful  desert,  surrounded  with  thickets, 
thorns,  and  swamps,  there  was  a fine  wheat-field,  with  an  Indian  cabin, 
and  the  place  was  surrounded  with  a deep  river,  which  made  a small 
island  of  the  whole,  so  that  nature  had  built  there  a small  fort  well  nigh 
impregnable.  All  that  populace  mentioned  above  consisted  in  infirm  old 
men,  women,  children,  and  other  young  people  unable  to  bear  arms. 
Being  myself  in  great  fear,  J did  not  fail  to  comfort  them  the  best  I could 
in  order  to  be  welcome  and  to  keep  them  on  my  side,  assuring  them  that 
nothing  would  happen  to  them  as  long  as  I should  be  with  them.  I also 
told  the  warriors  who  had  come  to  cheer  them,  that  they  ought  to  let  me 
go  with  them,  that  1 should  do  my  best  to  persuade  the  English  to  con- 
clude peace,  but  they  would  not  consent. 

Retreat  of  the  Carolinians,  unable  to  resist  the  Indian  forces. 

On  the  next  day,  the  neighboring  Indians,  numbering  300  armed 
rogues,  came  and  gathered  together  and  went  for  the  Christians  who  were 
only  GO  in  number,  and  not  further  from  our  village  than  -4  miles,  (a 
distance  of  1 lieue  and  |).  The  Palatines,  who  had  no  experience  in 
Indian  warfare,  were  nearly  all  wounded  and  an  Englishman  killed. 
Seeing  that  the  Indians  were  too  strong,  they  took  flight  and  went  home; 
the  Indians  went  after  them,  but  without  doing  them  much  harm;  they 
only  caught  some  little  booty.  The  savages  returned  to  Catechna  with 
some  horses,  victuals,  hats,  boots,  and  a few  jerkins.  When  1 saw  all 
that,  especially  a pair  of  very  nice  half-boots  lined  with  silver,  knowing 
that  no  one  else  had  such  ones,  I knew  them  at  once  to  be  mine,  and  was 
surprised  and  frightened,  thinking  that  they  had  plundered  my  house  and 
the  store, — but  there  was  no  harm  done, — the  reason  why  there  were  some 
of  my  things  among  that  booty,  was:  that  my  people  used  them  for  that 
expedition. 

The  Indians  come  hack  in  triumph  with  the  booty  and  Christian  prisoners. 

So,  these  savage  soldiers,  or  rather  robbers,  returned  home  in  great 
glory  & triumph,  and  we  all  came  out  from  that  secluded  place,  and  went 
back  to  our  old  quarters,  viz.  to  Catechna. 


1)40 


COLONIAL  RECORDS. 


/ 

Triumplud  c eremouies. 

During  a certain  time,  tliey  burnt  bonfires  in  (lie  night, — especially, 
they  built  a big  one  in  tin;  great  place  of  executions,  where  they  raised 
three  wolf’s  hides,  figuring  as  many  Protectors  or  Gods,  and  the  women 
brought  offerings,  consisting  in  their  jewels,  for  instance  necklaces  of 
wampon,  which  are  a kind  of  coral,  made  out  of  white,  violet,  and  golden 
colored  shells,  previously  burnt.  There  was,  in  the  midst  of  that  circle, 
the  Conjuror,  T mean  their  priest,  who  made  all  kind  of  contortions, 
conjurations,  and  threatcnings,  and  all  the  remaining  populace  danced  in 
a circle  around  the  hides. 

My  entire,  liberation  and  departure  from  Cateehna. 

After  that  Indian  festival  was  over,  I began  to  become  impatient,  and 
asked  some  of  the  “great,”  if  they  would  not  let  me  go  home,  since  they 
had  won  the  victory.  One  of  them  smiled  and  answered  me,  that  they 
would  see  what  they  would  do,  that  they  would  call  together  the  King 
and  his  Council.  Two  days  later,  they  brought  me  a horse,  early  in  the 
morning,  two  notables  escorted  me  for  a distance  of  two  leagues 
from  Cateehna,  gave  me  there  a piece  of  Indian  bread,  and  left  me. 
When  I saw  that  I had  a long  way  to  make,  I begged  them  to  leave  me 
the  horse,  that  I should  certainly  send  it  back,  or  that  they  would  come 
somewhat  further  with  me,  and  nearer  to  my  quarters,  but  I could  not 
obtain  either  from  them. 

They  remained  at  the  place  where  I left  them,  and  built  a big  fire,  and 
warned  me  that  there  were  some  foreign  Indians  in  the  forest,  that  I 
should  hasten  and  go  very  speedily,  that  I should  even  run  as  fast  as  I 
could  for  a couple  of  hours.  Indeed,  I did  so  until  night  overtook  me, 
and  I came  to  that  dreadful  desert  through  which  I could  not  go  in  the 
darkness,  and  which  is  mentioned  at  the  beginning  of  this  relation  or 
letter. 

I have  already  related  the  remainder  of  my  voyage  to  the  Governor; 
it  is  time  to  finish. 

Ist  How  this  Indian  war  began  and  how  it  ended;  2'1  Which  were 
the  motives  that  moved  me  and  compelled  me  to  leave  my  colony  and  to 
go  to  Europe  and  to  Bern. 

Cross-accident — 5th  mishap.  Plot  of  a gang  of  tramps  and  turbulent  ras- 
cals from  Carolina. 

What  happened  to  me,  on  my  return,  among  Christians,  was  well  as 
dangerous  and  vexatious  as  what  I experienced  among  the  Indians  or 


COLONIAL  RECORDS. 


941 


Savages.  Before  the  heathen’s  tribunal,  I had  my  accuser  unmasked ; 
every  thing  was  done  in  good  order,  nothing  in  a clandestine  way,  nor 
turbulently  or  seditiously,  but  when,  on  my  return,  I thought  of  finding 
myself  among  Christian  friends,  and  of  breathing  at  last  some  little, — it 
was  much  worse! 

A gang  of  rioters,  jealous  louts,  and  turbulent  knaves,  Carolinian  res- 
idents, because  I would  not  at  once  espouse  their  hasty  and  cruel  feelings 
(as  they  pretended  that  I was  to  deliver  up  at  their  discretion,  or  kill  an 
Indian  who  came,  according  to  the  agreement  made  with  the  Tuscoruros 
Ind.,  to  ask  from  me  the  promised  ransom,  and  to  whom  I had  promised 
a safe-conduct,)  made  unjust  and  serious  imputations  against  me,  after  a 
secret  information  made  against  me,  which  created  much  sensation,  speak- 
ing no  less  than  to  have  me  hung, — though  I had  strong  reasons  not  to 
side  with  them  and  make  war  so  inconsiderately  against  the  Indians; 
this  was  all  the  more  the  case,  that  we  had  neither  provisions  in  food  nor 
ammunition,  nor  enough  men  either, — and  that  half  the  Palatines  had 
deserted  during  my  absence, — and  that,  most  important  of  all,  15  pala- 
tine prisoners  were  to  be  handed  over  to  me  after  my  ransom  would  be 
paid.  Was  I not  right  to  think  of  the  liberation  of  these  poor  people? 
and  I was,  of  course,  to  beware:  (1)  of  breaking  my  promise  and  agree- 
ment, as  made  to  and  with  the  Indians,  and  (2)  to  risk  those  poor  pris- 
oners, in  order  to  comply  with  giddy-heads  who  did  not  know  what  they 
were  about. 

False  accusation  by  a Palatine  blacksmith  against  vie. 

I had  accordingly,  in  order  to  justify  myself,  to  appear  again  before  a 
Tribunal,  a Christian  one,  but  which  would  have  been  worse  than  hea- 
thenish, if  things  had  gone  according  to  the  wishes  and  conspiration  of 
these  enraged  and  seditious  knaves.  All  that  was  plotted  against  me 
with  the  very  blackest  perfidy  by  the  agency  of  a Palatine,  a wicked  man 
and  a blacksmith  bv  trade,  who  betrayed  me  as  is  stated  below,  to  avenge 
himself  of  a punishment  inflicted,  and  a very  moderate  one  it  was,  for 
having  made  dreadful  imprecations,  committed  thefts,  been  insubordinate, 
and  spoken  horrid  threatenings,  even  of  murder. 

The  Palatine  blacksmith  mentioned  above  goes  to  the  Lillians  and  slanders 

me  in  order  to  estrange  them  towards  me. 

That  man,  immediately  after  lie  had  gone  through  his  penalty,  which, 
far  from  equal  to  his  crime,  consisted  only  in  sawing  logs  for  public  ser- 
vice, during  one  day, — crossed  the  river  and  met  I ndians,  whose  suspi- 


942 


COLONIAL  RECORDS. 


cions  lie  raised  against  me,  telling  them  I did  not  hold  what  1 had  prom- 
ised to  them,  (the  Indians),  that  1 wheedled  and  deceived  them,  that,  in- 
stead of  keeping  peace  and  remaining  strictly  neutral,  I sided  with  the' 
English,  and  even  provided  them  with  arms  and  ammunition.  The  In- 
dians or  savages,  who  could  hardly  believe  in  such  perfidy  from  me,  and 
doubted  the  reports  of  that  scoundrel,  risked  one  of  them,  and  sent  him 
to  us,  though  with  some  fear  of  his  being  captured.  Thereupon  some- 
thing ludicrous  happened:  That  Indian,  having  crossed  to  this  side, 
watched  his  opportunity  to  speak  to  some  one  of  mv  people  to  inquire 
about  the  truth  of  those  facts;  but  when  he  wanted  to  draw  near  one  of 
my  men,  this  one  was  so  much  afraid  that  he  came,  quite  out  of  breath, 
and  spread  the  alarm  in  my  quarters,  telling  me  how  he  had  seen  an  In- 
dian who  seemed  anxious  to  draw  near,  how  probably  the  others  were  not 
far.  It  really  alarmed  me,  and  1 drew  up  my  men  into  position.  Mean- 
while, it  struck  me  that  the  Indians,  impatient  to  get  their  ransom  might 
have  sent  some  one  to  see  how  things  went  on.  I accordingly  ordered 
that  same  man  who  had  been  so  much  frightened  to  go  to  the  same  place 
where  he  had  been  first, — and  that  1 should  post  men  to  defend  him  in 
ease  of  danger,  what  was  soon  done.  The  Indian  did  not  fail  to  show 
himself,  and,  approaching,  made  signs  to  him,  that  he  had  nothing  to 
fear,  and  my  man  made  the  same  signs;  finally  they  drew  near  to  each 
other,  and  conferred  together.  (N.  B.  The  Indian  spoke  English).  They 
came  to  speak  about  what  the  blacksmith  had  told  on  me;  the  Indian 
never  told  his  name,  but  he  spoke  of  him  in  a way  that  it  was  easy 
enough  to  guess.  Our  man,  who  had  instructions,  explained  that  they 
had  been  told  lies,  that  it  was  a dishonest  man  who  made  such  sinister 
report,  that  nothing  was  less  true,  that  I kept  a strict  neutrality,  though 
the  English  were  not  pleased  with  me  precisely  on  that  account;  he  added 
“that  the  Indians  ought  to  bring  back  the  palatine  prisoners,  if  they 
wanted  to  have  their  ransom,”  and  several  other  things  which  I had  or- 
dered him  to  say.  He  told  him  also,  that  in  future  none  of  them  ought 
to  come  so  near  ns,  that  if  they  had  something  to  say,  they  ought  to  light 
a big  fire  right  opposite  to  our  quarters,  and  that  I should  then  send  some- 
body in  a boat  to  speak  with  them, — that  the  interview  was  to  take  place 
on  the  water, — and  that  accordingly  they  ought  to  come  in  a boat  also, 
and  not  more  than  2 persons  in  it  at  once. 

The  aforesaid  blacksmith  e/oes  to  the  Carolinian  rioters,  and  slanders  me  in 

the  same  way  as  with  the  Indians. 

As  I had  discovered  that  treachery  and  intended  to  arrest  secretly  the 
fellow  to  punish  him  as  he  deserved  it,  but  he  had  some  inkling  of  it  and 


COLONIAL  RECORDS. 


943 


ran  away  to  a man  called  Brice,  who  was  commander  of  that  seditious 
gang  which  gave  me  much  trouble,  as  will  be  stated  below,  the  same  who 
already  had  debauched  one-half  of  my  Palatines.  When  the  blacksmith 
above  mentioned  got  there  lie  told  these  Carolinian  prowlers  the  same  he 
had  said  to  the  Indians,  and  more,  against  me,  and  went  so  far  as  to  make 
me  pass  for  a traitor  to  the  Nation.  They  made  a list  of  more  than  20 
articles  against  me,  of  which  not  one  was  true.  Looking  towards  that 
criminal  indictment  without  the  least  apprehension,  and  with  an  entirely 
good  conscience,  I wrote  to  the  Governors  of  Virginia  and  Carolina,  and 
made  them  exactly  knowing  of  all  what  happened.  Far  from  blaming 
me,  they  approved  the  course  J had  taken,  as  well  as  all  other  persons  of 
good  sense. 

Plot  of  the  man  called  Brice,  with  his  yang  of  prowlers  against  me. — Dis- 
closed by  a small  Palatine  boy. — Brice  and  his  armed  adherents  come  to 
fall  unexpectedly  upon  me,  but  find  me  in  good  preparation  for  defence. 
As  that  traitor,  the  blacksmith,  known  as  a criminal  by  me  and  my 
colony,  owed  much  to  me,  I had  an  inventory  drawn  up  of  what  few 
things  he  had,  and  had  these  safely  [nit  in  hands  of  a third  person ; the 
aforesaid  Brice,  who  would  have  liked  much  to  have  his  tools,  especially 
the  ones  which  could  be  used  to  repair  guns,  (for  the  rascal  was  pretty 
smart,  and  knew  some  more  than  only  shoeing  horses  and  making  rough 
work),  tried  to  get  possession  of  these  tools  by  an  artful  trick,  and  it'  he 
could  not  in  this  way,  then  by  force.  In  the  meanwhile  Brice  would 
have  been  glad  to  take  me  by  surprise  and  to  arrest  me,  in  order  to 
bring  me  as  a criminal,  charged  with  high  treason,  to  Govr  Hyde.  In 
order  to  execute  such  a cowardly,  black,  and  seditious  plan,  Brice  con- 
certed with  his  light-headed  gang,  how  they  would  undertake  their  wicked 
design,  and  the  conclusion  was  that  if  I would  not  surrender  the  tools, 
under  their  pretence  that  they  were  needed  for  the  defence  and  service  of 
the  Province,  they  would  get  violently  possession  of  them,  and  that,  as 
probably  I should  turn  fierce  about  it,  then  they  would  arrest  me  as  a 
prisoner  to  bring  me  to  the  Governor. 

Most  luckily,  a little  Palatine  boy  was  in  the  room  when  they  laid  that 
black  plot  against  me;  they  paid  no  attention  to  him,  believing  that  he 
did  not  understand  English.  But  he,  having  overheard  all  about  their 
pernicious  scheme,  made  his  best  to  slip  out  of  the  room  without  them 
minding  him,  and  told  everything  to  his  mother;  she  at  once  crossed  the 
river  in  a boat,  and  warned  me  about  what  had  been  plotted  against  me. 
I immediately  ordered  the  drums  to  beat  to  arms,  the  gates  to  be  shut, 
and  my  men  to  take  defensive  positions. 


COLONIAL  RECORDS. 


944 

I had  scarcely  posted  them  when  Rrice  appeared  with  30  or  40  armed 
adherents,  among  which  that  rascally  blacksmith  aforesaid,  and  about  15 
or  20  palatine  deserters.  Knowing  not  that  their  scheme  was  found  out, 
they  thought  to  take  me  easily  by  surprise,  and  pretended  to  enter  my 
small  fort  without  difficulty,  but  they  found  the  gates  shut.  Not  expect- 
ing to  meet  with  such  reception,  they  asked  the  sentries  what  that  meant 
and  why  the  gates  were  shut?  It  was  answered,  that  those  precautions 
were  taken  against  Indians  and  Christian  savages.  They  then  inquired 
if  we  took  them  to  be  enemies.  They  were  answered  that  theirs  was  no 
manner  to  visit  friends,  and  that  we  had  good  reasons  to  be  on  our  guard, 
especially  as  we  saw  rascally  traitors  and  deserters  among  them,  as  we 
effectually  did  see,  right  before  us, — but  that,  if  their  Captain  Brice,  with 
one  of  the  least  suspicious,  desire  to  come  in,  that  I should  be  told  about 
it,  and  that  I would  undoubtedly  allow  them  to  come  in  and  speak  out 
what  they  wanted.  When  I was  informed  of  it,  I ordered  them  to  be 
introduced  under  good  escort,  and  the  gate  to  be  shut  on  their  heels.  As 
that  Captn  Brice  desired  to  know  why  T treated  him  as  a stranger  and 
enemy,  I answered  that  I had  reasons  enough  for  that, — that  his  criminal 
and  reckless  design  was  only  too  much  known  to  me,  but  that  I should, 
in  due  time  and  place,  complain  and  require  justice  about  these  so  rash, 
seditious,  and  unjust  proceedings,  such  as  his  and  his  riotous  prowlers. 

I asked  moreover  if  this  was  his  way  to  deal  with  his  superiors?  I 
said  that  it  would  be  my  own  capacity  and  attribution,  as  Deputy  of  the 
Duke  of  Beaufort,  Lieutenant  Governor,  Landgrave  of  Carolina  and 
Comander  of  this  District,  to  arrest  him  as  my  prisoner,  and  to  send 
him,  bound,  to  the  Governor,  as  a turbulent,  restless,  seditious  and  fool- 
hardy man, — in  order  that  he  be  punished  according  to  his  merits  and 
as  an  example  to  other  rioters.  That  would,  indeed,  have  been  done,  if 
I had  had  sufficient  witnesses  against  him;  accordingly,  I contented  my- 
self by  sending  them  home  with  a good  censure  and  summoned  them  to 
appear  before  the  next  Parliament. 

If  I felt  disposed  to  mention  here  all  the  troubles  which  that  Capt" 
Brice  gave  me,  and  the  insolent  things  he  said  & did,  against  me  and 
what  remained  of  my  colony, — as  well  himself  as  his  adherents  and  Pal- 
atine deserters, — it  would  take  a whole  volume;  1 shall  only  say  a few 
words  about  it. 

Brice  and  his  adherents  reject  the  suspension  of  arms,  or  truce. 

It  must  be  noticed  here  that  the  contract  made  with  the  Indians,  of 
which  a copy  has  been  given  at  the  end  of  my  relation  or  letter,  written 


COLONIAL  RECORDS. 


945 


to  Govr  Hyde, — had  been  consented  by  me,  a prisoner,  in  order  to  save 
my  life, — so  that  I should  not  have  been  bound  to  hold  and  fulfil  it,  had 
I not  been  willing  to  do  so,  since  I was,  at  the  time,  constrained  and  in 
danger  of  life.  However,  being  not  of  the  opinion  quod  hereticis  non 
habendci  fides,  I had  resolved  to  abide  by  it,  within  the  dictates  of  my 
conscience,  in  all  that  was  not  contrary  to  the  duties  by  which  I was 
bound  to  the  English  Crown.  I had  managed  things  in  such  way,  that, 
if  they  had  let  me  do  what  I thought  good,  great  benefit  would  have 
resulted  for  the  Province,  and  many  evils  and  murders  could  have  been 
avoided.  But  that  Brice,  with  his  enraged  crowd,  was  so  much  incensed 
against  those  Indians,  that,  without  heeding  the  voice  of  reason,  with- 
out considering  how  little  their  own  number  was,  how  scanty  their 
victuals  and  ammunition, — without  thinking  of  so  many  poor  prisoners 
detained  by  the  Indians  or  Savages, — without  taking  any  measure  what- 
ever,— but  blindly,  brutally  and  in  a fit  of  enraged  passion,  they  rejected 
the  suspension  of  arms,  or  truce,  which  I was  to  propose,  and  had  had 
much  trouble  in  obtaining, — and  dealt  at  once  with  the  utmost  hostility 
and  cruelty  against  the  Indians.  True,  one  had  reasons  enough  to  be 
alarmed  and  indignant  about  their  invasion  and  the  murders  they  had 
committed,  but  however  just  be  one’s  cause,  prudence  and  caution  are 
always  required. 

Importance  of  that  truce  and  neutrality. 

If  I had  had  my  own  way:  (1)  by  the  proposed  truce,  time  would 
have  been  gained,  and  the  whole  Province,  as  well  as  we,  could  have 
made  sufficient  preparations  for  offensive  and  defensive  action,  and  been 
provided  with  enough  victuals,  arms,  ammunition,  and  men.  (2)  I was 
already  at  work  to  save  and  get  back  these  poor  women  & children 
prisoners,  and  that  was  indeed  the  reason  that  had  prevented  me  as  yet 
to  deliver  up  my  ransom  : I wanted  first  to  draw  these  poor  people  out  * 
of  the  claws  of  those  Savages, — what  was  granted,  with  much  trouble 
and  danger,  in  the  first  interview  with  the  Indians. 

N.  B.  The  importance  of  that  fact  can  be  seen  in  the  relation  of  the 
Indian  war — (vide  supra).  There  may  be  seen  how  cautiously  the  Sav- 
ages had  to  be  handled  on  account  of  these  poor  prisoners;  if  these  poor 
people  had  first  been  recovered,  asT  had  proposed  and  as  it  had  been  admit- 
ted by  both  parties,  then,  one  could  have  dealt  with  the  Indians  more 
fearlessly  and  successfully,  and  perhaps  stop  that  cruel  war  at  its  very 
beffinnintr. 

P P 


115 


COLONIAL  RECORDS. 


946 


(3)  When  I was  engaged  in  the  most  important  part  of  my  negotiation 
concerning  these  poor  people  still  detained  by  the  Indians,  and  as  I had 
already  gained  time,  by  means  of  my  neutrality  and  truce,  in  order  to 
recover  what  the  Savages  had  taken  and  robbed  from  Carolinian  Planters, 
as  well  as  from  Palatines  & Swiss,  and  to  try  to  get  back  as  much  big  & 
small  cattle  as  possible, — there  comes  Brice  and  his  gang,  more  foolish 
and  cruel  than  the  Savages,  and,  by  an  inconsiderate  attack,  which  very 
poorly  succeeded,  spoils  my  game  to  such  degree  that  my  whole  negotia- 
tion becomes  Fruitless  ! The  black  treachery  of  the  blacksmith,  and  this 
inconsiderate  attack,  destroyed  all  confidence  of  the  Indians  towards  me, 
and  after  that  they  made  acts  of  hostility  also  against  my  colony,  whereas 
up  to  that  time  it  had  been  spared  (I  say:  after  the  agreement  made); 
but  alter  that  premature  and  preposterous  deed  of  the  Carolinians,  the 
Savages  began  again  to  destroy  whatever  they  could,  and  the  houses  of 
my  colonists,  however  they  were  excepted  and  marked  with  the  sign  N., 
(which  meant  News)  were  burnt, — the  movables,  tools  and  other  hidden 
tilings,  dug  up  and  carried  away  or  spoiled,  and  the  cattle  killed.  And 
afterwards  the  plantations  or  dwellings  on  News,  Trent,  and  Pamptego 
Rivers,  etc.,  were  entirely  destroyed,  everything  was  plundered,  robbed, 
burnt,  and  the  people  killed. 

The  Christians  more  cruel  than  the  Heathen , roast  an  Indian  King  alive. 

What  moved  the  Savages  to  deal  the  more  cruelly  with  Christians,  was 
the  cruel  and  more  than  barbarous  proceeding  of  Brice.  He  got  hold  of 
a few  Indians  of  Bay  River,  and  their  chief  or  King  was  most  barba- 
rously dealt  with ; he  was  nearly  roasted  alive  near  a fire,  so  much  so 
that  he  died.  This  more  than  barbarous  deed  incensed  the  Indians 
against  the  Christians  to  such  degree,  that  it  is  not  astonishing  if  they, 
after  that,  proceeded  also  with  more  cruelty.  What  angered  me  not  a 
little,  was  that  one  of  my  Palatine  deserters,  T.  M.,  had  a hand  in  such 
an  atrocious  action,  and  even  declared  to  find  pleasure  in  it;  it  was  the 
same  who  caused  the  desertion  of  half  my  Palatine  colonists. 

There  were,  among  Brice’s  gang,  daring  fellows  and  men  of  courage, 
but  unprincipled  and  brutal.  If  a part  of  the  Planters  or  residents  of 
other  places  in  Carolina  had  behaved  better  and  been  less  cowardly,  the 
Indians  could  have  been  mastered  sooner,  and  less  evil  would  have  hap- 
pened. 


COLONIAL  RECORDS. 


947 


Justification  of  my  line  of  conduct  before  the  General  Assembly,  com- 
plaint about  those  secret  investigations  and  slanders,  directed  against  me. 

My  dependents  themselves! 

As  it  was  very  important  to  me  to  justify  the  course  I had  taken  in 
an  affair  of  such  nature,  where  a whole  Province  was  in  danger  to  be 
ruined  and  destroyed, — in  order  not  to  be  charged  with  it,  and  that  I 
could  publicly  expose  the  enormity  of  Brice’s  and  his  turbulent  gang’s 
proceedings, — when  the  General  Assembly  was  convocated,  I did  not  fail 
to  attend  it.  First  I appeared  before  the  higher  house,  consisting  of  the 
Governor,  the  representatives  of  the  Lords  Proprietors,  the  Councillors, 

and  ,*  or  provincial  nobility;  after  1 had  lodged  my  complaint 

and  justified  my  line  of  conduct,  I went  to  the  lower  house,  consisting  of 
the  Delegates  of  Commons.  After  a short  speech  on  the  subject  men- 
tioned, I asked  who  was  the  slanderer  who  had  secretly  informed  against 
me  without  any  official  capacity;  I asked  for  his  name,  and  for  the  pro- 
duction, either  in  the  original  or  in  a copy,  of  the  20  or  23  articles  drawn 
up  against  me;  I insisted  that  my  accusator  should  be  brought  forth  in 
my  presence,  that  I might  convict  him  of  falsehood,  justify  myself  and 
be  discharged  in  due  form, — but  nobody  dared  to  come  forward,  or  even 
open  his  mouth  about  these  accusations.  Undoubtedly  these  false  accusers 
and  slanderers  had  some  inkling,  or  somehow  heard  how  fully  I had  jus- 
tified myself  to  the  Governors  of  Virginia  and  Carolina,  at  the  start,  and 
seeing  that  the  course  I had  taken  met  with  their  high  approbation,  they 
dared  not  pursue  their  accusations,  for  fear  of  having  the  worst  of  it. 
Among  all  these  circumstances,  however,  my  honor  and  reputation  had 
much  to  suffer,  and  my  life  was  even  in  danger;  among  the  very  Pala- 
tines had  been  found  false  witnesses;  what  had  I to  do  in  such  a wretched 
state  of  things?  Seeing  that  nobody  would  speak,  I began  to  name  my 
accusators  myself,  fulminating  against  them  and  demanding  justice,  but, 
alas! — in  such  a confused  Government,  where  the  first  tire  of  sedition  was 
not  entirely  extinguished,  a good  part  of  the  members  of  that  Parlia- 
ment still  kept  some  secret  spite,  and  were  good  friends  with  that  Brice, 
who  was  also  a member,  and  would  have  been  very  glad  that  I should 
receive  some  affront,  as  I had,  in  their  view,  sided  too  much  with  the 
Governor;  besides  they  were  much  perplexed  about  that  Indian  war,  and 
I could  have  no  other  satisfaction  than  to  see  my  discourse  and  defence 


*Thc  French  copy  of  the  MS.  has  here  the  word  caciques  which  is  spelled  the  same  in 
Kaglish,  and  seemed  too  much  startling  to  the  translator  to  be  written  here  without  a 
protest. 


948 


COLON  I A L RECORDS. 


received  in  deep  silence.  True,  the  Governor  and  High  House  apolo- 
gized to  me  and  complimented  me,  and  put  me  off  to  demand  justice,  in 
the  form  used  in  time  of  peace,  against  these  slanderers.  Think,  my 
dear  reader,  how  long  I should  have  had  to  wait  to  find  due  satisfaction, 
since  at  the  present  hour  ( Ano  171(5)  the  Indian  War  is  not  yet  finished  ! 

I had  sent  many  letters  and  memorials  to  the  Govr  on  this  matter,  with 
ample  deductions  and  historical  particulars  about  all  what  had  come  to 
pass  in  this  sorry  plight.  Any  one  would  pity  me,  who  would  know  all 
the  cross-accidents  which  befell  me. 

More  motives  and  causes  of  the  Indian  War. 

Since  at  page  [44  of  MS.],  I mentioned  but  a few  motives  or  causes  of 
that  I ndian  war,  I will  add  that  the  negligence  and  carelessness  of  the  Caro- 
linians were  not  little  conducive  to  it ; — they  trusted  the  savages  too  much, 
did  not  build  even  the  poorest  fort,  for  safety’s  sake,  in  the  Province,  in 
order  to  withdraw  thither  in  case  of  need; — they  did  not  prescribe  the 
least  dispositions  to  be  taken  in  case  of  sudden  irruption — nor  had  they 
stored  up  the  necessary  war-provisions  and  victuals.  Far  from  keeping 
good  accumulations  of  grain  and  other  eatables,  they  sold,  in  the  very 
midst  of  dangers  and  troubles,  whole  shiploads  of  wheat,  meat,  beans, 
etc. — for  things  much  less  necessary  to  life,  as  sugar,  molasses,  brandy  or 
(“ hrandevin”)  etc., — in  short,  every  thing  was  disorderly  and  in  the  worst 
state  of  preparation.  Instead  of  assembling  one  or  two  small  bodies  of 
troops  to  operate  against  the  savages,  and  drive  them  out  of  the  frontier, 
and  from  their  dwellings  or  Plantations,  every  one  pretended  to  keep 
and  defend  his  own  house, — and,  of  course,  the  savages  had  a good 
opportunity  to  destroy  one  plantation  after  the  other;  indeed,  if  the  good 
God  had  not  taken  better  care  of  them,  than  they  did  themselves,  the 
whole  Province  would  have  gone  to  ruin. 

My  plan  was,  in  case  the  savages  would  not  stand  by  the  agreement 
made,  and  it  would  have  been  impossible  to  induce  them  to  some  good 
adjustment,  to  mislead  them  with  my  truce,  as  has  already  been  said  [v. 
pages  96,  97,  98  of  MS.],  so  as  to  gain  time  to  gather  men  in  sufficient  num- 
ber, & necessary  stores  as  well  in  ammunitions  as  in  victuals,  in  order,  not 
only  to  be  on  a good  foot  of  defence,  but  even  to  drive  them  away  from 
the  territory,  far  more,  to  render  them  powerless  for  harm  in  the  future, 
so  as  to  have  nothing  more  to  fear  from  them.  But  it  was  useless  to  try 
to  bring  those  Carolinians  to  their  senses.  Those  who  were  less  cow- 
ardly than  the  others,  went  to  work  in  such  heedless  and  thoughtless 
way,  and  fell  upon  the  savages  with  a mere  handful  of  people, — so  that 


COLONIAL  RECORDS. 


949 


the  savages,  in  far  greater  number,  good  shots,  and  well  provided  with 
everything,  drove  awav  that  poor  set  of  Carolinians,  like  a gang  of 
wolves  docs  a herd  of  sheep,  and  without  the  help  of  the  Swiss  & Pala- 
tine colony,  they  would  have  been  crushed  and  entirely  defeated,  as  may 
be  seen  in  the  last  pages  of  my  Relation — (v.  supra). 

N.  B.  In  that  relation,  consisting  in  a letter  written  to  Govr  Hyde,  I 
did  not  mention  and  could  not  yet  know  how  this  little  body  of  troops 
consisted  only  of  about  150  men,  who  were  stationed  at  Bath  Town,  a 
small  village  near  Pamptego  River.  These  men  had  sent  word  to  ours, 
that  at  the  first  signal  given,  they  would  come  to  their  help, — and  ours 
likewise  at  their  signal, — but  these  cowards  had  never  the  heart  of  cross- 
ing the  River,  and  left  their  poor  neighbors  in  the  trouble  and  danger, 
and  after  having  eaten  the  bread  and  meat  of  the  poor  residents  of  that 
District  of  Bath  County,  returned  home. 

How  I fortified  and  intrenched  myself  at  Newbern,  how  I supported 
my  whole  garrison  or  colony,  with  women  and  children,  at  my  own  ex- 
pense, during  22  weeks,  how  at  last,  destitute  of  victuals,  ammunition, 
without  help,  I have  been  obliged  to  leave  my  post  in  order  to  go  where 
the  Government  was, — all  that  may  partly  be  found  in  the  letter  written 
by  me  to  Govr  Hyde. 

However,  the  least  I can  do  is  to  relate  also  something  about  that  trip 
I took  to  the  County  of  Albemarle  where  the  Governor  and  his  Council 
resided. 

After  having  thoroughly  considered  the  wretched  condition  of  the 
Province,  of  myself,  and  of  my  colony, — the  absence  of  any  assistance  from 
the  Province, — the  impossibility  of  supporting  us  at  length  in  that  way, 
— (being  even  reduced  to  the  last  extremity,) — the  manner  in  which  all 
the  colony  had  been  destroyed  and  ruined  by  the  invasion  of  the  Savages, 
in  which  circumstance  70  persons  were  miserably  murdered  or  carried 
away  prisoners,  as  stated  above,  their  houses,  movables,  and  tools  burnt 
and  stolen,  the  greatest  part  of  the  large  cattle  killed, — the  remainder  be- 
ing consumed  for  our  subsistence; — the  delay  and  refusal  of  any  help 
from  our  country,  its  distance, — the  little  hope  there  was  of  ever  recruiting 
from  such  considerable  loss,  and  of  founding  again  a convenient  settle- 
ment,— again,  the  poor  Government  and  the  unhappy  situation  of  the 
Province  and  of  its  inhabitants, — after  considering,  1 said,  all  that  and 
other  good  reasons, — I saw  myself  compelled  to  think  more  about  my 
interests,  and  to  take  other  measures.  I opened  mv  mind  to  several  persons 
of  distinction,  my  protectors  and  friends  from  Virginia  and  Maryland, 
— and  they  unanimously  advised  me  to  take  other  measures,  and  made  me 


COLONIAL  RECORDS. 


i»r>o 


very  obliging  offers,  inviting  mo  to  eome  and  settle  with  ray  whole  colony, 
— what  I highly  appreciated. — Seeing  my  colony  broken  up,  inasmuch 
as  half  the  Palatines  had  left  me,  I took  the  resolution  to  change  quar- 
ters with  the  remainder  of  the  faithful  Palatines  and  the  small  band  of 
Swiss.  I therefore  had  my  little  sloop  mended  (a  kind  of  brigantine), 
for  this  voyage,  and  packed  up  part  of  my  clothes,  intending,  if  I could 
not  obtain  better  assistance  from  Govr  Hyde  and  from  the  Parliament  or 
General  Assembly,  to  proceed  further  to  Virginia  and  Maryland. 

Other  measure s taken,  in  our  distress  and  want  of  any  resources, — inas- 
much as  not  one  bushel  of  wheat  remained  to  us,  from  our  provisions, — 
and  I had  entertained  them  for  22  weeks,  without  any  help  from  the 
Government  or  Province. — My  voyage  to  (hurt, — and  further  on  to  Vir- 
ginia. A phenomenon  on  the  mast  of  our  ship,  which  foretold  a great 
storm,  which  really  happened. 

After  T had  called  together  my  poor  colonists  and  spoken  to  them  of 
the  necessity  of  changing  our  plans  and  quarters,  if  the  Province  would 
not  assist  us  better  than  it  had  done  in  the  past,  that  poor  people,  who 
eonly  knew  too  well,  and  by  their  sad  experience,  in  what  distress  we  were, 
— readily  assented  to  my  proposals. — I however  comforted  them  the  best 
I could,  and  asked  them  to  have  a little  patience  and  hold  out  some  little 
longer,  telling  them  1 should  travel  with  all  possible  haste,  and  make  all 
the  efforts  which  might  be  conceived,  in  order  to  get  them  some  help  in 
victuals,  as  well  as  in  men  and  necessary  ammunition.  I therefore 
went  on  my  voyage  and  started  by  a fine  weather  and  a most  favorable 
wind.  But,  alas ! it  did  not  last  long,  and  that  voyage  was  not  very 
happy;  for  already  in  the  evening,  when  we  were  nearly  at  the  out- 
let of  the  River,  and  at  the  point  of  entering  the  sound,  something  re- 
markable happened.  After  sunset,  at  the  top  of  the  mast,  suddenly  ap- 
peared a little  fire,  about  the  size  of  a big  candle’s  flame,  which  made 
about  the  same  noise  as  an  ascending  rocket;  it  lasted  for  about  one  good 
quarter  of  an  hour,  and  we  were  looking  on  with  great  attention  and  sur- 
prise. We  asked  the  patron  of  the  vessel  what  it  meant;  he  answered 
that  it  did  not  mean  anything  good,  and  that,  before  night,  we  should 
have  a great  and  dangerous  storm,  that,  accordingly  we  ought  to  sail  to- 
wards land,  in  order  to  find  some  shelter, — but,  not  paying  attention  to 
his  warnings,  I told  him,  with  a smile,  to  go  on.  He  had  hardly  gone 
for  a league,  when  suddenly  the  wind  changed  and  became  so  violent, 
that,  night  being  near,  we  were  glad  to  see  some  land  in  view,  in  order 
to  draw  nearer  and  cast  anchor.  We  had  hardly  been  able  to  land,  when 


COLONIAL  RECORDS. 


901 


such  a terrible  storm  arose,  that  if  we  had  remained  on  the  Sound,  we 
should  certainly  have  been  lost  on  the  sand  banks  which  are  found  in  it. 

T he  danger  of  perishing  on  a sand  hank. 

We  remained  over  night  at  the  home  of  an  English  planter,  who  lived 
thereabouts,  received  us  very  well,  and  had  for  us  all  kind  of  attentions. 
He  was  a “ Shaker” — though  an  honest  man, — and  at  my  first  arrival  in 
the  country  had  been  of  great  help  to  me,  supplying  me  with  victuals 
and  cattle  at  a reasonable  price.  On  the  next  day,  after  having  thanked 
our  benefactor,  we  started  again,  the  wind  having  fallen,  but,  in  the 
evening,  as  we  were  in  the  midst  of  the  Sound,  which  is  a little  sea  be- 
tween the  land  and  the  downs  of  the  Ocean,  we  struck  a sand  bank  and 
the  ship  made  such  a crash,  that  we  believed  she  had  split  in  two,  and 
were  greatly  frightened ; however,  she  did  not  go  under,  we  accordingly 
took  courage  and  made  great  efforts  to  get  away  from  that  bank,  but  our 
greatest  fear  was  that  when  at  last  we  should  get  off,  then  we  should  feel 
the  effects  of  that  bad  collision,  and  that,  the  ship  being  free,  the  crack 
would  gape  asunder,  and  we  should  certainly  go  under;  but,  by  a special 
grace  of  the  Allmighty,  there  was  no  such  accident,  and  when  tin'  tide 
came  in,  and  the  wind  was  somewhat  more  favorable,  we  crowded  all  sail, 
got  loose  with  some  trouble,  and  thanked  our  good  God  to  have  delivered 
us  from  such  great  danger. 

A contrary  wind  keeps  us  for  several  days  on  a hank  among  reeds. — II V 
strike  against  a rock,  consisting  in  oyster  shells. — Arrival  at  Governor 
Hyde’s,  irhere  I stay  six  weeks. — / get  a sloop  or  vessel  ready,  full  of 
provisions,  for  my  colonists. 

On  the  third  day,  we  again  had  a violent  and  contrary  wind,  and  were 
obliged  to  cast  anchor  on  a reed-covered  bank,  where  we  remained  in 
safety  for  several  days;  at  last,  by  a -1  of  wind  we  crossed  a channel 
through  those  reeds,  and  were  again  unlucky  enough,  to  strike  a rock  or 
big  oyster-bed,  where  we  had  half  a day’s  hard  work  to  get  away,  and 
were  obliged  to  await  high  tide  to  get  rid  of  that  place.  We  went  on 
with  a favorable  wind,  and  came  at  last  to  the  appointed  place;  it  was 
high  time  for  it,  we  had  nothing  more  aboard  to  eat  or  to  drink,  as  we 
had  thought  to  accomplish  our  voyage  in  twice  24  hours,  and  it  took  us 
10  days.  This  was  the  consequence,  foretold  bv  the  patron  of  the  ship, 
of  that  sign  which  we  noticed  on  the  top  of  the  mast. 

Having  been  obliged  to  stay  more  than  (5  weeks  about  Govr  Hyde,  as 
well  to  attend  Council  and  to  apply  myself  to  the  public  business  of  the 
Province,  as  to  get  together  the  necessary  eatables  and  war  ammunition 


COLONIAL  RECORDS. 


952 


for  my  nearly  ruined  colony,  1 could  at  last,  not  without  much  trouble, 
send  back  my  sloop  or  brigantine  loaded  with  wheat,  powder,  lead,  to- 
bacco, and  some  brandy  to  Newbern. 

A great  mishap:  the  fire  catches  the  tobacco  leaves. — The  ship  patina 

blaze  by  the  powder-keg. 

Rut  alas!  what  a misfortune  happened  ! My  poor. people  were  waiting 
in  vain  for  the  promised  help:  when  the  sloop  had  nearly  crossed  the 
Sound  and  got  to  the  outlet  of  News’  River, — the  3 sailors,  thinking 
themselves  out  of  danger,  drank  too  much  rum  or  brandy,  and  fell  asleep, 
without  extinguishing  the  fire  on  the  hearth.  Sparks  from  the  still  burn- 
ing wood  flew  among  the  tobacco-leaves  which  were  not  far  from  there, 
they  took  fire,  and  the  smoke  woke  up  the  sleepers.  They  were  much 
surprised  and  frightened,  so  much  so  that,  for  fear  the  powder-barrel 
would  burst, — without  taking  any  pains  to  put  out  the  fire,  though  they 
had  plenty  of  water  so  near  at  hand,  they  only  thought  of  their  own 
safety,  went  into  the  small  boat,  and  left  the  ship.  Indeed,  before  they 
reached  the  shore,  the  fire  caught  the  keg  of  powder,  which  instantly  did 
burst  and  blow  up  the  whole  ship  in  a blaze. 

Main  cross-accident. — 6th  mishap. 

I leave  it  to  think  to  the  reader  what  very  sad  news  these  were  for  my 
poor  people  of  Newbern,  who,  nearly  at  the  point  of  dying  out  of  mere 
starvation,  sighed  with  “gaping  mouths”  for  that  long  desired  help,  and 
what  a heart-sore  for  me  to  see  my  poor  dependents  deprived  of  that 
assistance.  I well  understood,  however,  that  even  that  small  help  would 
not  be  sufficient,  and  would  just  give  them  some  little  respite,  and  I made 
all  efforts  to  load  my  heavier  brigantine  with  the  same  kind  of  goods  as 
the  other,  but  I was  so  much  delayed  and  things  went  on  so  very  slowly 
that  I became  quite  down-hearted,  and  well  foresaw  that  such  tergiversa- 
tions, in  such  circumstances,  would  bring  us  to  a wretched  state  of  affairs, 
and  that  it  would  be  a mere  impossibility  to  subsist  in  that  way,  in  the 
long  run. — I therefore  disposed  affairs  in  such  a way  that  my  colonists 
could  use  those  same  provisions  which  I got  together  for  them,  to  come  on 
that  same  ship  “ with  M.  M.”  to  Virginia,  but,  as  stated  above,  the  whole 
business  was  dragged  on  to  such  length  of  time,  that  I began  to  grow 
tired  to  stay  at  the  Government’s  seat, — where  every  thing  was  going  on 
so  badly  that  it  was  a real  pity ! 

Before,  however,  I come  to  relate  mv  voyage  to  Virginia,  it  will  be  well 
to  mention  what  we  made,  in  the  long  time  we  spent  at  the  government’s 
seat,  for  the  Province’s  good  and  safety. 


COLONIAL  RECORDS. 


953 


Remonstrances  for  the  Province's  safety. 

After  I had,  therefore,  remonstrated  to  Govr  Ilyde  & the  Council  that 
we  had  to  take  better  measures  than  in  the  past  and  to  introduce  a better 
order  in  public  affairs, — that,  if  we  did  not,  we  should  very  likely  perish, 
all  of  us,  by  the  hand  of  the  Savages,  we  began  to  examine  and  consider 
things  somewhat  nearer,  so  as  to  meet  the  most  pressing  emergencies, — 
but  I must  say  I was  astonished  to  find  so  many  ignorants  and  cowards. 

(1)  Above  all,  a sufficient  quantity  of  victuals  had  to  be  stored  up;  if 
not,  it  is  and  was  impossible  to  make  war,  especially  against  savages. 
However,  those  Carolinians  have  been  so  light-headed,  that,  far  from 
accumulating  the  necessary  provisions,  they  have  sold  grain  and  salt-meat 
outside  of  the  Province;  Therefore  urged  instantly  the  Governor  to  pub- 
lish a severe  interdiction,  in  order  that  nobody  should,  under  heavy  fines 
and  pains,  export  or  sell  any  eatables  whatever  outside  of  the  province. 

(2)  That  we  should  get  exact  information  as  to  this  question  whether 
the  Province  could  produce  grain  in  sufficient  quantity  for  such  a long- 
war?  We  found,  indeed,  that  this  was  not  the  case,  by  far,  so  that  it 
was  necessary  to  get  some  from  the  neighboring  provinces. 

(3)  Since  neither  the  Province  in  general,  nor  the  people  themselves 
were  sufficiently  provided  with  powder,  lead,  and  arms,  some  were  to  be 
ordered  from  elsewhere;  but  they  did  not  know  where  to  find  the  money 
for  that  purpose,  and  the  Carolinians  were  so  poorly  considered,  that 
they  would  have  found  none  on  credit.  I accordingly  was  compelled  to 
sec  if  the  Governor  of  Virginia  would  not  give  us  a lilt. 

(4)  Supposing  that  we  should  have  met  all  the  exigencies  above  stated, 
what  was  to  be  done  with  so  few  people?  We  could  hardly  gather  300 
arms-bearing  men  in  the  whole  province,  and  part  of  them  was  neither 
well  clothed  nor  well  armed,  had  no  ammunition,  and  felt  not  at  all  in- 
clined to  go  to  battle.  Thereupon,  I was  commissioned  to  speak  to  the 
Govr  of  Virginia,  and  to  prevail  on  him,  in  order  that  he  would  be  so 
kind  as  to  give  us  men  and  sufficient  provisions, — what  he  really  offered 
to  do  in  the  name  of  the  Queen  of  Great  Britain,  provided  a settled  salary 
would  be  paid  to  the  soldiers  and  the  eatables  and  war  provisions  re- 
turned. This  did  not  please  the  Carolinians;  they  objected  they  were 
not  able  to  return  such  sums  of  money, — that  the  Governor  ought  to  do 
it  at  her  Majesty’s  expense,  what  was  found  ridiculous:  “why  should, 
indeed,  the  Queen  contribute  to  such  an  extent  for  a Province  from 
which  she  drew  no  income?”  The  Lords  Proprietors  draw  it,  and  they 
should  also  pay  the  expense  and  charges.  This  was  the  cause  that  some 


COLONIAL  RECORDS. 


95 1 


persons  went  to  the  Govr  of  Virginia,  to  feel  their  wav  with  him,  if  he 
would  perhaps  take  under  his  protection  the  Province  of  Carolina,  what 
he  refused  by  good  considerations. 

(5)  It  was  also  proposed  that  some  place  in  the  Province  should  be 
fortified,  as  well  to  be  able  to  retire  there  in  case  of  need,  as  to  keep 
there  in  safety,  but  nothing  was  done. 

What  was  to  be  done  in  such  a wretched  state  of  affairs?  During  all 
these  tergiversations,  the  savages  became  fierce,  on  account  of  such  poor 
resistance,  broke  forth,  attacked  and  pillaged  one  Plantation  after  another. 

Last  resource:  a delegation  for  help,  to  South  Carolina. 

The  last  resource  was  to  send  at  once  delegates  to  South  Carolina  to 
ask  for  help,  which  was  obtained,  and  without  which  the  whole  Province 
would  have  been  lost. 

Col.  Barnwell  comes  with  800  tributary  Indians  & 50  Englishmen. — Col. 
Barnwell's  attack  upon  Cor-mllage. — The  King  of  Cor  and  his  force 
are  beaten. 

The  Government  of  South  Carolina  sent  800  tributary  savages,  with 
50  Carolinian  Englishmen,  under  the  command  of  Col1  Barnwell, — all 
provided  with  arms,  powder  and  lead.  The  seat  of  that  Indian  war  was 
near  my  quarters  of  Newbern.  As  this  body  of  troops  had  arrived,  the 
war  broke  out  in  due  form,  and  those  tributary  savages,  at  the  start, 
pounced  with  such  fury  upon  part  of  the  Tuscoruro  nation,  that  they 
were  appalled,  and  the  savages  of  North  Carolina  were  obliged  to  in- 
trench themselves  in  a fort  which  they  built.  Thereupon  the  relief- 
troops  from  South  Carolina,  after  having  received  orders  at  Newbern, 
marched  against  a great  Indian  Village,  called  Core,  about  thirty  miles 
distant  from  Newbern,  drove  out  the  King  and.  his  forces,  and  carried 
the  day  with  such  fury,  that,  after  they  had  killed  a great  many,  in  order 
to  stimulate  themselves  still  more,  they  cooked  the  flesh  of  an  Indian 
“ in  good  condition  ” and  ate  it.  As  this  help  came  from  S.  Carolina, 
we  levied  200  Englishmen  from  N.  Carolina  under  the  comand  of  Cap. 
Boyd  with  a few  friendly  Indians, — and  50  men  from  my  colony,  com- 
manded by  Mr  Michel. 

The  Indians,  posted  near  the  village  of  Catechna,  fortify  and  entrench 
themselves. — The  besieged  Indians  hold  their  ground,  and  the  Carolin- 
ians are  compelled  to  raise  the  siege. 

This  expedition,  a body  of  troops  consisting  partly  of  Christians  and 
partly  of  savages,  went  into  the  woods,  and  took  position  before  a great 


COLONIAL  RECORDS. 


955 


village,  (“ailed  Catechna,  where  I had  been  a prisoner  before  (as  stated 
above);  in  that  village  had  retired  and  were  posted  our  savage  enemies, 
a medley  of  Indians  from  the  Weetock,  Bay,  News,  Cor,  Pamptego  riv- 
ers, and  a part  of  the  Tuscoruro-Nation.  They  were  so  well  intrenched 
and  fortified  that,  on  our  first  attack,  we  could  not  get  the  best  of  them, 
but  the  main  cause  was  that  the  orders  had  not  been  well  obeyed.  The 
attack  was  to  take  place  on  several  sides  at  once,  but  Cap.  Brice,  with  his 
gang  of  tramps,  were  too  hasty,  and  began  before  the  time  appointed, 
and  when  the  others  were  not  yet  ready, — and,  on  their  account,  the 
whole  affair  was  carried  on  in  a disorderly  manner;  several  of  our  peo- 
ple were  wounded,  a few  killed  in  that  way,  without  doing  any  harm 
whatever  to  the  besieged, — and  our  men  were  compelled  to  retire. 

My  proposal  to  use  a few  big  guns  at  the  second  attack. — The  above  stated 
cannons  work  splendidly. — The  besieged  Indians  beg  for  a.  truce:  it  is 
granted  under  condition  of  the  liberation  of  the  Christian  prisoners. 
When  these  sad  news  were  brought  to  the  Council, — as  we  then  were 
assembled, — we  set  our  wits  to  work,  in  order  to  find  some  means  of 
holding  our  own  better  against  our  enemies.  My  eyes  accidentally  fell 
upon  some  (i  or  8 cast-iron-guns  which  were  laying  in  the  yard,  removed 
from  their  carriage,  rusty,  and  full  with  sand,  and  proposed  to  repair 
two  of  the  smaller  ones,  the  best  one  could;  and  to  send  them  to  our 
people,  in  order  to  use  them  on  the  second  attack  to  be  made,  but  my 
proposal  was  at  first  considered  as  ridiculous.  They  objected  to  me  that 
it  was  impossible  to  carry  them  across  the  swamps,  the  ditches  and  woods. 

1 answered  readily,  as  I well  remembered  what  an  officer  dependent  of 
the  bailiwick  Yverdon,  Oapt"  Taccard  from  Saint-Croix,  had  related  to 
me,  of  the  stratagem  he  used  at  the  siege  of  an  important  fortress  in 
Flanders,  (and  which  indeed  made  his  fortune).  1 proposed  that  every 
cannon  would  be  brought  on  some  kind  of  shafts,  with  one  horse  in  front, 
and  another  behind,  what  was  done;  the  other  necessaries  were  supplied, 
and  it  all  did  splendidly  succeed.  Indeed,  the  first  approaches  being 
duly  made,  two  balls  had  liardlv  been  shot  into  the  fort,  with  a few  gren- 
ades, when  the  Indians,  who  knew  nothing  of  such  inventions  and  who 
never  had  heard  such  loud  reports,  were  so  much  frightened,  that  they 
begged  for  a truce;  a council  of  war  was  held,  and  it  was  concluded  that 
it  should  be  granted,  with  the  purpose  of  an  advantageous  peace.  \\  hat 
induced  our  staff  to  that  was  the  presence  of  the  poor  Christian  prison- 
ers, who  were  confined  already  since  the  first  slaughter;  they  called  out 
from  the  Fort  that  if  we  should  take  it  by  storm  and  take  no  heed  of 


COLON  I A L RECORDS. 


956 


the  enemy’s  proposal,  they  would  all  miserably  perish.  Accordingly,  a 
capitulation  was  made,  under  condition  that  the  poor  prisoners  would  be 
immediately  set  free,  what  was  done  at  once. 

Our  troops  return  to  Newbern. — Col.  Barnwell  discontented. — 11 is  treach- 
erous stratagem:  breach  of  truce. 

Thereafter,  our  troops  returned  to  Newbern  to  refresh  themselves 
somewhat,  for  they  were  badly  provided  with  victuals.  As  the  Province 
had  not  fulfilled  the  expectations  of  Col.  Barnwell,  who  had  hoped  for 
greater  honors  and  gifts  from  the  Carolinians, — as  even  his  men  had  not 
received  the  necessary  provisions,  and  were  dissatisfied  as  he  himself  was, 
he  thought  of  some  device  to  return  home  with  his  forces  in  a profita- 
ble way:  under  pretence  of  a good  peace,  he  lured  a great  part  of  the 
enemies  to  the  surroundings  of  Cor-village,  where  he  took  them  all  pris- 
oners. This  suited  the  tributary  Savages  very  well,  because  they  got  so 
much  a head  in  goods, — and  they  returned  joyfully  to  South  Carolina 
with  their  savage  prisoners,  but  that  Col.  Barnwell  blotted  out,  by  such 
a black  deed,  all  the  praiseworthy  things  he  had  done  before. 

The  Tuscaruros,  much  incensed  at  that  breach  of  truce , fortify  themselves 
better  and  make  great  ravages. 

This  breach  of  truce  and  most  detestable  deed  of  a Christian  did  not 
fail  to  greatly  incense  the  other  Tuscaruros  and  Carolinian  Indians,  and 
justly  too,  since  they  evidently  could  have  no  more  confidence  to  the 
Christians.  They  accordingly  fortified  themselves  still  better,  and  made 
terrible  raids  along  both  rivers,  News  and  Pamptego,  and  the  last  troubles 
were  worse  than  the  first. 

Complaints  to  the  Government  of  S.  C.  against  Barnwell.  Solicitations 
for  some  new  help ; granted,  under  Capt.  Moore. 

This  compelled  us  to  bring  a serious  complaint  against  that  Col.  B. 
and  to  solicit  new  help  from  South  Carolina,  which  we  obtained,  though 
not  so  strong  as  the  first,  under  command  of  Cap1  Moore,  who  behaved 
better  than  the  first. 

New  attack  against  the  Indians  and  the  same  fort  as  before.  It  is  taken 
by  storm.  200  Indians  burnt.  900  in  all,  men,  women,  & children, 
made  prisoners  or  killed. 

After  calling  together  as  many  men  as  possible,  they  began  anew  the 
attack  of  the  Indian  Fort  near  Catechna,  the  other  name  of  which  is 
Hencock’s  Ullage.  This  siege  was  more  successful  than  the  first,  and 


COLONIAL  RECORDS. 


957 


achieved  in  little  time.  There  was  in  one  corner  of  that  fort  a sort  of 
a redoubt  which  our  men  contrived  skillfully  to  set  on  lire,  and  200 
savages  were  burnt.  In  the  fort,  many  were  killed,  and  they  defended 
themselves  very  well,  even  when  their  women  and  children  were  taken 
prisoners,  and  our  men  went  for  the  provisions  which  they  had  hidden 
underground.  There  were  wounded  savages,  crawling  on  earth,  who  tried 
to  hurt  the  victors. 

In  that  action,  it  was  estimated,  that  there  were  about  900  killed,  as 
well  as  prisoners,  men,  women,  and  children.  Of  our  men  and  the  In- 
dian tributaries,  many  were  wounded  and  several  killed. — After  that,  we 
had  a little  rest,  though  some  of  them,  who  were  scattered  about,  would 
now  and  then  assail  a few  plantations. 

Fird  steps  towards  peace. — Peace  concluded. 

The  question  was,  how  to  protect  us,  for  the  future,  against  the  remain- 
ing savages  and  their  neighbors.  We  called  the  neighboring  Kings  to- 
gether. (N.  B. — These  petty  kings  are  properly  only  the  chiefs  over  a 
certain  number  of  Indians;  however,  the  title  is  hereditary  and  goes  over 
to  their  posterity).  Six  or  seven  of  those  kinglings  complied  with  the 
summons,  and  after  several  successive  conferences,  we  made  a peace  such 
as  we  desired, — so  that  there  is  nothing  more  to  fear, — the  Indians  located 
in  Virginia,  tributaries  of  this  last  Province,  are  answerable  for  that 
peace,  and  the  remaining  Carolinian  Indians  have  presently  become  tribu- 
taries of  the  Province  of  North  Carolina,  or  rather  of  the  Lords  Pro- 
prietors. 

Situation  of  my  poor  colonists. — Some  relaxation  granted  to  the  colonists. 

In  the  meanwhile,  notwithstanding  that  peace,  our  poor  colonists  were 
not  in  the  best  plight,  but  scattered  here  and  there  among  the  English  A 
Carolinian  Planters;  some  returned  to  Newborn  where  they  could  farm 
some  little.  Besides,  I had  allowed  all  to  leave  their  Plantations  for  a 
couple  of  years  and  to  go  out  to  service  at  the  wealthiest  Planters’,  in 
order  to  spare  some  little  means  besides  their  living,  and  afterwards  to  go 
back  to  their  Plantations,  discharging  them,  for  those  two  years,  of  their 
standing  rents.  To  Mr  M.  and  the  Bernese  I let  know  that,  according 
to  what  had  been  agreed  upon,  I went  to  Virginia  and  was  going  to  take 
the  necessary  steps  to  secure  there  some  safer  establishment, — it  being  im- 
possible to  me  to  reestablish  with  my  own  strength  and  means  a Colony 
in  such  a wrecked  State, — the  more  so  that  there  was  very  little  prospect 
and  hope  of  any  more  assistance  from  mv  home. 


COLONIAL  RECORDS. 


058 


A rrival  in  Virginia , at  the  Governor’s. 

I accordingly  took  leave  of  the  Governor  <Sz  Council  of  Carolina,  and 
went  to  the  Govr  of  Virginia,  who  received  me  very  favorably,  and  who, 
at  my  request,  granted  me  the  escort  of  a well-equipped  man-of-war,  on 
account  of  the  privateers,  which  was  indeed  a great  favor  to  a private 
individual.  Thereafter  I sent  word  to  Mr  M.  who  was  to  take  the  lead 
of  my  people,  and  which  was  present  at  a conference  on  the  boundary  of 
Virginia  & Carolina,  where  the  Lords  Governors  Hyde  & Spotswood 
conferred  together.  The  day  was,  accordingly,  appointed,  and  the  place 
where  the  man-of-war  had  to  be  passed  was  Coratuck  Island  (North  Caro- 
lina); with  the  conviction  that  all  that  would  succeed  perfectly,  I went 
on  my  way  further  into  Virginia,  along  the  big  river  Potomack,  and  to 
Maryland,  in  order  to  secure  quarters  and  the  necessary  provisions  in 
victuals  and  cattle. 

Arrival  in  Maryland  and  at  the  Potomack  falls. 

The  place  where  we  were  to  meet  was  at  a very  gentlemanlike  man’s, 
“ Mr  Rosier,”  near  the  Potomack-falls,  where  a few  gentlemen  from 
Pennsylvania,  who  had  some  interests  common  with  us,  had  come  to 
meet  me,  in  hopes  of  seeing  at  last  how  things  stood  about  this  beautiful 
and  rich  silver-mine,  about  which  Mr  M.  had  talked  so  much  and  for  the 
search  of  which  they  had  already  supplied  so  much  money. 

My  trip  above  the  Potomack  falls. — Arrival  at  Canavest. — An  alliance 

with  the  Canavest  Indians. 

We  remained  at  that  place  for  some  time,  without  hearing  from  Mr  M. 
nor  from  that  small  colony  which  we  awaited  impatiently  from  one  day 
to  the  other, — the  queer  behaviour  of  that  fellow  made  us  nearly  doubt, 
and  not  without  reason,  the  reality  of  his  assertions.  We  therefore  re- 
solved to  go  ourselves  and  visit  the  site  of  the  mines,  of  which  he  had 
given  us  a map;  we  accordingly  took  due  preparations  for  that  trip, 
though  a dangerous  one, — and,  as  I had  planned  it  some  time  ago,  and 
before  having  any  clue  to  that  meeting,  I took  every  precaution,  and  gave 
advice  of  mv  intentions  to  the  Governor  of  Virginia,  who  gave  me  let- 
ters—patent,  and  even  issued  injunctions  to  the  guardsmen  on  the  boun- 
dary (“frontier-guardsmen,”)  to  follow  and  escort  meat  my  first  research 
and  at  anv  request  of  mine.  When  we  came  to  Canavest,  an  enchant- 
ing place,  about  40  miles  above  the  falls,  we  found  settled  there,  a crowd 
of  savages,  and  especially  a Frenchman  from  Canada,  called  Martin,  a 
carter,  who  had  married  an  Indian  or  Savage  woman,  and  was  highly 


COLONIAL  RECORDS. 


nr, 9 


considered  among  the  savages  of  Pennsylvania  & Maryland.  Induced 
by  the  splendid  “advances”*  of  Mr  M.,  he  had  settled  there,  having  left 
Pennsylvania.  This  same  carter  Martin  had  also  made  the  voyage  to  S. 
for  the  search  of  the  Mines,  with  that  Mr  M.  and  spent  a heavy  sum  of 
money  for  it.  That  man  warned  us  that  the  Indians  which  were  in  the 
vicinity  of  that  S.  mountain,  where  the  mines  were  supposed  to  be,  were 
much  alarmed  on  account  of  the  war  which  we  had  with  the  Tuscoruros, 
and  that  we  ought  not  to  risk  so  dangerous  a trip  without  necessity.  We 
took  his  words  into  consideration  and  postponed  that  trip  to  a more  favor- 
able time  and  occasion.  We,  however,  made  an  alliance  with  the  Cana- 
vestf  Indians,  which  was  most  necessary,  as  well  on  account  of  the  mines 
which  we  hoped  to  find  thereabouts,  as  for  the  settlement,  which  we  had 
resolved  to  make  in  that  region,  of  our  little  Bernese  colony,  which  we 
expected.  After  that,  we  visited  those  beautiful  sites,  those  enchanted 
islands  on  the  River  Potomack  above  the  falls. 

We  ascend  Sugarloaf  mountain,  where  we  find  a very  extensive  view. — 

Return  to  the  Potomack  falls. 

From  there,  on  our  way  back,  we  went  on  one  high  mountain  only, 
called,  on  account  of  its  form,  Sugarloaf  mountain. J W e took  with  us 
a surveyor,  the  carter  Martin  above  mentioned  and  a few  Indians.  From 
that  mountain  we  saw  a great  expanse  of  land,  part  of  Virginia,  Mary- 
land, Pennsylvania  & Carolina.  Using  the  compass,  we  made  a map, 
and  specially  noticed  the  S.  mountain,  where  the  silver  mines  were  to  be. 
We  found  that  that  mountain  was  situated  in  Virginia,  and  not  in  Penn- 
sylvania, as  according  to  the  map  given  us;  two  of  these  Indians  hap- 
pened to  know  that  mountain’s  situation,  and  told  us  that  they  had 
roamed  thereabouts  and  had  been  in  nearly  all  the  nooks  of  that  moun- 
tain, but  had  found  no  minerals,  and  that  the  map  given  to  us  was  not 
correct,  what  greatly  surprised  us.  We  discovered,  from  that  summit, 
three  mountain-ranges,  one  higher  than  the  other,  and  beautiful  valleys. 
After  we  had  gone  down  from  the  mountain,  we  spent  the  night  at  that 
man,  Martin’s,  the  carter’s,  and,  the  day  after,  we  went  back  to  Mr  Rosier 
and  stayed  with  him,  below  the  falls  of  that  great  river  Potomack,  where 
1 remained  some  time,  waiting  for  my  people.  The  remnant  of  the  com- 

*Promises, — I suppose.  (Translator.) 

fSpelleil  sometimes  Canaieest,  sometimes  Canawest,  by  De  Graffenried.  (Translator.) 

+ De  Graft'enrd  spells  it  Sugar  love  (!)  but  there  is  no  doubt  as  to  his  real  intention,  as 
he  gives  the  Freneh  meaning  of  sugarloaf  (pain  de  sucre).  The  Germans  are  prone  to 
change  v into  f,  and  reciprocally.  Hence  his  error.  (Translator.) 


COLONIAL  KKCOKDS. 


9(»() 


panv  took  their  way  to  Pensylvania,  disgusted  at  M.’s  tergiversations 
and  queer  behaviour. 

A few  reasons  to  show  how  easy  if  was  to  be  duped  by  M.  Many,  more 
c/ever  than  I claim  to  be,  having  fallen  into  the  snare. 

It  is  to  be  noticed  here,  that  Mr  M.,  whom  I do  not  name  here,*  out 
of  regard  for  his  family  and  relations  at  Bern,  (who  are  distinguished 
people),  has  fooled  many  people  by  his  tales  about  these  rich  silver  mines, 
— and  if  I was  duped  myself,  it  is  no  wonder,  being  a stranger  in  these 
countries.  My  motives  were  the  following:  (1)  I thought  a man  of  his 
family  was  wholly  incapable  of  such  a trick,  especially  towards  a fellow- 
countryman;  (2)  the  ore  which  he  had  exhibited  had  been  tested  and 
found  rich;  (3)  So  many  people  from  Pennsylvania  & other  neighbouring 
provinces  had  openly  made  the  trip,  with  permission  of  the  competent 
Governors,  for  the  discovery  of  these  mines,  there  really  appeared  to  be 
some  facts  at  the  foundation  of  the  whole  matter;  (4)  Among  others,  a 
merchant  from  Pensylvania  was  interested  in  it,  a very  able  man, — a 
skillful  goldsmith,  and  other  persons  who  were  supposed  to  know  the 
region  well.  Seeing  that  these  clever  people,  raised  from  childhood  in 
these  countries,  some  even  born  there,  risked  important  sums  in  that  bus- 
iness, I could  not  imagine  that  they  had  not  taken  every  kind  of  pre- 
cautions and  sureties.  About  this  humbug,  an  elaborate  history  could 
be  written,  and  funny  enough  would  it  be,  but  I go  on  with  my  narra- 
tive. 

As  to  me,  I should  console  myself  of  my  loss  in  this  matter,  however 
important,  for  my  whole  enterprise  was  based  on  that  supposed  founda- 
tion,— but  I pity  the  poor  miners,  who  left  what  certainly  they  had  in 
Germany,  for  uncertainty  in  America.  They  had  a good  handicraft,  and 
now  they  have  nothing  but  what  they  can  get  from  some  cleared  land, 
where  they  have  to  live  in  the  scantiest  way. 

This  be  said,  on  the  way,  to  show  that  I was  not  alone  to  be  caught. 
What  is  more  surprising,  is  the  fact  that  Mr  M.  had  made  a contract  in 
due  form  with  the  miners,  and  made  a voyage  to  Holland  in  order  to 
meet  the  head-miner,  who  had  to  get  together  all  necessary  tools  and 
things  for  this  enterprise,  at  an  expense  of  nearly  1000  Lb.  Strlg. 

In  short,  all  circumstances  seemed  to  be  real  & solid.  Mr  Penn,f 
Proprietor  of  Pennsylvania,  was  thoroughly  acquainted  with  all  these 

*The  man  is  evidently  Mr.  Michel,  named  at  page  120  of  MS.,  as  will  be  tested  bv 
comparing  my  annotation  (page  115  of  MS.),  the  statements  of  page  115  and  those  of 
pages  126  & 127  of  MS.,  (Michel  being  the  leader  of  the  colonists).  (Translator), 
t De  Graflenreid  spells  Penn:  “Penne”  (French  e mute).  (Translator). 


COLONIAL  RECORDS. 


961 


facts,  and  favored  us  greatly;  he  even  appointed  Mr  M.  as  Director-Gen- 
eral of  all  minerals  in  his  Province,  and  things  went  accordingly,  as  far 
as  a very  important  contract .*  Who  could,  amidst  such  proceedings  and 
among  such  circumstances,  doubt  the  reality  of  facts? 

Fine  situation  of  the  lands  above  and  below  the  falls  of  Potomack  Hirer, 

where  we  aimed  to  establish  a colony. 

I believe  there  are  hardly  any  finer  and  better  situated  sites,  in  the 
whole  world,  than  that  of  the  Potomack  and  Canavvest,  a region  which 
we  thought  of  dividing  between  two  small  colonies.  The  first  was  to  be 
just  below  the  Falls,  where  are  found  a very  pretty  island,  very  good 
lands,  and,  on  the  opposite  side,  a place,  between  the  great  river  Poto- 
mack, and  another  small  river  called  Gold  Creek, (which  means  in  French, 
“Riviere  doree”:  [gilded  stream.]),  very  convenient  to  receive  whatever 
comes  from  the  upper  River,  as  well  as  what  comes  down  from  above  (be- 
low/— Translator ) the  falls  and  surroundings  ; — the  biggest  merchant  ships 
may  sail  there .** 

Arrival  of  a messenger  from  Carolina.  lie  brings  bad  news  about  my 

brigantine. 

The  other  colony  was  to  be  located  near  Canavest,  as  may  be  seen  bv 
the  map.f  Having  received  in  two  months,  not  the  slightest  news  from 
Carolina,  I at  last  got  very  bad  ones  by  a special  messenger.  Mr  M. 
informed  me  in  a few  words:  “ That  the  bearer  of  the  note  wished  to  get 
the  command  of  our  Brigantine,  and  that  1 was  to  agree  with  him. 
That,  as  my  brigantine  had  brought  to  News  the  long  wished  for  wheat, 
it  had  run  aground  on  its  return,  on  a sand-bank,  that  it  was  in  poor 
condition,  and  had  been  worm-eaten  in  hot  weather,  wanted  new  sail 
ropes  and  other  implements,  that  it  was  sunk  deeply  into  the  sand  and 
could  not  be  got  off  from  there, — that  1 was  to  go  to  Carolina  as  soon  as 
possible.”  lie  made  no  mention  whatever  of  the  man-of-war  sent  from 
Virginia  to  meet  it,  and  of  what  other  had  happened  during  such  a long 
space  of  time.  This  so  disgusted  me,  that  I was  for  dying  of  grief  and 


*1  give,  above,  the  only  plausible  translation  of  an  otherwise  incomprehensible  sen- 
tence. 

**  I acknowledge  that  the  whole  underlined  sentence  shows  very  little  sense, — but  it 
is  a faithful  translation,  absolutely  literal.  Evidently,  the  word  “above”  (dessus)  seems 
to  be  there  for  below  (dessous).  (Translator.) 

fThe  authenticated  copy  of  the  MS.  says  nothing  of  that  map,  probably  lost.  (Trans- 
lator.) 


117 


COLONIAL  RKCOUDS. 


M>2 


weariness;  such  bad  news  and  strange  intelligence  absolutely  stunned  me, 
so  that  nothing  would  have  been  more  likely,  than  the  shock  had  turned 
my  brain. 

After  so  much  pains  taken,  all  orders  given,  and  the  necessary  provi- 
sions made, — and  all  that  for  nothing! — I sent  the  Captn  back  not  much 
pleased,  with  orders,  however,  to  repair  the  ship  as  well  as  possible,  and 
most  quickly,  since  she  had  only  a little  way  to  go,  along  the  seashore. 

1 wrote  also  to  Col1  Pollock,  as  being  better  supplied  than  any  one 
else:  “Since  the  vessel  was  in  the  Province’s  service,  every  thing  of  alt- 
solute  necessity  was  to  be  provided;  ” I added,  that  I should  look  to  the 
other  things  wanted  at  Virginia’s  expense.  But  everything  was  put  off 
in  such  way,  that,  if  I wanted  it  to  be  done,  I had  to  go  myself. 

My  return  from  Vie  Potomack  to  Virginia , and  arrival  at  the  Governors. — 

My  surprise  to  hear  such  bad  news  from  the  Governor.  He  tells  me 

how  the  man-of-war  had  sailed  uselessly  to  Carolina. 

When,  being  on  my  way,  I went  to  the  Govr  of  Virginia,  I found 
him  looking  cold  and  indifferent,  and  quite  changed  towards  me,  and  I 
could  not  imagine  why;  at  last,  that  lord  himself  explained  his  attitude, 
but  with  heavy  reproaches,  asking  what  consideration  we  had  for  him, — 
that  he  would  have  hoped  to  see  his  attentions  better  recognized,  as  well 
as  his  services,  which  were  so  considerable,  and  which  he  would  certainly 
not  have  rendered  to  any  individual  whatever, — that  instead  of  showing 
him  due  thankfulness,  we  treated  him  most  flippantly,  and  so  on. 
Abashed  at  what  I heard,  I excused  myself,  without  knowing  well  what 
he  was  aiming  at;  I asked  for  an  explanation,  though,  and  the  Govrwent 
on:  “ Yes,  yes,  your  fine  fellow  M.  has  played  me  a foul  trick,” — and 
proceeded  to  tell  me,  how  according  to  our  agreement,  he  sent  a well- 
equipped  man-of-war  to  fetch  the  Brigantine  & my  people,  to  escort 
them, — how  the  Captn  of  the  ship,  after  waiting  nearly  for  six  days  be- 
fore Coratuck  Island,  became  impatient,  as  nobody  came  near  him, — how 
he  had  sent  his  Lieutenant  in  the  yawl,  in  order  to  inquire  for  news  of 
my  Brigantine  and  people,  which  nobody  knew  anything  about  it, — how, 
drawing  near  to  a small  village  called  Little  River  he  ascertained,  at  last, 
that  Mr  M.  was  at  New  Bern,  and  the  Brigantine  stranded  on  a sand 
bank,  in  poor  condition,  and  that  it  could  not  be  tugged  awav, — how  the 
Lieutenant  having  heard  of  that,  brought  the  news  quick  to  the  Captain, 
who  was  indignant,  after  having  made  a useless  and  dangerous  voyage, 
not  to  have  been  told  what  had  happened, — inasmuch  as,  if  a storm  had 
risen  at  the  time,  he  would  have  been  obliged  to  take  to  high  waters, — 


COLONIAL  RECORDS. 


9G3 


or  he  would  have  gone  under  with  his  crew,  if’  thrown  against  the  land, 
the  water  being  very  shallow  at  that  place; — and  how,  consequently, 
without  waiting  any  longer,  he  had  sailed  to  Virginia. 

Cross  accident. — 1th  mishap. 

This  unpleasant  narration  being  over,  I thought  of  fainting  right 
away,  overwhelmed  by  surprise,  grief,  and  shame,  at  the  idea  that  a lord 
of  his  character,  to  whom  I had  such  obligations,  who  had  done  me  so  much 
good,  and  had  such  attentions  for  me, — to  whom,  after  God,  I very 
nearly  owed  my  own  life, — had  been  trifled  with  in  such  a way.  I 
offered  him  the  best  excuses  1 knew,  and  told  how  strangely  I had  been 
deceived  myself,  when  I was  already  quite  ready  to  settle  near  (lie  Poto- 
mack  falls,  and  how  I was  sadly  puzzled  how  1 should  get  out  from  such 
a labyrinth. 

The  Governor  then  presented  me  with  a glass  of  wine  to  refresh  my- 
self, and  began  to  sav  lie  was  sorry  for  me,  that  1 had  to  deal  with  such 
a, queer-headed  fellow, — advised  me  to  part  with  him,  etc. 

My  departure  from  Virginia  to  Carolina. — My  arrival  in  Carolina. — My 
request.  Had  my  brigantine  should  be  repaired  at  the  Province’s  expense, 
since  it  was  wrecked  in  its  service. — My  brigantine  given  over  to  the 
Province. 

Having  spent  the  night  at  the  Governor’s  and  received  many  atten- 
tions, 1 set  out  in  great  haste  for  Carolina,  in  order  to  take  the  necessary 
measures.  As,  formerly,  I had  also  ordered  sails  & ropes  to  repair  the 
Brigantine  as  wanted,  at  mv  arrival  at  Mr  Hyde’s,  (the  Govr  of  Caro- 
lina), I heard  thoroughly  of  what  all  had  happened,  and  1 do  not  know 
of  what  more!  I first  wrote  to  Mr  M.  to  get  a thorough  information 
about  every  thing,  but  he  gave  me  no  satisfaction,  and  I had  to  summon 
him  to  come  to  me,  in  order  to  take  the  needed  measures  about  one  thing 
and  the  other,  but  1 was  not  obeyed.  1 accordingly  tried  to  advance 
matters  in  some  other  way,  and  asked  the  Governor  and  council  that, 
since  the  Brigantine  had  been  thus  spoiled  in  the  Province’s  service,  it 
was  only  just  that  it  should  be  repaired  at  public  expense, — and  my 
request  was  granted.  An  able  man  was  accordingly  sent  to  that  purpose 
to  examine  and  repair  the  Brigantine,  but  I was  so  badly  provided  with 
eatables  and  other  means,  that  he  even  returned  very  sick,  the  great  heat 
having  injured  him.  He  informed  me  that  the  Brigantine  could  not  hold 
out  much  longer,  as  it  had  been  exposed  to  heat  through  all  summer, 
woi*m-eaton,  and  that  it  ought  to  be  rebuilt  all  over,  but  was  not  worth 


COLONIAL  RECORDS. 


%4 


such  work.  I accordingly  gave  the  Brigantine  over  to  the  Province, 
and  I wanted  it  to  be  estimated  at  the  same  figure  as  when  it  entered  the 
Province’s  service,  but  they  hardly  assessed  it  at  half-price,  and  that  is 
not  paid  yet,  any  more  than  the  value  of  the  smaller  one,  which  was 
blown  up  by  that  powder-keg  which  took  fire.  (See  page  114  of  MS.) 

N.  B. — From  this  point  of  the  narration,  to  the  following  X.  B.,  1 
could  well  suppress  the  facts  about  Mr.  M.  as  doing  me  not  much  honor; — 
I however  have  recorded  them,  in  order  to  justify  myself  before  the 
Society, — as  well  as  before  the  miners. 

Where,  meanwhile,  had  I to  go  with  my  people?!  I wrote  again, 
with  the  most  strong  expressions,  to  M.,  requiring  a conference,  in  such 
delicate  conjunctures,  considering  moreover  that  the  creditors  began  to  stir, 
and  wanted  to  be  paid.  I got  no  answer,  but  1 heard  that  M.  was  pack- 
ing up  every  thing,  under  pretence  of  putting  my  movables  in  safety,  with 
the  intention  of  going  to  S.  Carolina, — that  he  had  already  induced  a 
few  Palatines  to  go  with  him.  Such  a fraudulent  trick  obliged  me  to 
take  other  measures, — and  I was  warned  to  put  my  property  in  better 
hands, — but  too  late.  As  Col.  Pollock,  to  whom  1 owed  an  important 
sum  for  provisions  lent  to  the  Colony,  began  to  become  suspicious,  what 
may  be  easily  understood  in  the  circumstances,  1 requested  him  to  have 
a legal  inventory  taken,  by  sworn  commissioners,  of  all  things  belonging 
as  well  to  the  Colony,  as  to  myself,  but  my  best  things  were  already 
gone. 

My  remonstrance  to  Mr.  M.  about  the  grievous  circumstances, — and  the 

needed  remedy.  I get  no  satisfaction. 

When  I thought  of  the  whole  behavior  of  M., — how  he  had  disposed 
things  in  such  a strange  way, — and  misled  all  interested  people, — 1 
could  not  but  suspect  evil,  and  wrote  to  him,  for  the  last  time,  remon- 
strating, historically,  about  all  facts  that  had  come  to  my  knowledge 
from  different  sides,— not  reproaching  him  as  yet, — but  showing  that 
“ should  he  be  suspected,  he  had  given  himself  many  reasons  for  it,  by 
behaviour  & tergiversations,  what  would  be  easier  to  say  than  to  write. 
Things  being  carried  so  far,  we  had  to  take  strong  resolutions, — and  it 
was  absolutely  necessary,  that  we  should  speak  over  these  matters  thor- 
oughly, and  adopt  the  last  possible  measures, — that  there  was  pericu- 
lum  in  mora but,  instead  of  a conference,  I got  nothing  out  of  him 
but  an  ambiguous  and  unsatisfactory  letter.  I believe  he  was  glad 
to  find  a pretext  for  giving  a specious  appearance  to  his  tricks,  and  to  get 


COLONIAL  RECORDS. 


965 


rid  of  what  he  could  not  accomplish  according  to  his  designs.*  I should 
have  ample  reasons,  not  only  to  complain  of  his  inexcusable  proceeding, 
but  to  resent  it  keenly;  however,  in  order  to  spare  his  respectable  rela- 
tions, 1 do  not  mention  many  things  about  him,  and  there  would  be,  for 
me,  no  glory  in  revenging  myself  on  a wretch  of  his  sort. 

That  rogue,  71/.,  propones  an  establishment  on  the  Mesesipy. 

There  were  such  extravagant  things  in  that  letter,  that  it  did  really 
show  that  not  only  I had  been  duped,  but  many  others; — especially  did 
M.  mention  a new  enterprise,  which  he  thought  a great  deal  of,  viz:  to 
settle  a colony  along  the  Mesesipy  River — to  which  3 crowns  pretend  to 
have  claims:  Spain,  France,  and  England, — he  expressed  the  opinion, 
that  the  State  of  Bern,  being  neutral,  could  obtain  at  once  this  region 
from  those  three  crowns ! But  it  has  to  be  considered:  (1)  That  these 
powerful  States  are  jealous  among  themselves,  and  none  of  them  would 
yield  to  the  other;  (2)  that  the  State  of  Bern  is  absolutely  unable  to  as- 
sist and  maintain  such  a far-off  country,  as  it  has  no  maritime  forces.  Jt 
may  be  easily  seen,  therefore,  that  M.  was  most  hazardous  in  his  calcula- 
tions, and  that  such  freaks,  from  Pennsylvania  to  Maryland,  from  there 
to  Virginia,  then  again  to  North  Carolina,  afterwards  to  South  Carolina, 
and  at  last  on  the  Mesesipy, — will  not  do,  by  any  means! 

The  conclusion,  concerning  the  silver-mine  of  Virginia, — or  Mary- 
land,— is  soon  drawn  from  what  has  just  been  said:  if  there  was  any- 
thing in  it,  why  should  he  leave  it  then  and  there  to  stray  towards  the  Gulf 
of  Mexico ! 

N.  B.  My  hair  stands  on  end,  when  I consider  how  many  families 
have  been  endangered  and  ruined,  for  having  too  easily  believed  in  that 
alleged  Silver-mine.  I especially  pity  so  many  miner-families  who  left 
their  country,  on  the  faith  of  a formal  contract,  came  at  great  cost  to 
America,  and  there,  found  neither  Mr  M.  nor  nobody  to  show  them  where 
the  mine  was  to  be.  I must  make  an  end  of  this  grievous  matter;  if 
not  I should  go  too  far  into  it,  and  there  would  remain  no  space  for  other 
topics;  indeed,  this  was  not  my  intention  as  I began. 

/ am  compelled  to  stay  at  Governor  Hyde’s,  until  the  conclusion  of  the  Tn- 

dian  peace.  Everybody  sick  at  the  Governor’ s.  His  death. 

I come  back  to  my  narration  about  Carolina:  having  thought  about 
all  those  matters,  and  considering  what  little  help  I could  hope  to  get 

*1  acknowledge  that  this  passage  (underlined)  is  obscure,  hut  it  is  literal.  (Trans- 
lator.) 


COLONIAL  RECORDS. 


966 


from  Bern, — where  my  bills  of  exchange,  one  after  another,  were  pro- 
tested,— some  remedy  was  to  be  found,  in  such  unpleasant  circumstances, 
and  in  such  pressing  necessity.  J however  did  not  in  the  least  think  of 
returning  to  Europe, — as  I still  had  2 negro  slaves  at  Governor  Hyde’s, 
my  property,  and  thought  to  take  them  with  me,  in  order  to  employ  them 
near  Canavest;  I thought,  indeed,  of  settling  among  the  Indians  of  this 
latter  country,  and  to  attract  there  several  colonists  from  Carolina,  accord- 
ing to  their  great  desire  and  express  intentions.  But  Govr  Hyde  detained 
me  so  long,  (peace  being  not  yet  fully  ratified  with  the  Indians,  he  in- 
sisted upon  securing  mv  presence  at  its  conclusion),  that  one  of  my  cred- 
itors contrived  to  cunningly  watch  my  negroes,  in  order  that  they  could 
not  escape.  Meanwhile,  we  all  became  sick  in  Mr  Hyde’s  house,  in  con- 
sequence of  the  great  heat,  and  also,  probably,  of  eating  too  many  peaches 
and  apples,  so  much  so,  that  at  last  the  Governor  died  [Sept.  1712]  in  a 
few  days,  what  also  did  me  much  damage, — for  he  was  my  good  friend. 
This  death  nearly  drove  his  wife,  Mra  Hvde,  to  despair,  and  she  instantly 
begged  of  me,  with  tears  in  her  eyes,  not  to  leave  her  in  such  sad  circum- 
stances, but  to  remain  with  her  until  everything  would  be  settled,  as  well 
in  reference  to  the  Government  affairs,  as  on  account  of  her  claims  and 
of  her  husband’s  inheritance.  She  further  argued,  that  according  to  the 
law  and  to  my  rank,  the  “ I’residial  ”*  belonged  to  me,  as  being  Land- 
grave of  the  Province,  adding  that  she  had  lately  perceived,  at  London, 
from  the  Lords  Proprietors  that,  if  there  was  to  be  a vacancy,  they  would 
entrust  me  with  the  Government.  But  I civilly  thanked  her,  and  pointed 
to  other  motives  which  prevented  me  from  accepting  it.  I however 
promised  to  stay  a couple  of  weeks,  in  order  to  help  her  as  well  as  I 
could  to  despatch  her  business, — though  mine  was  certainly  quite  as  press- 
ing. 

The  Council  of  Carolina  offers  the  Presidial  to  me. — My  refusal  of  the 

same. — Col.  Pollock  accepts  the  Presidio/. 

After  the  burial,  Col.  Pollock,  the  oldest  in  the  Council,  came  to  me, 
with  the  other  members,  and  asked  me  to  accept  the  “ Presidial,”  what  I 
refused  for  good  reasons,  pointing  to  the  fact  that  Col.  Pollock,  as  the 
oldest  member,  as  well  in  years  as  in  the  Council  itself,  ought  to  accept 
that  office, — that  he  knew  better  than  me  about  the  affairs  of  the  Prov- 
ince, as  I was  an  unexperienced  stranger,  and  he  accepted  at  last,  with 
many  compliments. 


*1  suppose  that,  all  through  this  page,  by  “Presidial,”  is  meant  for  Presidency. 
(Translator.) 


COLONIAL  RECORDS. 


nr.7 


T he  LL.  Proprietor s delay  for  six  months  the  election  of  a new  ( lovernor. 

.1  //'.  Eden  appointed  Governor  of  N.  Carolina. 

The  Lords  Proprietors,  however,  were  told  about  all  these  proceedings, 
— and  it  was  suggested  to  them,  that  it'  the  Government  was  given  to 
me,  I should  not  refuse  it,  but  that  1 would  not  ask  for  it,  what  also  met 
with  their  approval,  “without  further  consideration,  as  formerly.”  I »ut , 
as  it  was  known,  that  I was  heavily  in  debt  in  Carolina,  and  that  already  a 
few  bills  of  exchange  of  mine  had  been  protested,  the  question  was  delayed, 
until  some  notice  could  come  from  Bern,  where  1 had  written,  to  know 
for  certain  whether  payment  would  follow  or  not.  It  is  also  customary 
that  the  claimants  appear  themselves  for  application  in  such  circumstances  ; 
accordingly,  six  months  passed  away  wit  hout  any  election  of  a Governor, 
although  several  persons  had  applied  in  London, — and  the  actual  Gov- 
ernor, Mr  Eden,  became  justly  impatient,  the  more  so  that  for  such  a long 
time  no  notice  came  neither  from  Bern,  nor  from  myself.  The  LL.  Pro- 
prietors at  last  elected  and  instated  the  said  Mr  Eden, — whom  1 still  met  in 
London,  had  a conference  with  him,  and  recomended  to  him,  at  mv  best, 
mv  interests  and  those  of  the  colony,  which  he  promised  to  look  after, — 
and  offered  me  in  all  sincerity  his  aid, — which  to  give  me  he  was  also 
commanded  by  the  LL.  Proprietors. 

My  stay  near  London , at  Sir  Colleton's,  baronet. 

When  I lately  passed  through  London,  I stayed,  after  mv  arrival, 
seven  days  at  the  country  house  of  Sir  Colleton,  knight  and  baronet,  also 
a Lord  Proprietor,  and  my  good  personal  friend, — his  residence  being  6 
miles  distant  from  London. 

He  was  delighted  to  see  me,  and  also  very  sorry  that  1 came  too  late, 
saying  that,  if  I had  arrived  only  one  month  sooner,  1 should  be  at  this 
hour  Governor  of  Carolina  ; I was  not  very  sorry  for  it  myself,  as  I was 
unfortunately  well  aware,  that  they  did  not  feel  disposed,  in  Bern,  to  pay 
mv  debts,  my  relations  as  little  as  the  Society,  which  feels  discouraged  by 
so  many  annoyances. 

My  departure  from  Carolina. — Arrival  in  Virginia. — I go  on  my  way  to 

Maryland. 

I have  nearly  lost  my  way,  and,  instead  of  going  to  Virginia,  I have 
come  to  London  l\  . ...  To  take  up  my  narration  where  I left  it,  a few 

days  before  I took  leave  of  Mrs  H vale,  the  Governor’s  widow,  1 sent 
secretly  word  to  the  negroes,  bv  mv  footman,  to  cross  the  river  by  night, 
without  noise  and  secretly,  and  to  wait  there  for  me  to  go  with  me  to 


COLONIAL  RECORDS. 


oi;s 


Virginia,  which  suited  them  very  well,  (since  they  were  dealt  harshly 
with),  but  I do  not  know  how  they  did,  something  was  found  out  and 
they  were  arrested ; so  I had  to  leave  them  behind  me,  what  seriously 
changed  matters.  I started  accordingly,  and  came  soon  at  Gov.  Spots- 
wood’s  in  Virginia;  I told  him  of  all  my  annoyances  and  he  much  pitied 
me.  But  1 remembered  the  meeting,  appointed  with  one  of  the  interested 
parties  on  Potomack  River,  and  did  not  stay  long  at  Williamsburg,  but 
went  on  my  way  to  M aryland,  hoping  to  find  him  at  Mr  Rossier’s,  near 
the  great  falls,  and  to  take  with  him  the  last  measures.  But,  when  1 
thought  of  crossing  the  River  with  my  horses  near  the  pointed  foreland 
of  Maryland,  a great  wind  arose  and  prevented  me.  As  soon  as  it  fell, 
I went  on,  crossed,  and  went  towards  the  Fall. 

Not  finding  in  Maryland  the  people  J mine  to  nee,  I go  bad;  on  the  name 

way. — My  return  to  Virginia. 

When  I arrived  at  Mr  Rossier’s  house,  I found  neither  him  nor  his 
wife,  nor  the  person  above  mentioned;  the  first  had  gone  visiting  at  some 
relation’s  at  the  distance  of  one  day’s  travel,  and  the  other  gentleman  had 
just  gone  away  the  day  before,  thinking  to  meet  me  in  Virginia.  Though 
very  much  tired  by  such  a long  voyage,  I just  stopped  to  take  a little 
food,  and  went  the  same  way  back,  so  fast  that  my  horses  were  overrun, 
and  that  we  were  compelled  to  walk  one  day  on  foot,  before  arriving  at 
Williamsburg. 

Immediately  after  my  arrival,  I asked  whether  Mr  M.  was  there,  but 
I heard  that  he  was  at  Hampton  or  Guiguetan,  the  first  seaport  of  Vir- 
ginia; I sent  immediately  my  footman  there,  with  a hired  horse,  but  he 
did  not  find  him,  because  that  gentleman  was  glad  to  avail  himself  of  a 
favorable  opportunity  for  returning  home,  as  he  happened  to  find  there  a 
man-of-war,  whose  captain  was  his  good  friend,  ready  to  sail  for  “the 
new  York.”  After  having  inquired  about  me  and  the  colony,  heard  of 
Gov.  Hyde’s  death,  and  ascertained  that  my  affairs  all  went  the  wrong 
way,  he  left  for  me  a letter,  which  I never  received,  and  left  for  New- 
York,  which  is  not  far  from  Burlington,  a very  nice  borough,  built  in 
Dutch  fashion,  on  the  limit  between  New-York  and  Pennsylvania,  where 
I most  of  the  time  resided.  This  important  appointment  having  again 
failed,  I felt  much  desponded,  then  he  was  my  last  resource,  being  a man 
of  sense,  honest  and  upright,  and  a skilfull  merchant.  What  surprised 
me  was  that  an  intelligent  man  as  he  was  had  so  much  trusted  M.  and 
had  advanced  him  so  much  money,  and  that  same  fact  made  me  believe 
that  there  was  still  some  reality  in  the  mines. 


COLONIAL  RECORDS. 


!»(!!) 


I stay  during  the,  winter  at  a friend’s  in  Virginia. 

What  was  I to  do  in  such  unhappy  a conjuncture?  Il  l had  had  any 
means  to  settle  at  Cana  west,  I would  have  returned  there.  Instead  of 
going  to  Govr  Spotswood,  I went  to  a private  friend,  intending  to  try  one 
thing  more.  I sent  my  footman  to  Carolina,  partly  to  ascertain  if  Mr 
M.  had  left  no  answer  for  me, — believing  he  might  have  resolved  some 
new  scheme, — partly  to  know  which  way  he  had  gone;  Item:  if  he  had 
left  nothing  of  my  clothes  and  house-linen;  Item:  to  know  if  perhaps 
the  negroes  had  escaped,  because,  in  case  I could  catch  them,  I would 
have  been  able  to  do  something  in  Canawest,  where  they  could  have 
planted  grain  and  taken  care  of  the  cattle.  But  my  footman  came  back 
without  having  done  anything, — he  was  told,  however,  that  if  I could 
send  a brigantine  or  big  barge  full  of  provisions  to  the  Bernese  colonists 
and  a few  honest  Palatines,  they  would  come  to  me,  trusting  still  to  re- 
trieve my  losses  with  the  mines  which  I had  with  Govr  Spotswood. 

Last  resource  to  get  a partner , a person  of  means  and  distinction. — Mis- 
hap. 8th  cross-accident.  A noted  merchant  threatens  me  and  toil/  ar- 
rest me  for  a protested  bill  of  exchange. 

Upon  this  notice,  I wrote  to  a distinguished  person,  a fieh  man,  mem- 
ber of  the  Queen’s  Council,  and  my  intimate  friend,  who  could  have  gone 
into  copartnership  with  me  for  this  new  colony,  with  a request  to  provide 
us  with  all  necessaries.  Being  deeply  engaged  in  that  matter,  and  be- 
lieving that  I had  found  some  means  to  get  out  of  trouble,  I got  notice, 
that  a merchant  who  had  against  me  a protested  bill  of  exchange  intended 
to  arrest  me,  the  writ  having  already  been  served  at  the  house  where  I 
lived,  as  I took  good  care  not  to  show  myself.  1 then  consulted  with 
my  good  friends,  asking  if  I could  live  in  safety  at  Cana  vest,  or  in  some 
other  place  in  America.  But  they  answered  me:  “Nowhere,” — for, even 
if  I had  been  among  the  Indians,  I should  have  been  detected  by  the 
Indian  traders,  what  made  me  very  anxious,  as  I saw  that  there  were  no 
more  resources  for  me  in  America, — unless  I could  hope  to  draw  enor- 
mous sums  from  mv  original  home,  or  should  find  some  new  partners, 
which  would  have  been  possible,  but,  when  found,  they  would  of  course 
have  nothing  to  do  with  the  old  debts. 

I pondered  over  some  letters  which  I had  received,  and  which  did  not 
much  satisfy  me,  and  went  in  great  grief  to  Gov.  Spotswood’s  residence, 
Williamsburg,  to  explain  to  him  my  deplorable  condition  and  to  tell  him: 
“Governor,  I am  in  such  straits  that  1 do  not  know  any  more  which  way 
to  turn;  be  kind  enough  to  a poor  unfortunate,  to  give  him  some  pru- 
118 


070 


COLONIAL  RECORDS. 


dent  advice.”  After  having  noticed  the  right  time,  I took  my  chance, 
asked  for  an  intcrviaw,  which  he  immediately  granted  to  me. 

The  Unvernor  of  Virginia  advises  that  I .should  70  to  Kurope. 

After  T had  told  him  all  my  mishaps  and  wretched  adventures,  and 
added  that  it  had  come  so  far,  that  I was  threatened  to  he  arrested,  the 
Governor  answered,  that  he  took  great  parts  in  my  misfortune,  that  he 
was  surprised  that  I should  be  abandoned  in  such  a manner,  especially 
by  the  Society, — and  that  he  knew  of  no  better  advice  for  me  than  to  re- 
turn to  Europe.  He  offered  to  me  his  recommendation  to  a good  friend 
of  his,  who  was  to  obtain  that  a distinguished  lord,  his  protector,  should 
kindly  present  a petition  to  the  Queen  in  my  behalf.  I was,  afterwards, 
to  go  to  Bern,  to  expound  matters  thoroughly  to  the  Society,  and  solicit 
from  them  the  payment  of  the  bills  of  exchange.  I imparted  this  advice 
to  several  among  my  best  friends,  who  all  were  of  the  same  opinion. 
But,  winter  being  near,  as  in  such  season  no  ships  are  found  to  sail  to 
Europe,  I remained,  through  the  winter,  which  is  not  very  long  in  those 
quarters,  at  a good  friend’s,  and,  as  1 did  not  like  at  all  the  idea  of  re- 
turning to  Europe,  far  less  to  my  native  country,  I did  not  fail  to  make 
ardent  and.  repeated  prayers  to  the  Almighty,  that  He  might  put  me  in 
mind  what  T was  to  do  in  such  a delicate  conjuncture,  and  guide  me  ac- 
cording to  His  holy  will,  in  order  to  get  more  blessing  in  my  designs, 
and  to  take  a resolution  favourable  for  my  soul.  Indeed,  if  I had  had 
no  other  aim  than  to  spend  the  balance  of  my  existence  in  making  some 
kind  of  a living  (in  keeping  body  and  soul  together),  I could  have  find 
still  some  kind  of  device.  But  I felt  grievous  to  leave  the  Colony, — 
and  again,  when  1 took  into  consideration  what  I had  to  thank  God  for, 
especially  my  miraculous  rescue, — and  how  everything  went  wrong  for 
me  in  this  country, — it  brought  me  nearly  to  believe  that  it  was  not 
God’s  will,  that  I should  stay  longer  in  that  country, — that  there  was  no 
favorable  star  for  me, — and  I accordingly  formed  the  unshaken  resolu- 
tion to  depart. 

I comforted  myself  in  thinking  that  perhaps  these  colonists  could  bet- 
ter subsist  among  these  Carolinians,  who  in  that  time  were  as  able  to 
assist  them  as  I.  I felt,  accordingly,  less  responsibility,  and,  besides,  I 
did  not  do  what  I did  with  the  intention  of  abandoning  them  entirely, 
though  many  of  them  had  given  me  good  motives  of  doing  so. 

But,  in  ease  I should  obtain  a favorable  hearing  from  Her  Britanic 
Majesty,  and  more  assistance  from  Bern,  I thought  I could  return  more 
gladly  & more  profitably, — and  that,  if  I should  unluckily  not  succeed 


COLONIAL  RECORDS. 


971 


in  that  negotiation,  I should  ho  compelled  to  give  up  that  colony  to  t he 
LL.  Prop8  & to  the  creditors,  and  to  remain  quiet  in  my  native  coun- 
try, and  to  spend  the  remainder  of  mv  days  “ with  the  repentance”  of  so 
much  time  lost,  in  a true  humiliation  and  sincere  moral  improvement,  not 
doubting  that  the  sins  of  my  youth  have  called  upon  me  such  dispensa- 
tion. However  hard  the  latter  may  seem,  it  was  not  so  much  so  as  I had 
undoubtedly  deserved  it. 

I must  accordingly  give  up  every  superfluous  & worldly  care,  and  all 
the  more,  look  after  my  poor  soul,  with  God’s  grace. 

The  Colonists  themselves  were  the  cause  of  their  own  disasters,  by  their  un- 
godly and  unruly  life,  by  which  no  blessing  from  God  could  be  called 
upon  them. 

N.  B. — I stated  above,  about  that  colony,  that,  although  1 should  leave 
and  abandon  them,  and  that  so  many  misfortunes  could  happen  to  them, 
that  they  had  certainly  drawn  them  upon  themselves:  (1)  They  were, 

I mean  most  of  them,  unfaithful  to,  and  deserters  from,  their  true  sov- 
ereign, and  they  actually  did  act  in  the  same  way  towards  me,  having  left 
me  in  the  greatest  straits.  (2)  They  were  such  a criminal  and  ungodly 
set  of  people,  that  it  is  no  wonder  if  the  Almighty  has  punished  them 
bv  means  of  the  heathen, — for  they  were  worse  than  these, — and  if  1 had 
known  them,  as  well  as  T do  now,  the  Bernese  as  well  as  the  Palatines, 
*1  should  certainly  not  have  concerned  myself  about  them. 

As  to  the  Palatines,  I thought  of  picking  my  choice  among  the  better, 
according  to  their  appearance;  for  those  who  died  on  the  sea  and  before 
my  arrival,  I have  nothing  to  sav,  but  for  those  that  1 joined  there,  1 
found  most  of  them  to  be  ungodly  and  rebellious  people,  among  whom 
there  were  burglars,  thieves,  lewd  fellows,  profane  swearers,  slanderers,  etc. 
No  pains,  no  cares,  on  my  part,  could  keep  them  in  their  duty.  No 
admonitions,  no  threatenings,  no  punishments,  proved  to  be  of  any  use. 
God  knows  what  1 have  endured;  among  the  Bernese  were  two  families 
which  might  justly  be  called  the  “excrement”  of  the  country,  and,  with 
them,  the  proverb  proved  true:  “ 111  weeds  never  die  out.” 

I was  more  sorry  to  leave  such  a beautiful  and  good  country  than  such 
wicked  people.  There  were,  however,  some  little  goad  grain,  I mean  a 
few  persons  fearing  God,  who  loved  me  and  whom  I also  loved ; I wish 
them  all  kind  of  prosperity.  God  may  convert  the  balance! 

I low  I had  to  undertake  my  voyage  to  Europe. 

The  question  was,  how  to  undertake  the  voyage,  by  sea  or  by  land, 
li  could  not  be  done  by  sea,  as  the  captains  of  the  shi|>s  are  not  allowed 


972 


COLONIAL  RECORDS. 


to  take  on  board  any  person  in  debt,  who  bus  not  satisfied  his  creditors, — 
or  else,  to  be  held  answerable  for  the  said  person.  1 had,  accordingly,  to 
travel  bv  land  a very  long  way.  My  purse  being  not  enough  well  filled 
for  that,  I was  obliged  to  sell  some  silver  plate  which  I still  had  kept. 

1 explain  to  the  Colony  of  Carolina  the  necessity  of  my  voyage  to  Europe. 

Meanwhile,  I wrote  letters  to  the  colony,  pointing  to  the  necessity  of 
mv  voyage  on  account  of  their  deplorable  condition,  as  well  as  my  own ; 
1 sent,  at  the  same  time,  letters  to  the  President  and  to  the  Council,  tell- 
ing them  also  my  motives  and  recommending  to  them,  the  best  I could, 
this  forsaken  and  shattered  colony. 

I take  leave  of  the  Governor  of  Virginia.  My  voyage  by  land  by  part  of 
Virginia,  Maryland,  Jersey,  Pensylvania,  as  far  as  New  York. 

After  I had  taken  leave  of  Govr  Spotswood,  who  entertained  me  splen- 
didly for  this  last  time,  I began  my  voyage  by  land  just  at  Eastern  1713. 
I went  through  nearly  all  Virginia,  Maryland,  Pennsylvania,  Jersey,  and 
at  last  happily  arrived,  thank  God,  at  New-York,  a fine  city,  very  well 
built  after  Dutch  fashion,  on  an  island,  on  the  side  of  which  is  a fine  and 
convenient  harbour,  situated  between  two  navigable  rivers,  with  a fortress; 
the  surroundings  are  charming, — there  are  3 churches  in  the  city,  an 
English  one,  a French  one,  and  a Dutch  one,  in  which  a German  service 
is  also  held.  There  is  plenty  of  everything,  and  one  can  have  anything 
which  one  wishes,  the  best  fishes,  good  meat,  all  kind  of  grains,  fruits,  & 
vegetables,  very  good  beer,  and  all  sorts  of  exquisite  wines,  etc. 

My  fortnight'1  s stay  in  N.  York; — the  town; — my  departure. 

I stayed  10  or  twelve  days  in  that  nice  place, — and  then  sailed  for 
England  in  a little  Brigantine.  I own  that,  at  first,  I was  afraid  to  cross 
that  big  Ocean  in  such  a small  ship,  but  I was  told  and  convinced  that 
there  was  not  so  much  danger  as  in  a large  one,  and  for  different  rea- 
sons : 

(1)  The  sails  are  more  easily  mastered  in  great  storms,  as  there  are 
much  less  to  manage ; 

(2)  The  small  ship  cuts  better  the  water,  and  goes  quicker  ; 

(3)  A small  ship  does  not  swing  as  much  as  a big  one; 

(4)  It  is  more  handy  to  load  and  unload,  and  is  very  useful  to  trade; 
such  a ship  makes  two  trips  during  a big  one  makes  only  one. 

Arrival  at  Bristol. 

Though  the  wind  was  nearly  always  contrary,  and  we  had  several  very 
rough  storms,  we  arrived,  however,  thank  God,  happily  at  Bristol  a tier 


COLONIAL  RECORDS. 


073 


G weeks.  This  town  may  well  bear  the  name  of  a “Small  London”  on 
account  of  its  good  harbour,  its  size,  great  trade,  wealth  and  dense  pop- 
ulation. 

I took  a few  days’  rest,  and  rode  on  horseback,  in  good  company,  to 
London,  because  the  voyage  by  stage  was  dangerous.  [1713] 

Cross-accident.  9th  mishap.  Death  of  the  Duke  of  Beaufort  & of  the 


I spent  there  several  months,  in  hopes  of  presenting  my  petition  to 
Queen  Ann,  by  the  hands  of  the  Duke  of  Beaufort,  my  protector,  who 
was  first  Lord  Proprietor,  and  Palatine  of  Carolina,  but,  a short  time 
before  the  date  at  which  he  was  to  hand  my  petition  to  the  Queen,  he 
died  suddenly,  another  blow  of  my  usual  bad  luck.  The  Queen  herself 
died  soon  after  him. 

After  that,  there  were  so  many  changes  at  the  Court  of  England,  that 
my  petition  was  not  presented,  and  1 well  saw  there  was  no  hope  of  any 
favour  in  this  new  Court,  for  a long  time,  though  it  might  be  supposed 
that,  after  a while,  this  new  King,  being  a German  by  birth,  would  feel 
inclined  favourably  for  that  affair.  Winter  being  inconvenient  for  travels, 
as  I could  do  nothing  under  such  circumstances,  I began  my  voyage  to 


I cannot,  however,  but  mention  that  when  1 arrived  at  London,  I was 
surprised  to  hear  that  the  head-miner,  T.  Tusties  Albrecht,  had  arrived 
with  70  other  miners,  what  gave  me  much  pains,  cares,  grief,  and  ex- 
pense. Indeed  these  men  came  most  inconsiderately  and  without  orders, 
thinking  all  necessaries  for  their  living  and  for  the  mining-works  ready 
for  them  ; but  there  was  no  such  thing,  and  my  purse  was  so  empty  that 
I had  hardly  enough  for  my  most  pressing  needs.  I had  spent  all  un- 
ready money  in  America,  and  found  no  bill  of  exchange  for  me  in  Lon- 
don, and  it  was  impossible  for  me  to  assist  such  a crowd  of  people.  It 
is  easily  understood  what  a burden  that  was  for  me,  as  they  believed 
that,  according  to  the  written  contract  which  they  held,  I was  bound  to 
assist  them,  what  would  indeed  have  been  the  case,  if  I had  given  them 
orders  to  come.  I had  however  written  to  them,  from  America,  several 
letters,  of  which  they  had  received  more  than  one,  by  which  I gave  them 
advice,  that  the  head-miner  T.  T.  Albrecht  was  not  to  come  until  further 
orders,  telling  them  that  there  was  nothing  to  do  in  the  mines,  on 
account  of  the  troubles,  and  of  the  Indian  war,  which  took  place  in  Car- 


Queen. 


Bern. 


Cross-accident.  10 th  mishap.  Unexpected  arrival  of  the  German  miners 
and  their  leader, — and  the  (/rent  trouble  they  gave  me. 


971 


COLONIAL  RECORDS. 


olina, — T added  that  Mr  M.  had  not  yet  disclosed  the  place, — hut  that,  if 
the  head-miner  was  willing  to  come  nevertheless  with  one  or  two  of  them 
besides  for  the  sake  of  prospeetiny  only,  he  might  do  it  of  his  own  accord. 
But  lie,  nevertheless,  without  further  consideration,  proceeded ,jind  took 
no  notice  of  these  tidings. 

What  was  I to  do?  I could  give  them  no  better  advice  than  to  return 
home,  which  they  did  not  like,  and  even  preferred  to  become  servants  in 
America,  for  4 years.  Meanwhile,  there  were,  as  yet,  no  ships  bound  for 
America;  they  had,  in  consequence,  to  stay  through  the  whole  winter  in 
London;  but  how  were  they  to  live?  I really  felt  sorry  for  them. 
However,  I was  in  a hurry  to  get  home;  I at  last  found  two  rich  & 
noted  Virginian  merchants,  to  whom  I proposed  and  recomended  that 
business  at  my  best;  besides,  1 took  counsel  from  a high  standing  lord, 
to  whom  I had  been  recommended  by  the  Governor  of  Virginia,  pre- 
cisely touching  the  mines,  in  order  that  he  might  support  me  at  Court. 

Miners  deposed  of,  and  sent  to  I iiyinia  with  a recommendation  to  the 

Governor. 

We  concluded  that  these  people  had  to  put  their  money  together,  and 
keep  a proportional  account  of  it,  and- that  one  of  the  merchants  above 
mentioned  should  pay  the  balance,  to  supply  the  transportation  and  liv- 
ing of  these  people,  that  the  Govr  of  Virginia  was  to  receive  them,  & 
take  care  of  them  at  their  arrival,  and  to  pay  the  cap1  of  the  ship,  wlto 
had  to  give  back  the  money  advanced  by  them  to  the  London  merchants. 

For  that  object,  1 wrote  an  extensive  letter  to  Gov.  Spotswood,  laying 
before  him  the  situation,  and  telling  him,  that,  in  case  the  mines  should 
not  fully  succeed,  these  good  people  could  form  a small  colony  on  the 
lands  which  we  held  together  in  Virginia,  a little  further  than  the  place 
where  were  found  supposed  minerals,  the  presence  of  which  made  a silver 
vein  presumable, — where  they  could  settle  by  the  orders  and  good  care  of 
the  Govr,  or  somewhere  else,  if  there  was  no  satisfactory  prospect  of  sil- 
ver mines. 

And  as,  in  Virginia,  there  were  no  iron  nor  copper  works,  though  a 
plenty  of  such  ores  were  found  there,  we  might  begin  bv  these,  for  which 
we  needed  no  royal  patent,  as  was  wanted  for  silver  mines,  etc. 

Departure  of  the  miners. — ( They  are  actually  settled  on  the  Governor’s 

lands,  where  they  have  started  a small  colony.)  ( Notice  of  the  author.) 

I loping'  that  my  scheme  could  succeed,  I recommended  these  good 
miners  to  the  Allmightv,  and  they  started  at  the  beginning  of  the  year 
1714. 


COLONIAL  RECORDS. 


f>7b 


A whole  year  has  elapsed  without  my  receiving  any  news  from  the 
Govr  or  from  them,  and  I feel  very  anxious. 

My  American  mishaps  seem  now  to  be  at  an  end,  but  the  same  ill  luck 
which  pursued  me  out  of  my  native  country  still  followed  me  home. 

My  departure  from  London. 

For  fear  that  my  American  creditors,  of  which  the  most  interested 
happened  to  be  at  that  very  time  in  London,  could  give  orders  to  the  sea- 
ports, to  inquire  after  me,  and  arrest  me,  I resolved  to  go  aboard  a little 
ship  bound  for  S‘  Valeries,  instead  of  taking  the  common  route  by  Dover 
or  Harwich,  and  of  going  home  bv  the  shortest.  The  day  was  appointed, 
and,  as  I dared  not  to  take  a passport,  for  fear  of  being  detected,  the 
captain  of  the  ship  (to  whom  I had  to  trust  the  matter,  though  under  a 
false  name),  advised  me  to  go  in  a little  boat  to  Gravesend,  and  prepared 
himself  to  start. 

In  danger  to  be  arrested  at  Gravesend. 

When  I was  nearly  half  way,  such  a strong  contrary  wind  arose,  that 
I was  compelled  to  land,  and  to  go  on  foot  to  Gravesend,  where  I slept 
and  remained  a whole  day;  but,  finding  the  living  dear  there,  and  not 
knowing  whether  that  contrary  wind  would  still  last  long,  considering 
besides  that  this  also  was  a seaport,  I went  on  my  way  back  to  London, 
where  my  ship  captain,  not  yet  ready,  was  waiting  for  a better  wind. 
However,  1 remained  at  Southwick,  beyond  the  Thames,  till  further 
orders.  When  he  had  unloaded,  1 was  told  to  follow  him,  and,  at  Green- 
wich I went  aboard  the  shrp,  and  outside  of  the  town  of  Gravesend,  the 
Capt"  sent  me  away,  telling  me  to  wait  until  he  would  have  declared 
everything  on  board,  and  (Jie  inspection  would  be  past.  Although  he 
told  to  the  searching  officers  that  my  trunk  belonged  to  a nobleman  from 
Sl  Valeries,  and  that  he  could  declare  that  it  contained  only  clothes,  they 
would  not  be  so  easily  satisfied.  He  accordingly  sent  quickly  a boy  to 
tell  me  that  1 had  to  open  mv  trunk,  what  made  me  anxious;  however 
I kept  a careless  countenance,  and  spoke  French:  1 at  once  took  my  key 
with  half  a crown,  and  gave  it  to  the  clerk,  asking  him  not  to  ruffle  my 
clothes,  which  were  so  tightly  packed.  This  luckily  succeeded;  if  they 
had  examined  my  writings  and  papers,  I should  have  been  detected  and 
in  danger. 


COLONIAL  RKCOKDS. 


976 


A .second  dorm  at  Marget , a j>ort  on  the  Thames. — Cross-accident.  11  Ih 
mishap.  Instead,  of  A days  it  took  us  3 weeks  to  cross  over  to  France. — 
The  entrance  of  St.  Valeries  harbour  a dangerous  one. — My  arrival  in 
France. — Arrival  at  the  Fort  de  la  Cluse,  where  I am  in  danger  to  be 
arrested  for  having  no  passport. — My  arrival  at  Geneva i and  Lavaux. — 
My  arrival  at  Bern. 

After  that,  we  sailed  on.  When  we  were  nearly  at  the  month  of  the 
river,  near  a seaport  called  Marget,  there  arose  such  a terrible  storm,  with 
thunder  and  lightning,  that  we  were  in  great  danger,  and  were  scarcely 
able  to  keep  the  anchor  fastened  over  night.  The  following  day,  when 
the  wind  had  fallen  somewhat,  we  sailed  further  on,  and  when  we  were 
on  high  sea,  a strong  contrary  wind  drove  us  to  a place  full  of  sand- 
banks, so  that  we  were  obliged  to  return  and  to  land  in  another  port 
called  Ramsey;  if  the  people  of  that  townlet  and  a great  number  of 
sailors  had  not  come  to  our  rescue,  we  should  undoubtedly  have  perished. 
We  had  to  stay  there  8 days,  on  account  of  the  contrary  wind,  and  in 
order  to  mend  our  torn  sails,  and  to  fix  different  things.  That  was  hard 
for  me,  as  I had  hardly  enough  money  for  my  voyage  through  Paris. 
When  the  wind  had  abated  some,  we  went  out,  but  were  repelled  a second 
time.  This  voyage  gave  me  more  trouble  than  when  I crossed  twice  the 
ocean.  Instead  of  3 days,  it  took  us  3 weeks  to  go  to  St.  Valeries,  where 
there  is  so  dangerous  an  entrance,  that  we  should  never  have  been  able  to 
get  into  the  harbour  if  pilots  had  not  come  out  to  meet  and  help  us.  I 
came  very  near  to  be  arrested  by  the  Governor  as  I had  no  passport,  but 
a bill  of  exchange,  by  which  lie  could  ascertain  that  1 was  a Swiss,  got 
me  out  of  trouble.  From  there  I went  up  the  river  to  Abbeville,  where 
I took  the  stage  to  Paris,  and  from  there  to  Lyons,  and  from  there  to  the 
Fort  de  la  Cluse  * where  the  Governor  or  Commander  arrested  me,  as  being 
without  a passport,  although  I had  not  been  required  to  exhibit  one  all 
through  France.  If  I had  not  been  in  possession  of  my  brief  as  lieutentgovr 
(bailli)  of  Yverdon,  which  I exhibited,  telling  how  I had  lived  in  good 
neighborly  intercourse  with  Mr  de  Bearnez,**  Govr  of  Pontarlier,  and 
giving  sufficient  evidence  of  the  fact,  I should  have  been  compelled  to  stay 
till  a satisfactory  attestation  had  come  from  Bern.  So  I went  on  my  way 


* A French  fortress  near  the  limit  between  France  & Switzerland  (Geneva).  (Trans- 
lator.) 

**  Pontarlier  is  a French  Town,  situated  at  a distance  of  about  18  miles  from  Yverdon. 
M.'  de  Bearnez  ruled  at  Pontarlier,  for  the  French  government,  in  about  the  same  ca- 
pacity as  de  Graflenried  at  Y’verdon,  for  the  Bernese  Government.  (Translator.) 


COLONIAL  RECORDS. 


977 


to  Geneva,  and  from  there  to  our  vineyards  of  Lavaux*  where  I thought  to 
meet  my  family,  according  to  the  news  received.  I even  thought  to  stay 
there  for  some  time,  but  I found  the  house  shut : everybody  had  gone  to 
Bern  a week  before.  So  I had  to  follow,  though  unwillingly,  and  1 ar- 
rived at  Bern  on  the  day  of  St.  Martin  1713,  in  good  health,  thank  God, 
and  found  everything  and  everybody  at  home  in  good  condition. 

Alas!  What  changes  I found  in  the  town!  Old  friends  grown  cold 
towards  me, — many  people  bloated  up  with  pride  and  arrogance!  My 
experiences  would  be  too  tedious  to  relate  in  their  minute  particulars. 

Cross-accident. — 1 2th  mishap.  The  Bernese  Society  (or  Company)  aban- 
dons me. 

The  worst  was,  that  those  among  whom  I thought  to  find  some  help 
to  rebuild  my  shattered  colony,  some  refused  to  hearken  to  me,  and  the 
others  I could  not  well  convince,  and  so,  I was  compelled  to  abandon  that 
colony,  for  want  of  aid,  especially  from  my  Society  (or  Company)  which 
abandons  me!  It  is  a pity,  because  others  will  be  able  to  fish  in  troubled 
waters,  and  to  take  advantage  and  benefit  of  what  1 founded  with  much 
danger,  pains,  care,  grief,  and  expense. 

Affairs  in  much  better  state  in  Carolina. — The  peace  concluded. 

Indeed,  affairs  stand  well  now  in  Carolina;  the  Government  i>  better 
established,  the  wild  Indians  destroyed,  a good  peace  concluded,  the  main 
difficulties  surmounted,  the  most  convenient  lands,  for  the  colony,  cleared 
and  cleaned  out.  The  air  there,  accordingly,  is  more  healthy,  the  popu- 
lation more  dense, — and  those  who  will  succeed  us  in  that  region  will  he 
much  better  off  than  we  were,  for  the  trials  of  the  beginning  are  over. 
My  heart  aches  to  leave  such  a beautiful  and  good  country,  where  there 
are  so  fine  prospects  of  future  prosperity,  and  such  hopes  of  a flourish- 
ing colony. 

Since  fate  will  not  favour  me  any  more  in  this  world,  there  is  no  bet- 
ter remedy  than  to  leave  it  and  to  seek  the  treasures  from  above,  where 
moth  and  rust  doth  not  consume,  and  where  thieves  do  not  break  through 
nor  steal. 

I could  have  added  here  an  account  of  the  English  Provinces  of  the 
American  Continent  which  I have  seen,  but,  several  authors  having  writ- 
ten on  these  matters,  I refer  the  reader  to  them. 

* Lavaux  is  a region  on  the  northern  side  of  t he  lake  of  Geneva,  where  tine  vineyards 
are  found.  Most  of  the  aristocratic  families  of  Bern  generally  owned  a wine  farm  there, 
in  the  time  when  the  Canton  de  Valid  was  under  Bernese  rule.  (Translator.) 

119 


COLONIAL  RECORDS. 


5)78 


He  may  consult  P.  Henepin,  Bloom’s  English  America,  Baron  tic  la 
Hontan,  Visher’s  Great  Britain,  and  on  Carolina  especially : Mr.  Ochs’ 
more  recent  Emu/,  the  Diary  and  Description  of  Carolina,  by  Lawson, 
the  same  man  who  was  sentenced  to  death  by  the  savages,  as  I have  re- 
lated it  above.  • 

Hereafter  follow  a few  annotations  about  what  I noticed  during  mv 
voyage  to  the  Tuseoruros’  region  and  during  my  captivity  among  tin; 
Indians;  only,  I just  write  them,  without  order,  in  the  very  succession 
in  which  they  struck  my  mind,  and  under  letters,  a,  b,  c,  d,  etc. 

a.  Neither  I nor  my  colonists  caused  the  slaughter  and  war  of  the  Indians. 

[ These  reasons  and  others  have  already  been  stated  above.~\ 

The  letter  to  Govr  Hyde  would  have  been  too  extensive,  had  I writ- 
ten all  these  particulars  into  it.  Some  inhabitants  of  Carolina,  moved 
by  jealousy  and  indiscretion,  accused  me  and  my  people  as  having  given 
occasion  to  the  Indian  war  and  slaughter.  1 could  quote  many  reasons 
for  my  justification,  hut  my  innocence  Ixmig  notorious,  1 will  not  trouble 
myself  much  about  it.  I will,  however,  state  here:  [These  reasons  and 
others  have  already  been  stated  above.]  (1)  If  I had  been  answerable 
for  these  events,  why  did  the  Indians  not  kill  & execute  me  as  well  as 
they  did  Surveyor-General  Lawson  ? (2)  I paid  for  the  lands  called  by 

the  Indians  Chattauqua  (written  in  the  MS.  Chatoueka. — Translator) 
three  times:  once  to  the  LL.  PvoriS,  once  to  the  Surveyor-General,  a third 
time  to  the  Indian  King,  called  Taylor.  (That  Indian  King  lived  with 
his  people  at  the  very  place  where  my  house  and  the  started  town,  New- 
Bern,  now  stand.)  With  these  Indians,  I and  niv  people  lived  very 
friendly,  and  I should  as  well  have  paid  the  balance  of  the  land,  if  they 
had  required  it  from  me.  (3)  There  was  not  a single  complaint  against 
me,  as  was  evident  by  the  great  Assembly  of  the  Tuseoruros  where  every- 
thing was  discussed  over  again  in  the  presence  of  the  Virginian  merchant. 

The  real  authors  of  the  troubles  were  denounced  by  their  names;  by 
charity,  I will  not  recall  the  latter  here;  the  two  Lord  Governors  of  Vir- 
ginia & N.  Carolina  have  seen  to  it. 

b.  Soberness  and  good  order  of  the  Council  of  the  Savages. 

I have  seen  many  considerable  and  important  assemblies,  and  1 have 
even  taken  part  in  some,  but  I have  been  surprised  at  the  gravity  A fine 
order  of  these  heathen,  at  their  silence,  obedience,  regard  for  their  supe- 
riors; nobody  speaks  but  in  Ids  turn,  only  once,  with  great  decencv  A 
modesty.  No  passion  made  itself  conspicuous,  and  sufficient  time  was 


COLONIAL  RECORDS. 


079 


allowed  for  the  reply.  Everything  goes  on  with  such  propriety  that  I 
can  say,  for  the  confusion  and  shame  of  many  Christian  magistrates. 
The  process  was  conducted  in  so  fine  an  order,  at  the  least  as  by  any 
Christian  judge,  and  they  reasoned  so  well,  that  I was  quite  surprised. 

c.  These  7 villages  of  the  Tuscororos  discard  responsibility. 

Seven  villages,  of  the  Tuscaruros’  nation,  pretended  to  be  entirely  in- 
nocent of  the  Indian  war  & slaughter.  They  argued,  that  they  had  no 
understanding  with  the  other  Indians, — the  latter  being  more  distant  & 
nearer  to  Virginia,  on  which  they  depend  for  the  trade.  These  7 town- 
ships or  villages,  however,  have  some  power  over  the  small  neighbouring 
groups,  & hold  them,  to  a certain  extent,  under  some  degree  of  bondage. 
That  Tom  Blount  is  King  <&  ( 'liief  over  a considerable  number  of  1 ndians, 
full  of  sense,  and  much  inclined  towards  the  English  nation.  He  con- 
tributed much  towards  a good  peace,  and  even  when  the  question  was 
only  about  me,  he  spoke  much  in  mv  favor. 

d.  Charity  of  an  Indian  widow.  Some  good  qualities  of  the  Indians. 

I cannot  but  state  here  the  great  generosity  and  pity  shown  bv  a good 
widow,  who  gave  me  from  the  very  beginning,  during  my  imprisonment, 
always  to  eat,  so  that  at  least  food  did  not  fail  me. 

But  what  is  most  remarkable,  as  soon  as  she  saw  me  bound  by  young 
rogues  who  plundered  me,  and  took  from  me,  among  other  things,  my 
silver  shoe-buckles,  fastened  only  by  a small  string,  she  took  her  beauti- 
ful brass-buckles,  (with  which  she  fastened  her  head-band,)  and  put  them 
on  my  shoes.  More  than  that,  she  was  not  satisfied  till  she  had  found 
out  which  Indian  had  taken  my  buckles,  she  bought  them,  and  came  in 
high  glee,  running  to  me  and  put  them  back  on  my  shoes.  Must  it  not 
be  conceded  that  it  was  a great  kindness  from  a savage  woman,  for  the 
confusion  of  many  Christians?  1 must  state  here,  to  the  shame  of  the  lat- 
ter, that  the  Indians  are  generally  much  more  generous  and  charitable; 
1 have  observed  many  good  traits  in  them:  for  example,  they  do  not 
swear, — hold  exactly  what  they  promise, — do  not  quarrel  in  gambling, 
are  not  so  greedy,  have  not  so  much  pride.  I have  heard  nothing  unbe- 
coming among  their  young  men;  although  almost  naked,  they  neverthe- 
less behave  more  decently  than  Christians,  etc.  What  I observed  worst 
in  them,  is  their  strong  anger,  which  generally  becomes  wrath. 

e.  The  Savages'  ceremonies  in  their  triumphal  feast. 

I must  state  here  that  when  those  barbarous  burglars  returned  home, 
their  wives,  informed  by  messengers,  prepared  themselves  for  a great 


980  COLON! A L RECORDS. 

night- feast:  every  family  cooked  the  best  kind  of  meats,  after  their 
fashion,  and  brought  them  on  the  great  execution-ground,  where  they 
also  often  have  their  dances;  every  family  erected  a small  scaffold,  with 
a good  fire  near  it,  and  they  disposed  those  stands  in  a circle  around  the 
said  ground.  In  the  middle  was  a big  fire,  near  which  the  priest  was 
standing. 

The  women  all. took  their  jewels  and  ornaments,  consisting  in  Wampon 
necklaces,  glass-coral,  and  burnt  shells, — and  then  took  some  small  sticks 
or  rather  thick  twigs,  and  stuck  them  in  the  centre  of  the  ground,  verti- 
cally, as  a sacrifice.  They  had  also  raised  there  3 deer  hides,  as  their 
Idols,  which  they  do  not  worship,  but  respect. 

The  Queen,  or,  in  her  absence,  the  first  in  rank  after  her  began  first, 
the  others  followed,  always  singing;  when  the  circle  was  completed,  they 
danced  around  the  fire  and  the  three  hides  untill  they  were  tired. 

After  that,  every  one  went  to  her  small  scaffold  to  eat  with  her  hus- 
band ; when  they  had  done,  they  took  sticks  wrapped  in  black,  made 
the  same  ceremony  as  before,  taking  back  the  sticks  adorned  with  coral, 
and  putting  the  black  ones  in  their  place,  and  returned  to  their  stands. 
Meanwhile,  the  priest  was  engaged  in  his  duties,  threatening  the  enemies, 
in  most  strange  attitudes,  and  praising  the  soldiers,  and  exalting  and  ex- 
citing their  courage  for  the  future.  After  that,  the  young  men  went  and 
brought  green  limbs  of  trees,  painted  their  f'aees  with  black,  white,  and 
red,  letting  their  hair  fly  loose,  and  sticking  into  it  small  feathers  and 
white  cotton  ; and  so,  looking  more  like  horrid  devils  than  like  men, 
they  all  ran  to  the  big  ground  with  dreadful  yells  and  howls  and  danced 
as  was  said  above. 

I observed  that,  when  the  Indian  soldiers,  or  rather  burglars,  above 
mentioned,  returned  with  their  booty  & prisoners,  the  priest  and  the  tall- 
est woman  of  rank*  took  the  poor  prisoners  and  compelled  them  to 
dance;  when  they  refused  to  do  it,  they  took  them  under  the  arms,  lifted 
them,  and  let  them  down  alternatively,  as  a sign  that  these  Christians  had 
now  to  dance  after  their  music,  and  had  become  their  subjects. 

These  pagan  ceremonies  may  be  considered  as  their  religious  worship 
and  idolatrous  devotion.  I sometimes  noticed,  in  the  morning,  that  they 
sang  a little  serious  sounding  song  instead  of  praying, — what  they  also 
do  in  great  dangers. 

*The  sense  may  l>e  also,  though  awkwardly,  expressed  in  the  MS.:  The  woman  of 

highest  rank.  (Translator.) 


RECORDS. 


981 


f.  Religious  worship  of  the  Carolinian  Savb$6$j  ‘ 

I also  noticed  among  the  Indians  who  dwefhat  the  place  where  I set- 
tled and  started  the  building  of  New-Bern,  anoth’ef  .kind  of  rites  which 
come  nearer  to  the  Christian  divine  worship.  They  nltl  there  a kind  of 
altar,  cunningly  interwoven  with  small  sticks,  and  vaulted \like  a thane. 
In  one  place  was  an  opening,  like  a small  door  or  wicket,  thrortjgh  which 
they  put  their  offerings.  In  the  midst  of  this  heathenish  chapel  was  a 
concavity  where  they  sacrificed  beans,  corals,  and  also  Wampons.  Peer- 
ing the  rising  sun,  was  planted  in  the  ground  a wooden  post,  with  a 
carved  head,  painted  half  red  and  half  white.  In  front  of  it  stood  a 
big  stick  with  a small  crown  at  its  end,  wrapped  up  in  red  and  white; 
on  the  other  side,  which  looks  towards  the  setting  sun,  was  another 
image,  with  a horrid  face  painted  in  black  and  red.  By  the  first,  they 
mean  some  god,  and  by  the  other  the  Demon,  which  they  know  far  bet- 
ter. 

I cannot  but  relate  here,  to  amuse  the1  reader,  what  happened  to  one 
of  mv  tenants,  a tall,  strong,  well-built  fellow  : passing  near  by  these 
idols,  he  examined  them,  and  knew  at  once  the  difference  between 
the  good  god,  and  the  one  which  represented  the  devil.  The  latter  being 
painted  in  red  and  black,  which  happen  precisely  to  be  the  colours  of  the 
Bernese  flag  and  arms,*  he  became  so  angry  about  it,  that  he  split  in 
two,  with  his  axe,  the  Devil’s  statue.  When  he  came  home,  he  boasted 
about  it,  as  if  it  had  been  an  heroic  feat,  saying  that  lie  had  split  the 
devil  in  two  with  one  stroke.  Though  1 could  not  help  smiling,  1 could 
not  approve  his  action.  Soon  after,  the  Indian  King  came,  exasperated 
at  this  sacrilege,  and  complained  loudly.  I first  told  him,  in  a jocose 
way,  that  it  was  only  the  wicked  Idol,  that  there  was  not  much  harm 
done,  but  that  if  he  had  cut  the  good  Idol  to  pieces,  I should  have  rig- 
orously chastised  him,  and  that,  in  the  future,  orders  would  be  given  in 
order  that  no  such  thing  could  happen  any  more. 

Although  the  Indian  King  saw  well  that  I spoke  of  the  all  thing  as  a 
joke,  hedid  not  like  it  much,  but  looked  very  serious.  I accordingly  told  him, 
quite  as  seriously,  that  that  man’s  action  did  not  please  me  at  all, — and 
that,  if  he  could  show  me  the  one  who  had  committed  such  a scandalous 
offence,  he  should  be  rigorously  punished.  To  appease  a little  those 
Indians,  I treated  the  King  and  his  retinue  to  some  rum,  a liquor  dis- 
tillated  from  sugar-dregs,  and  a verv  healthv  beverage,  when  taken  mod- 


V 


♦The  coat  of  arms  of  the  Canton  Hern  hears  a “ Black  (Sable)  Bear  on  Red  (Gules) 
Ground."  (Translator.) 


982 


COLONIAL  RECORDS. 


erately.  My  courtesy  put  them  in  a more  serene  mood,  and  they  left  my 
home  quite  satisfied. 

g.  How  the  Savages  bury  their  dead. 

They  have  more  ceremonies  for  the  burials  than  for  the  weddings  and 
marriages,  and  1 noticed  something  very  peculiar  at  the  burial  of  a 
widow.  Before  telling  that  event,  I shall  say,  only  in  passing,  what  the 
priests  sometimes  do  in  case  of  sickness.  After  they  have  given  the 
needed  remedies,  if  these  do  not  operate,  they  make  grimaces,  faces,  and 
contortions,  blowing  at  last  their  breath  in  the  patient’s  mouth,  with  a 
loud  noise  and  snoring,  and  I do  not  know  what  other  incantations.  If 
the  sick  person  gets  better,  the  joy  is  unutterable, — if  he  dies,  they  howl 
in  the  most  dismal  and  frightful  way. 

The  sepulchres  or  tombs  of  these  Indians  are  very  dexterously  made, 
out  of'  the  bark  of  trees,  vaulted.  When  the  dead  is  being  carried  to 
his  sepulchre,  the  priests  stand  near  by,  make  great  lamentations,  and 
give  a funeral  oration.  In  their  usual  way,  if  there  is  some  benefit  to 
expect,  they  give  great  praises  to  the  behaviour  of  the  dead  or  of  his 
relations,  comfort  them,  and  make  I do  not  know  what  for  horrible  ex- 
orcisms. They  take  much  pains,  in  gestures  and  in  speech,  so  much  so 
that  they  perspire  abundantly.  After  the  ceremony,  the  heirs  or  nearest 
relations  give  to  the  priests  Wampon-neeklaees,  I mean  corals  made  out 
of  calcinated  oyster-shells,  purple-coloured,  A yellow,  which  is  the  cost- 
liest reward  they  could  give. 

N.  B.  The  Indians  make,  with  those  corals,  garters,  necklaces,  girdles, 
so  well  interwoven  that  they  really  surprised  me.  After  the  tomb  was 
covered,  I noticed  something  which  passes  imagination,  and  which  I 
should  not  believe,  had  I not  seen  it  with  my  own  eyes.  From  the  tomb 
arose  a little  flaming  fire,  like  a big  candle-light,  which  went  up  straight 
in  the  air,  and  noiselessly, — went  straight  over  the  cabin  of  the  deceased 
widow,  and  thence  further  across  a big  swamp  above  1 Jr  mile  broad,  until 
it  finally  vanished  from  sight  in  the  woods.  At  that  sight,  I gave  way 
to  my  surprise,  and  asked  what  it  meant,  but  the  Indians  laughed  at  me, 
as  if  I ought  to  have  known  that  this  was  no  rarity  among  them,  they 
refused,  however,  to  tell  me  what  it  was.  All  what  T could  ascertain, 
was  that  they  thought  a great  deal  of  it, — that  this  light  is  a favourable 
omen,  which  makes  them  think  the  deceased  a happy  soul, — during  they 
deem  it  a most  unpropitious  sign  when  a black  smoke  ascends  from  the 
tomb.  This  flying  flame,  yet,  could  not  be  artificial,  on  account  of  the 
great  distance;  it  could  be  some  physical  phenomenon,  like  sulphurous 
vapors, — but  this  great  uniformity  in  its  appearance  surpasses  nature. 


COLONIAL  RECORDS. 


983 


As  1 was  on  another  occasion  busy,  in  Govr  Hyde’s  house,  with  the 
Council,  to  conclude  a good  peace  with  the  Indians,  six  or  eight  of' those 
Kinglets  being  present  as  representatives  of  their  nation,  with  a retinue 
of*  other  Indians,  I noticed  among  them  a priest  whom  I asked  what 
was  the  meaning  of  what  I related  above.  There  were  more  than  twenty 
Indians,  but  among  them  I found  only  that  priest  and  another,  an  an- 
cient, or  old  man,  who  were  able  to  give  me  an  explanation;  and  this  did 
not  satisfy  me,  and  seems  to  me  a fable,  and  a tale  so  ridiculous  that  it 
presented  not  even  the  shadow  of  a truth. 

Transmigration  of  souls. 

They  told  me  that  only  old  priests  of  great  experience  could  cause  such 
visions  to  appear.  When  I asked  what  was  this  Hying  flame  issuing 
from  the  tomb,  they  told  me  it  was  the  soul  of  the  deceased,  which  went 
into  another  good  creature,  if  the  person  had  lived  well  & well  behaved. 
But  if  she  had  led  a bad  life,  the  soul  went  into  an  ugly,  wicked,  and 
unhappy  creature.  They  further  told  me  that  these  priests  attained  to 
such  science  or  magic,  in  the  following  way: 

Sometimes  a small,  subtle  fire,  also  like  a kind  of  flying  flame, — 
flickers  from  one  tree  to  another, — what  very  seldom  happens.  When 
an  Indian  sees  it,  he  must  run  with  all  his  might  to  catch  it,  and  in  the 
moment  when  the  hand  covering  the  fire,  extinguishes  it,  is  born  a 
kind  of  small  spider  which  runs  hither  and  thither,  very  quickly,  in  the 
hand,  so  that  it  is  nearly  impossible  to  keep  quite  close  over  it  the  other 
hand, — but  that  if  one  succeeds  in  keeping  it  tight, — it  grows  to  the  size 
of  a mouse; — in  that  way  the  man  who  captured  this  wonderful  thing 
becomes  the  best  master  A magician  and  can  achieve  all  kinds  of  surpris- 
ing feats.  [N.  B.  These  “conjurors,”  as  they  are  called  in  English,  have 
also  the  power  to  evoke  the  Devil  and  to  send  him  away.] 

h.  How  an  India n contrived  to  raise  a good  wind  into  the  sails. 

My  pilot  attested  to  me  that,  as  he  was  once  crossing  the  sound  (a 
great  sea  bay  in  N.  Carolina),  in  a boat,  there  was  such  a dead  calm  that 
they  could  not  move.  An  Indian,  who  happened  to  be  there  told  him 
that,  if  he  wanted  him  to  do  it,  he  could  in  a short  time  raise  a good 
wind.  The  pilot,  who  wished  for  nothing  better,  since  he  had  none  too 
much  provisions,  allowed  him  to  act  as  he  pleased,  and  all  at  once  arose 
such  a strong  wind,  and  tliev  sailed  at  such  a rate,  that  they  were  fright- 
ened, but  had  to  go,  as  there  was  no  means  of  stopping.  And  so,  they 
arrived,  nearly  in  a little  while,  at  the  place  for  which  they  were  bound, 


!IKI 


COLONIAL  IiKCOKJ)*. 


not  without  great  risks  of  a shipwreck;  the  Pilot  told  me  that  in  his  life 
he  would  not  use  such  kind  of  help  again. 

The  reader  may  believe  what  he  pleases  of  this  and  the  things  stated 
above,  but  one  thing  is  certain  : Satan  wantons  a great  deal  with  those 
poor  creatures,  and  there  may  be  many  delusions;  if  these  fabulous  tales 
had  not  been  told  to  me  in  such  a considerable  Assembly,  I should  not 
have  dared  to  quote  them  in  this  my  account. 

I have  noticed  and  heard  many  other  things  among  the  Indians,  but 
so  many  authors  have  written  about  them,  that  I would  not  enlarge  any 
more  upon  this  subject,  for  fear  that  1 should  only  repeat  their  state- 
ments. 

i.  Barbarous  actions  of  the  Indians,  as  compared  with  the  doings  of  the 

C hristians. 

As  to  the  barbarous  and  stern  ways  of  the  heathenish  Indians  (which 
I already  mentioned  above),  I own  that  they  are  enraged  when  angry, 
but,  left  to  themselves  in  peace  and  quietness,  they  are  benevolent  and 
obliging,  after  their  own  way.  They  seldom  offend  the  Christians  with- 
out having  some  motive  for  it,  and,  the  greatest  part  of  the  time,  the 
abuse  comes  from  the  Christians,  who  deal  roughly  with  them.  I spoke 
with  several  Indians  about  their  cruelty,  but  an  Indian  King,  a man  of 
good  sense,  answered  me  in  comparing  the  Indian  with  a snake:  “Leave 
it  alone,  coiled  up  as  it  is,  do  not  hurt  it,  and  it  will  hurt  no  living  crea- 
ture,— but  disturb  its  rest  and  it  strikes  and  bites.”  That  the  Christians 
have  been  worse  and  more  cruel,  especially  the  Spaniards  who  had  so  in- 
humanly dealt  with  their  ancestors.  As  to  their  manner  of  warfare, 
which  seemed  to  the  Christian  to  be  a brigandage,  because  the  contest  is 
not  led  boldly  and  openly,  they  had,  of  course,  to  avail  themselves  of 
some  advantages;  if  not,  they  could  not  subsist  and  would  always  have 
the  worst  of  it ; that  they  were  not  many,  and  were  not  provided  with 
cannons,  guns,  swords,  powder,  balls  & other  war  inventions,  far  more 
treacherous  and  destructive  than  their  own  ways,  which  were  more  natu- 
ral and  far  less  pernicious;  that  the  arms  and  war-ammunition  which 
they  had  came  from  the  Christians,  and  were,  as  said,  inventions  much 
more  injurious,  fraudulent,  and  wicked  than  theirs,  and  that  the  Chris- 
tians dealt,  not  only  with  heathen  or  strangers,  but  with  Christians,  their 
own  brethren,  most  cruelly, — and  that  amongst  us  we  committed  the 
most  tyrannical  acts,  etc.,  (what  I have  experienced  myself  as  may  be 
seen  above,  in  the  narration  of  the  plot  laid  against  me  by  a rascally 
gang.) 


COLONIAL  RECORDS. 


985 


CHRISTOPHER  DE  GRAFFENRIED 
1662—1743 

A NOTICE  BY  MAURICE  DE  STURBER  CHANCELLOR  OF  THE  STATE  OF 

BERN 

(15th  of  August  1876.) 

By  edicts  dated  1663  & 1665,  King  Charles  II  of  England  had  made 
a donation  to  eight  English  lords,  his  favourites,  of  a vast  territory  in 
America,  including  7 degrees  of  latitude  and  40  longitude,  to-day  about 
the  States  of  North  and  South  Carolina.  This  great  country  was  divided 
by  its  eight  proprietors  into  palatinates,  landgraviates,  counties,  and 
given  in  fee  to  gentlemen,  and  especially  to  those  who  would  bind  them- 
selves to  bring  colonists  thither;  the  indigenous  population  consisting 
only  in  a few  thousand  savage  Indians.  This  work  of  colonization, 
however,  was  very  slow,  notwithstanding  the  progress  of  immigration  to 
America,  which  was  accelerated  by  the  destructive  wars  of  Central 
Europe;  it  was  stopped,  also,  from  time  to  time,  by  the  sudden  resist- 
ance of  the  Indians. 

In  1710,  arrived  in  the  bay  of  Pamplieo  Christopher  de  Gratfenried, 
the  leader- of  a number  of  Bernese  and  German  emigrants,  provided  with 
letters-patent  from  the  lords  of  Carolina,  which  appointed  him  land- 
grave of  the  territory  between  the  rivers  Trent  A Reuse,*  with  full 
powers  to  erect  there  a castle  and  to  govern  the  said  country.  This  de 
Gratfenried,  the  elder  son  of  Antony  de  Gratfenried,  lord  of  Worb, 
had  been  lieutenant-governor  (bailli,)  of  Yverdon  from  1702  to  1708 
and  had  exposed  his  property  to  such  degree,  that,  first  without  doubt 
among  his  countrymen,  he  resolved  to  try  to  repair  it  in  the  new 
world.  Patrons,  which  he  found  in  England,  and  his  reputation  as  a 
skilful  and  energetic  administrator  caused  him  to  lie  appointed  to  the 
said  landgraviate,  by  a deed  of  July  29,  1709. 

Having  landed  in  Carolina  and  arrived  on  the  spot,  he  first  looked 
out,  within  his  district,  for  the  place  best  fitted  to  erect  a fortified  camp 
or  a Town.  This  choice  fell  on  the  delta  formed  bv  the  rivers  Trent  and 
Reuse,  above  their  junction.  There,  in  an  immense  plain,  among  sands 
and  swamps,  beneath  a burning  sky,  he  built,  with  his  companions,  New- 

*Reuse  stands  here,  I suppose,  for  News  or  Neuse?  (Translator.) 

120 


COLONIAL  RECORDS. 


ml  stood  his  ground  against  the  Indian  tribe  of  the  Tuscaroras, 
qiuted  every  inch  of  ground.  At  last,  after  many  struggles  and 
al  bloodshed,  the  natives  and  the  immigrants  put  an  end  to  their 
by  a treatise  of  friendship,  settling  the  boundaries  between  them, 
man -Swiss  colony  then  prospered,  and  de  G.  remained  in  it,  and 
cr  it,  until  1720,  when  the  desire  to  see  his  family  again,  his 
lis  country, — moved  him  to  recross  the  ocean  to  go  and  recruit 
ern’s  native  atmosphere. 

absence,  his  eldest  son,  Christopher,  was  to  rule  over  the  colony. 

, at  first  temporary,  office  became  permanent  by  the  resolution 
which  the  father  took  not  to  leave  any  more  Switzerland  and  the  State  of 
Bern,  where  the  joint-lordship  of  Worb  fell  to  his  lot  in  the  year  1730. 
Christopher,  his  son,  on  the  contrary,  settled  definitively  in  America, 
especially  in  N.  Carolina  and  at  New  Bern, — but  the  grandson,  Anthony 
Tscharner  (this  last  name  given  to  him  in  memory  of  his  grandmother’s 
family,  de  Tscharner)  became  one  of  the  most  important  planters  of  Vir- 
ginia, where  his  descendants  still  live.  Since  the  American  independence 
(1776)  the  feudal  organization  of  both  Carolinas  had,  obviously,  ceased 
to  exist.  (Bern,  Aug.  15,  ’76).  M.  de  S. 


De  GrafFenried’s  MS.  is  written  in  French,  defaced  by  many  Germanisms, — (German 
being  his  native  language,  as  a citizen  of  Bern,  Switzerland).  It  is  recorded,  under  No. 
3019,  in  the  public  library  of  Yverdon,  Switzerld,  as  the  Relation  of  a Voyage  lo  Amer- 
ica, by  a former  Lieutenant-Governor  of  Yverdon ,”  (bailli  d’  Yverdon). 


ATTESTATION.  [ Number  108  in  the  Notary’s  register .] 

VIDIMUS. 

I,  the  undersigned  Silvius  Roulier,  Notary  Public  at  Yverdon,  Dis- 
trict of  the  same  name,  Canton  de  Vaud,  Switzerland,  certify  and  attest 
that  the  preceding  narrative,  containing  sixty-nine  pages,*  as  well  as  a 
small  notice  annexed  to  it,  and  written  on  thirty  centimes’  stamped  paper, 
after  having  them  duly  collated,  are  conformable  to  the  originals  exhib- 
ited, and  that  due  credit  must  be  given  to  them. 

Declared  and  attested  in  the  presence  of  Louis  Frankh'auser,  of  Trab, 
Canton  of  Bern,  merchant,  and  of  Marius  Brun,  of  Coinsino,  policeman, 
both  living  in  Yverdon,  also  undersigned,  requested  as  witnesses. 


One  hundred  and  eighty-nine  in  the  translation.  (Translator.) 


COLONIAL  RECORDS. 


987 


Given  at  Yverdon,  Saturday,  July  twenty-fifth,  eighteen  hundred  and 
eighty-five. 

(Signed)  SYLY.  ROULIER, 

/Q.  ,>  T t Notary  Public. 

(Signed)  Louis  Frank hausek. 

Marius  Brun. 


The  undersigned,  members  of  the  Commission  of  the  Public  Library 
of  Yverdon,  certify  that  the  above  narration  is  the  authentical  copy,  ver- 
ified by  them,  of  the  manuscript  which  exists  in  the  said  Library  under 
the  following  title: 

Number  3110.  Account  of  a voyage  to  America  in  the  year  1710, 
by  a former  lieutenant-governor  (bailli,  old  french:  baillif)  of  Yverdon, 
manuscript  of  105  pages  f°. 

Yverdon,  July  25  1885 

The  Vice  President  JOHN  LANDRY,  Secretary 

CH.  MEYLAN 

attorney-at-Law. 

!+♦■*-+++-«■+ 

X Seal.  J 
+ + 

N°  431.  Seen  and  vised  for  attestation  of  the  signatures  of  ChI, * * * * * * 8  Mey- 
lan,  attorney-at-law,  & John  Landry,  Secretary,  the  1‘  vice-president, 
the  2a  secretary  of  the  public  library  at  Yverdon,  signatures  which  are 
affixed  to  the  above  declaration. 

Yverdon,  July  25  1885  The  Justice  of  the  Peace 

E.  PAILLARD. 

J-M-++ -M-M-  + 

J Seal.  J 
t I ■! 


I,  the  undersigned,  Alfred  DuFour,  a resident  of  Mill  River  (Hen- 
derson Co.),  N.  C.,  state,  attest,  and  declare  that  the  preceding  191  pages, 

have  been  translated  by  me,  word  by  word,  to  the  best  of  my  knowledge 

& abilities,  from  the  authenticated  copy  of  Baron  de  Gratfenried’s  Man- 

uscript, as  taken  by  Sylvius  Roulier,  notary-public  at  Yverdon,  Switzer- 

land. 

Charlotte  & Mill  River,  N.  C. 

October  the  twenty-second,  18  hundred  and  eighty-five. 

A.  DuFOUR. 


-y^rdbU 

Date  Due 

< 

9 

I 

** 


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